PREEMPTION.

SEC. 605. PREEMPTION. Section 301 of title 17, United States Code, is amended by adding at the end the following: “(f) (1) On or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, all legal or equitable rights that are equivalent to any of the rights conferred by section 106A with respect to works of visual art to which the rights conferred by section 106A apply are governed exclusively by section 106A and section 113(d) and the provisions of this title relating to such sections. Thereafter, no person is entitled to any such right or equivalent right in any work of visual art under the common law or statutes of any State. “(2) Nothing in paragraph (1) annuls or limits any rights or remedies under the common law or statutes of any State with respect to— “(A) any cause of action from undertakings commenced before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990; “(B) activities violating legal or equitable rights that are not equivalent to any of the rights conferred by section 106A with respect to works of visual art; or “(C) activities violating legal or equitable rights which extend beyond the life of the author.”.