S06794 Summary:

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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S06794 Actions:

04/30/20141ST REPORT CAL.481
05/05/20142ND REPORT CAL.
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S06794 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     March 11, 2014
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation
        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    § 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6794                             2

     1  expressed or implied. "Authenticator" shall  not  include  a  person  or
     2  entity  that  has a financial interest in the work of fine art for which
     3  such opinion is rendered or in any transaction concerning such  work  of
     4  fine art for which the opinion is rendered, other than to be compensated
     5  for  services  such person or entity engaged in to provide an opinion as
     6  to the authenticity, attribution or authorship of such work of fine  art
     7  or  to provide information on which such an opinion is based in whole or
     8  in part.
     9    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    10  have  become a law and shall apply to all opinions as to the authentici-
    11  ty, attribution or authorship of a work of fine art provided to  someone

    12  other than the authenticator after such effective date.
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