use of a work is not a destruction, distortion, mutilation, or other
modification described in paragraph (3) of subsection (a).

(d) Duration of Rights.- (1) With respect to works of visual art created
on or after the effective date set forth in section 610(a) of the Visual
Artists Rights Act of 1990, the rights conferred by subsection (a) shall
endure for a term consisting of the life of the author.

(2) With respect to works of visual art created before the effective
date set forth in section 610(a) of the Visual Artists Rights Act of
1990, but title to which has not, as of such effective date, been
transferred from the author, the rights conferred by subsection (a)
shall be coextensive with, and shall expire at the same time as, the
rights conferred by section 106.

(3) In the case of a joint work prepared by two or more authors, the
rights conferred by subsection (a) shall endure for a term consisting of
the life of the last surviving author.

(4) All terms of the rights conferred by subsection (a) run to the end
of the calendar year in which they would otherwise expire.

(e) Transfer and Waiver.- (1) The rights conferred by subsection (a) may
not be transferred, but those rights may be waived if the author
expressly agrees to such waiver in a written instrument signed by the
author. Such instrument shall specifically identify the work, and uses
of that work, to which the waiver applies, and the waiver shall apply
only to the work and uses so identified. In the case of a joint work
prepared by two or more authors, a waiver of rights under this paragraph
made by one such author waives such rights for all such authors.