A01018 Summary:

BILL NOA01018A
 
SAME ASSAME AS S01229-A
 
SPONSORRosenthal
 
COSPNSROtis, Thiele, Seawright, Barrett, Titone
 
MLTSPNSRCeretto
 
Add S15.12, amd SS11.01, 15.11 & 15.15, Arts & Cul L
 
Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.
Go to top    

A01018 Actions:

BILL NOA01018A
 
01/08/2015referred to tourism, parks, arts and sports development
05/28/2015amend and recommit to tourism, parks, arts and sports development
05/28/2015print number 1018a
01/06/2016referred to tourism, parks, arts and sports development
Go to top

A01018 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1018--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced  by M. of A. ROSENTHAL, OTIS -- read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the arts and cultural affairs law, in relation to opin-
          ions concerning authenticity, attribution and authorship of  works  of
          fine art
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 11.01 of the  arts  and  cultural  affairs  law  is
     2  amended by adding a new subdivision 23 to read as follows:
     3    23.  "Authenticator" as used in section 15.11, 15.12 and 15.15 of this
     4  chapter shall mean, subject to the limitations in  this  subdivision,  a
     5  person  or  entity  recognized  in  the  visual arts community as having
     6  expertise regarding the artist, work of fine art, or visual art multiple
     7  with respect to whom such person or entity renders an opinion as to  the
     8  authenticity,  attribution or authorship of a work of fine art or visual
     9  art multiple, or a person or entity recognized in  the  visual  arts  or
    10  scientific  community as having expertise in uncovering facts that serve
    11  as a direct basis, in whole or in part, for an opinion as to the authen-
    12  ticity, attribution or authorship of a work of fine art  or  visual  art
    13  multiple.  "Authenticator" shall include, but not be limited to, authors
    14  of catalogues raisonne or other scholarly texts in which an  opinion  as
    15  to  the authenticity, attribution or authorship of a work of fine art or
    16  visual art multiple is expressed or implied. "Authenticator"  shall  not
    17  include  a person or entity that has a financial interest in the work of
    18  fine art or visual art multiple for which such opinion is rendered or in
    19  any transaction concerning such work of fine art or visual art  multiple
    20  for  which  the  opinion  is  rendered, other than to be compensated for
    21  services such person or entity engaged in to provide an  opinion  as  to
    22  the  authenticity, attribution or authorship of such work of fine art or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04295-02-5

        A. 1018--A                          2
 
     1  visual art multiple or to provide information on which such  an  opinion
     2  is based in whole or in part.
     3    §  2.  Section 15.11 of the arts and cultural affairs law, as added by
     4  chapter 849 of the laws of 1984, is amended to read as follows:
     5    § 15.11. Express warranties.  Information  provided  pursuant  to  the
     6  provisions  of this article shall create an express warranty pursuant to
     7  section 13.05 of this title.  When  such  information  is  not  supplied
     8  because  not  applicable, this shall constitute an express warranty that
     9  such required information is not applicable.   This  section  shall  not
    10  apply  to  an authenticator's opinion or information concerning a visual
    11  art multiple or work of fine art, as set  forth  in  subdivision  23  of
    12  section 11.01 of this chapter, section 15.12 of this article, and subdi-
    13  vision 4 of section 15.15 of this article.
    14    §  3.  The  arts  and  cultural affairs law is amended by adding a new
    15  section 15.12 to read as follows:
    16    § 15.12. Authentication of works of fine art and visual art multiples.
    17  In any civil action brought against  an  authenticator,  as  defined  in
    18  subdivision  23  of  section  11.01 of this chapter, that arises from or
    19  relates to the authenicator's opinion or information concerning a visual
    20  art multiple or work of fine art, the claimant shall specify with parti-
    21  cularity in the complaint facts sufficient to support  each  element  of
    22  the claim or claims asserted.
    23    §  4.  Subdivision 4 of section 15.15 of the arts and cultural affairs
    24  law, as added by chapter 849 of the laws of 1984, is amended to read  as
    25  follows:
    26    4.  (a)  In any action to enforce any provision of this article, other
    27  than a civil action brought against  an  authenticator,  as  defined  in
    28  subdivision  23  of  section  11.01 of this chapter, that arises from or
    29  relates to the authenticator's opinion or information concerning a visu-
    30  al art multiple or work of fine art, the court may allow the  prevailing
    31  purchaser  the  costs  of the action together with reasonable attorneys'
    32  and expert witnesses' fees.
    33    (b) In any civil action brought against an authenticator,  as  defined
    34  in  subdivision 23 of section 11.01 of this chapter, that arises from or
    35  relates to the authenticator's opinion or information concerning a visu-
    36  al art multiple or work of fine art, the court may allow the  prevailing
    37  authenticator  the  costs  of the action together with reasonable attor-
    38  neys' and expert witnesses' fees, provided, however, that no such  costs
    39  or  fees  shall  be  made pursuant to this section except upon a written
    40  finding of good and just cause, which shall specify the grounds thereof.
    41    (c) In the event, however, the court  determines  that  an  action  to
    42  enforce  any  provision  of this article was brought in bad faith it may
    43  allow such expenses  to  the  art  merchant  as  it  deems  appropriate;
    44  provided, however, that in any civil action brought against an authenti-
    45  cator,  as  defined  in subdivision 23 of section 11.01 of this chapter,
    46  that arises from or relates to the authenticator's opinion  or  informa-
    47  tion  concerning  a  visual  art  multiple  or work of fine art, no such
    48  expenses shall be assessed or allowed against the authenticator.
    49    § 5. Subdivision 5 of section 15.15 of the arts and  cultural  affairs
    50  law,  as added by chapter 849 of the laws of 1984, is amended to read as
    51  follows:
    52    5. An action to enforce any liability  under  this  article,  but  not
    53  including  civil actions against authenticators, shall be brought within
    54  the period prescribed for such actions by article  two  of  the  uniform
    55  commercial code.

        A. 1018--A                          3
 
     1    §  6.  This  act  shall take effect on the sixtieth day after it shall
     2  have become a law and shall apply to all opinions as to the  authentici-
     3  ty, attribution or authorship of a work of fine art or visual art multi-
     4  ple  provided  to someone other than the authenticator after such effec-
     5  tive date.
Go to top