(a) Alteration unavoidable.--If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration or destruction of such fine art, the rights and duties created under this act, unless expressly reserved by an instrument, in writing, signed by the owner of the building, shall be deemed waived. Such instrument shall be binding on subsequent owners of the building.

(b) Removal without alteration.--If the owner of a building wishes to remove a work of fine art which is a part of such building but which can be removed from the building without substantial harm to such fine art, the rights and duties created under this act shall apply unless the owner has diligently attempted without success to notify the artist or, if the artist is deceased, his heir, legatee or personal representative, in writing, of his intended action affecting the work of fine art, or unless he did provide notice and that person failed within 90 days either to remove the work of fine art or to pay for its removal. If the work of fine art is removed at the expense of the artist, his heir, legatee or personal representative, title to such fine art shall pass to that person.

(c) Rights of authorship not affected.--Nothing in this section shall affect the rights of authorship created in section 3.¹

(d) Emergency situations.--No liability shall accrue to the owner of the building or his agent who removes a work of fine art and, by doing so, causes the work of fine art to be altered, defaced, mutilated or destroyed due to an emergency situation which provides no opportunity for the owner of the building to provide due notice to the artist.