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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9016
SPONSOR: Rosenthal 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 indus-
try 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.
