A09016 Summary:

BILL NO    A09016 

SAME AS    SAME AS S06794

SPONSOR    Rosenthal

COSPNSR    Otis

MLTSPNSR   

Add S13.04, 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.
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A09016 Actions:

BILL NO    A09016 

03/06/2014 referred to tourism, parks, arts and sports development
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A09016 Votes:

There are no votes for this bill in this legislative session.
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A09016 Memo:

BILL NUMBER:A9016

TITLE OF BILL:  An act to amend the arts and cultural affairs law, in
relation to opinions concerning authenticity, attribution and
authorship of works of fine art

PURPOSE OR GENERAL IDEA OF BILL:

To enhance protections under the law for individuals who are employed
as art authenticator in the visual arts community

SPECIFIC PROVISIONS:

Section one adds a new subdivision 2-a to section 13.01 of the arts
and cultural affairs law.

Section two adds a new section 13.04 to the arts and cultural affairs
law.

Section three sets forth the effective date.

JUSTIFICATION:

In general, artwork is authenticated by a trained person through
documentation, stylistic inquiry, and/or scientific verification. No
one method is perfect as oftentimes authenticity is difficult to
determine. While each authentication method has its own drawbacks, the
role of authenticators as drivers of the art market cannot be
overstated. Art authenticators reduce the risk of counterfeits and
imitations flooding the art market that could potentially devalue the
work of millions of artists.

In recent years, the work of authenticators has come under pressure
from meritless lawsuits against those who render opinions in good
faith. Such defense of expensive and frivolous lawsuits have left many
in the industry reluctant to lend their expertise in authenticating
art works.

This bill would clarify the role of art authenticators to ensure that
those who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law and shall apply to all opinions as to the authenticity,
attribution. or authorship of a work of fine art provided to someone
other than the authenticator after such effective date.

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A09016 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9016

                                 I N  A S S E M B L Y

                                     March 6, 2014
                                      ___________

       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Tourism, Parks, Arts and Sports Development

       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.   The arts and cultural affairs law is amended by adding a
    2  new section 13.04 to read as follows:
    3    S 13.04. OPINIONS AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF
    4  WORKS OF FINE ART. 1. IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICA-
    5  TOR THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFOR-
    6  MATION CONCERNING A WORK OF FINE ART, THE CLAIMANT SHALL:
    7    (A) SPECIFY WITH PARTICULARITY IN THE COMPLAINT  FACTS  SUFFICIENT  TO
    8  SUPPORT EACH ELEMENT OF THE CLAIM OR CLAIMS ASSERTED; AND
    9    (B) PROVE THE ELEMENTS OF SUCH CLAIM OR CLAIMS BY CLEAR AND CONVINCING
   10  EVIDENCE.
   11    2.  IN  ANY  ACTION  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE
   12  AUTHENTICATOR SHALL BE ENTITLED TO RECOVER HIS, HER  OR  ITS  REASONABLE
   13  ATTORNEYS'  FEES,  COSTS  AND  EXPENSES  IF  AND  TO THE EXTENT THAT THE
   14  AUTHENTICATOR PREVAILS IN SUCH ACTION.
   15    3. "AUTHENTICATOR" AS USED IN THIS SECTION SHALL MEAN, SUBJECT TO  THE
   16  LIMITATIONS  IN THE FINAL SENTENCE OF THIS PARAGRAPH, A PERSON OR ENTITY
   17  RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS  HAVING  EXPERTISE  REGARDING
   18  THE ARTIST OR WORK OF FINE ART WITH RESPECT TO WHOM SUCH PERSON OR ENTI-
   19  TY  RENDERS AN OPINION IN GOOD FAITH AS TO THE AUTHENTICITY, ATTRIBUTION
   20  OR AUTHORSHIP OF A WORK OF FINE ART, OR A PERSON OR ENTITY RECOGNIZED IN
   21  THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN  UNCOVER-
   22  ING  FACTS  THAT  SERVE  AS  A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN
   23  OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A  WORK  OF
   24  FINE  ART. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS
   25  OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN  OPINION  AS
   26  TO  THE  AUTHENTICITY,  ATTRIBUTION  OR  AUTHORSHIP  OF A WORK OF ART IS
   27  EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL  NOT  INCLUDE  A  PERSON  OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13935-02-4
       A. 9016                             2

    1  ENTITY  THAT  HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART FOR WHICH
    2  SUCH OPINION IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH  WORK  OF
    3  FINE ART FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED
    4  FOR  SERVICES  SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN OPINION AS
    5  TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE  ART
    6  OR  TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION IS BASED IN WHOLE OR
    7  IN PART.
    8    S 2. This act shall take effect on the sixtieth  day  after  it  shall
    9  have  become a law and shall apply to all opinions as to the authentici-
   10  ty, attribution or authorship of a work of fine art provided to  someone
   11  other than the authenticator after such effective date.
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