(d)(1) In a case in which-
(A) a work of visual art has been incorporated in or made part of a
building in such a way that removing the work from the building will
cause the destruction, distortion, mutilation, or other modification of
the work as described in section 106A(a)(3), and
(B) the author consented to the installation of the work in the building
either before the effective date set forth in section 610(a) of the
Visual Artists Rights Act of 1990, or in a written instrument executed
on or after such effective date that is signed by the owner of the
building and the author and that specifies that installation of the work
may subject the work to destruction, distortion, mutilation, or other
modification, by reason of its removal,
then the rights conferred by paragraphs (2) and (3) of section 106A(a)
shall not apply.
(2) If the owner of a building wishes to remove a work of visual art
which is a part of such building and which can be removed from the
building without the destruction, distortion, mutilation, or other
modification of the work as described in section 106A(a)(3), the
author's rights under paragraphs (2) and (3) of section 106A(a) shall
apply unless-
(A) the owner has made a diligent, good faith attempt without success to
notify the author of the owner's intended action affecting the work of
visual art, or
(B) the owner did provide such notice in writing and the person so
notified failed, within 90 days after receiving such notice, either to
remove the work or to pay for its removal.
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