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.
STATE OF NEW YORK
________________________________________________________________________
1229--A
Cal. No. 1038
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
___________
Introduced by Sens. LITTLE, LATIMER -- read twice and ordered printed,
and when printed to be committed to the Committee on Cultural Affairs,
Tourism, Parks and Recreation -- reported favorably from said commit-
tee, ordered to first report, amended on first report, ordered to a
second report and ordered reprinted, retaining its place in the order
of second report
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04295-03-5
S. 1229--A 2
1 services such person or entity engaged in to provide an opinion as to
2 the authenticity, attribution or authorship of such work of fine art or
3 visual art multiple or to provide information on which such an opinion
4 is based in whole or in part.
5 § 2. Section 15.11 of the arts and cultural affairs law, as added by
6 chapter 849 of the laws of 1984, is amended to read as follows:
7 § 15.11. Express warranties. Information provided pursuant to the
8 provisions of this article shall create an express warranty pursuant to
9 section 13.05 of this title. When such information is not supplied
10 because not applicable, this shall constitute an express warranty that
11 such required information is not applicable. This section shall not
12 apply to an authenticator's opinion or information concerning a visual
13 art multiple or work of fine art, as set forth in subdivision 23 of
14 section 11.01 of this chapter, section 15.12 of this article, and subdi-
15 vision 4 of section 15.15 of this article.
16 § 3. The arts and cultural affairs law is amended by adding a new
17 section 15.12 to read as follows:
18 § 15.12. Authentication of works of fine art and visual art multiples.
19 In any civil action brought against an authenticator, as defined in
20 subdivision 23 of section 11.01 of this chapter, that arises from or
21 relates to the authenicator's opinion or information concerning a visual
22 art multiple or work of fine art, the claimant shall specify with parti-
23 cularity in the complaint facts sufficient to support each element of
24 the claim or claims asserted.
25 § 4. Subdivision 4 of section 15.15 of the arts and cultural affairs
26 law, as added by chapter 849 of the laws of 1984, is amended to read as
27 follows:
28 4. (a) In any action to enforce any provision of this article, other
29 than a civil action brought against an authenticator, as defined in
30 subdivision 23 of section 11.01 of this chapter, that arises from or
31 relates to the authenticator's opinion or information concerning a visu-
32 al art multiple or work of fine art, the court may allow the prevailing
33 purchaser the costs of the action together with reasonable attorneys'
34 and expert witnesses' fees.
35 (b) In any civil action brought against an authenticator, as defined
36 in subdivision 23 of section 11.01 of this chapter, that arises from or
37 relates to the authenticator's opinion or information concerning a visu-
38 al art multiple or work of fine art, the court may allow the prevailing
39 authenticator the costs of the action together with reasonable attor-
40 neys' and expert witnesses' fees, provided, however, that no such costs
41 or fees shall be made pursuant to this section except upon a written
42 finding of good and just cause, which shall specify the grounds thereof.
43 (c) In the event, however, the court determines that an action to
44 enforce any provision of this article was brought in bad faith it may
45 allow such expenses to the art merchant as it deems appropriate;
46 provided, however, that in any civil action brought against an authenti-
47 cator, as defined in subdivision 23 of section 11.01 of this chapter,
48 that arises from or relates to the authenticator's opinion or informa-
49 tion concerning a visual art multiple or work of fine art, no such
50 expenses shall be assessed or allowed against the authenticator.
51 § 5. Subdivision 5 of section 15.15 of the arts and cultural affairs
52 law, as added by chapter 849 of the laws of 1984, is amended to read as
53 follows:
54 5. An action to enforce any liability under this article, but not
55 including civil actions against authenticators, shall be brought within
S. 1229--A 3
1 the period prescribed for such actions by article two of the uniform
2 commercial code.
3 § 6. This act shall take effect on the sixtieth day after it shall
4 have become a law and shall apply to all opinions as to the authentici-
5 ty, attribution or authorship of a work of fine art or visual art multi-
6 ple provided to someone other than the authenticator after such effec-
7 tive date.
