Transactions involving Artists and Works New York

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 11. DEFINITIONS
Current through 2013 New York Laws, Chapter 552
§ 11.01. Definitions

As used in this title:

1.     "Artist" means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made.
2.     "Art merchant" means a person who is in the business of dealing, exclusively or non-exclusively, in works of fine art or multiples, or a person who by his occupation holds himself out as having knowledge or skill peculiar to such works, or to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill. The term "art merchant" includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers.
3.     "Author" or "authorship" refers to the creator of a work of fine art or multiple or to the period, culture, source or origin, as the case may be, with which the creation of such work is identified in the description of the work.
4.     "Creditors" means "creditor" as defined in subdivision twelve of section 1-201 of the uniform commerical code.
5.     "Counterfeit" means a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such manner that it appears or is claimed to have an authorship which it does not in fact possess.
6.     "Certificate of authenticity" means a written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person.
7.     "Conservation" means acts taken to correct deterioration and alteration and acts taken to prevent, stop or retard deterioration.
8.     "Craft" means a functional or non-functional work individually designed, and crafted by hand, in any medium including but not limited to textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided, however, that if produced in multiples, craft shall not include works mass produced or produced in other than a limited edition.
9.     "Fine art" means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples.
10.     "Limited edition" means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples.
11.     "Master" when used alone is used in lieu of and means the same as such things as printing plate, stone, block, screen, photographic negative or other like material which contains an image used to produce visual art objects in multiples, or in the case of sculptures, a mold, model, cast, form or other prototype, other than from glass, which additional multiples of sculpture are produced, fabricated or carved.
12.     "On consignment" means that no title to, estate in, or right to possession of, the work of fine art or multiple that is superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer or convey all the right, title and interest of the consignor, in and to such work, to a third person.
13.     "Person" means an individual, partnership, corporation, association or other group, however organized.
14.     "Print" in addition to meaning a multiple produced by, but not limited to, such processes as engraving, etching, woodcutting, lithography and serigraphy, also means multiples produced or developed from photographic negatives, or any combination thereof.
15.     "Proofs" means multiples which are the same as, and which are produced from the same masters as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate.
16.     "Reproduction" means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist.
17.     "Reproduction right" means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art.
18.     "Sculpture" means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars.
19.     "Signed" means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned.
20.     "Successor in interest" shall mean a "personal representative", "testamentary beneficiary", trustee or beneficiary of a "lifetime trust" or an "heir" (including heirs who acquire the work of fine art, craft or print from the artist or craftsperson or from another heir or beneficiary of the artist or craftsperson), which terms shall have the same meanings as set forth in the estates, powers and trusts law.
21.     "Visual art multiples" or "multiples" means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. Pages or sheets taken from books and magazines and offered for sale or sold as visual art objects shall be included, but books and magazines are excluded.
22.     "Written instrument" means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant.
Cite as Arts and Cultural Affairs§ 11.01

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 12. ARTIST-ART MERCHANT RELATIONSHIPS
Current through 2013 New York Laws, Chapter 552
§ 12.01. Artist-art merchant relationships

1.     Notwithstanding any custom, practice or usage of the trade, any provision of the uniform commercial code or any other law, statute, requirement or rule, or any agreement, note, memorandum or writing to the contrary:
(a)     Whenever an artist or craftsperson, or a successor in interest of such artist or craftsperson, delivers or causes to be delivered a work of fine art, craft or a print of such artist's or craftsperson's own creation to an art merchant for the purpose of exhibition and/or sale on a commission, fee or other basis of compensation, the delivery to and acceptance thereof by the art merchant establishes a consignor/consignee relationship as between such artist or craftsperson, or the successor in interest of such artist or craftsperson, and such art merchant with respect to the said work, and:
(i)     such consignee shall thereafter be deemed to be the agent of such consignor with respect to the said work;
(ii)     such work is trust property in the hands of the consignee for the benefit of the consignor;
(iii)     any proceeds from the sale of such work are trust funds in the hands of the consignee for the benefit of the consignor;
(iv)     such work shall remain trust property notwithstanding its purchase by the consignee for his own account until the price is paid in full to the consignor; provided that, if such work is resold to a bona fide third party before the consignor has been paid in full, the resale proceeds are trust funds in the hands of the consignee for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full; and
(v)     such trust property and trust funds shall be considered property held in statutory trust, and no such trust property or trust funds shall become the property of the consignee or be subject or subordinate to any claims, liens or security interest of any kind or nature whatsoever of the consignee's creditors.
(b)     Waiver of any provision of this section is absolutely void except that a consignor may lawfully waive the provisions of clause (iii) of paragraph (a) of this subdivision, if such waiver is clear, conspicuous, in writing, in words which clearly and specifically apprise the consignor that the consignor is waiving rights under this section with respect to proceeds from the sale of the consignor's work, and subscribed by the consignor, provided:
(i)     no such waiver shall be valid with respect to the first two thousand five hundred dollars of gross proceeds of sales received in any twelve-month period commencing with the date of the execution of such waiver;
(ii)     no such waiver shall be valid with respect to the proceeds of a work initially received on consignment but subsequently purchased by the consignee directly or indirectly for his own account; and
(iii)     no such waiver shall inure to the benefit of the consignee's creditors in any manner which might be inconsistent with the consignor's rights under this subdivision.
(c)     Proceeds from the sale of consigned works covered by this section shall be deemed to be revenue from the sale of tangible goods and not revenue from the provision of services to the consignor or others, except that the provisions of this paragraph shall not apply to proceeds from the sale of consigned works sold at public auction.
2.     If a consignee fails to treat the trust property or trust funds identified in paragraph (a) of subdivision one of this section in accordance with the requirements of fiduciaries in section 11-1.6 of the estates, powers and trusts law, such failure shall constitute a violation of this article and of section 11-1.6 of the estates, powers and trusts law and shall be subject to the penalties provided therein.
3.     Any person who has been injured by reason of a violation of this article may bring an action in his or her own name to enjoin such unlawful act, to recover his or her actual damages, or both. The court may award reasonable attorneys' fees, costs and expenses to a prevailing plaintiff in any such action.
4.     Nothing in this section shall be construed to have any effect upon any written or oral contract or arrangement in existence prior to September first, nineteen hundred sixty-nine or to any extensions or renewals thereof except by the mutual written consent of the parties thereto.
Cite as Arts and Cultural Affairs§ 12.01

§ 12.03. Exemption from seizure

No process of attachment, execution, sequestration, replevin, distress or any kind of seizure shall be served or levied upon any work of fine art while the same is enroute to or from, or while on exhibition or deposited by a nonresident exhibitor at any exhibition held under the auspices or supervision of any museum, college, university or other nonprofit art gallery, institution or organization within any city or county of this state for any cultural, educational, charitable or other purpose not conducted for profit to the exhibitor, nor shall such work of fine art be subject to attachment, seizure, levy or sale, for any cause whatever in the hands of the authorities of such exhibition or otherwise.

Cite as Arts and Cultural Affairs§ 12.03

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 13. EXPRESS WARRANTIES
Current through 2013 New York Laws, Chapter 552
§ 13.01. Express warranties

Notwithstanding any provision of any other law to the contrary:

1.     Whenever an art merchant, in selling or exchanging a work of fine art, furnishes to a buyer of such work who is not an art merchant a certificate of authenticity or any similar written instrument it:
(a)     Shall be presumed to be part of the basis of the bargain; and
(b)     Shall create an express warranty for the material facts stated as of the date of such sale or exchange.
2.     Except as provided in subdivision four of this section, such warranty shall not be negated or limited provided that in construing the degree of warranty, due regard shall be given the terminology used and the meaning accorded such terminology by the customs and usage of the trade at the time and in the locality where the sale or exchange took place.
3.     Language used in a certificate of authenticity or similar written instrument, stating that:
(a)     The work is by a named author or has a named authorship, without any limiting words, means unequivocally, that the work is by such named author or has such named authorship;
(b)     The work is "attributed to a named author" means a work of the period of the author, attributed to him, but not with certainty by him; or
(c)     The work is of the "school of a named author" means a work of the period of the author, by a pupil or close follower of the author, but not by the author.
4.    
(a)     An express warranty and disclaimers intended to negate or limit such warranty shall be construed wherever reasonable as consistent with each other but subject to the provisions of section 2-202 of the uniform commercial code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that such construction is unreasonable.
(b)     Such negation or limitation shall be deemed unreasonable if:
(i)     the disclaimer is not conspicuous, written and apart from the warranty, in words which clearly and specifically apprise the buyer that the seller assumes no risk, liability or responsibility for the material facts stated concerning such work of fine art. Words of general disclaimer are not sufficient to negate or limit an express warranty; or
(ii)     the work of fine art is proved to be a counterfeit and this was not clearly indicated in the description of the work; or
(iii)     the information provided is proved to be, as of the date of sale or exchange, false, mistaken or erroneous.
Cite as Arts and Cultural Affairs§ 13.01

§ 13.03. Falsifying certificates of authenticity or any similar written instrument

A person who, with intent to defraud, deceive or injure another, makes, utters or issues a certificate of authenticity or any similar written instrument for a work of fine art attesting to material facts which the work does not in fact possess is guilty of a class A misdemeanor.

Cite as Arts and Cultural Affairs§ 13.03

§ 13.05. Express warranties for multiples

1.     When an art merchant furnishes the name of the artist of a multiple, or otherwise furnishes information required by this title for any time period as to transactions including offers, sales or consignments, the provisions of section 13.01 of this article shall apply except that said section shall be deemed to include sales to art merchants. The existence of a reasonable basis in fact for information warranted shall not be a defense in an action to enforce such warranty, except in the case of photographs produced prior to nineteen hundred fifty, and multiples produced prior to nineteen hundred.
2.     The provisions of subdivision four of section 13.01 of this article shall apply when an art merchant disclaims knowledge as to a multiple about which information is required by this title, provided that in addition, such disclaimer shall be ineffective unless clearly, specifically and categorically stated as to each item of information and contained in the physical context of other language setting forth the required information as to a specific multiple.
Cite as Arts and Cultural Affairs§ 13.05

§ 13.07. Construction

1.     The rights and liabilities created by this article shall be construed to be in addition to and not in substitution, exclusion or displacement of other rights and liabilities provided by law, including the law of principal and agent, except where such construction would, as a matter of law, be unreasonable.
2.     No art merchant who, as buyer, is excluded from obtaining the benefits of an express warranty under this article shall thereby be deprived of the benefits of any other provision of law.
Cite as Arts and Cultural Affairs§ 13.07

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 14. WORKS OF FINE ART; SCULPTURE AND MULTIPLES GENERALLY
Current through 2013 New York Laws, Chapter 552
§ 14.01. Right to reproduce works of fine art

1.     Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or his heirs or personal representatives, the reproduction right thereto is reserved to the grantor until it passes into the public domain by act or operation of law unless such right is sooner expressly transferred by an instrument, note or memorandum in writing signed by the owner of the rights conveyed or his duly authorized agent.
2.     Whenever an exclusive or non-exclusive conveyance of any reproduction right is made by the holder of such right, or his duly authorized agent, ownership of the physical work of fine art shall be presumed to remain with and be reserved to the grantor unless expressly transferred in writing by an instrument, note or memorandum or by other written means, signed by the grantor or his duly authorized agent.
3.     This article shall not apply to the sale, conveyance, donation or other transfer of the physical work of fine art which does not include a conveyance of a reproduction right in such work.
4.     Nothing herein contained, however, shall be construed to prohibit the fair use of such work of fine art.
5.     Nothing in this section shall operate or be construed to conflict with any rights or liabilities under federal copyright law.
Cite as Arts and Cultural Affairs§ 14.01

§ 14.03. Artists authorship rights

1.     Except as limited by subdivision three of this section, on and after January first, nineteen hundred eighty-five, no person other than the artist or a person acting with the artist's consent shall knowingly display in a place accessible to the public or publish a work of fine art or limited edition multiple of not more than three hundred copies by that artist or a reproduction thereof in an altered, defaced, mutilated or modified form if the work is displayed, published or reproduced as being the work of the artist, or under circumstances under which it would reasonably be regarded as being the work of the artist, and damage to the artist's reputation is reasonably likely to result therefrom, except that this section shall not apply to sequential imagery such as that in motion pictures.
2.    
(a)     Except as limited by subdivision three of this section, the artist shall retain at all times the right to claim authorship, or, for just and valid reason, to disclaim authorship of such work. The right to claim authorship shall include the right of the artist to have his or her name appear on or in connection with such work as the artist. The right to disclaim authorship shall include the right of the artist to prevent his or her name from appearing on or in connection with such work as the artist. Just and valid reason for disclaiming authorship shall include that the work has been altered, defaced, mutilated or modified other than by the artist, without the artist's consent, and damage to the artist's reputation is reasonably likely to result or has resulted therefrom.
(b)     The rights created by this subdivision shall exist in addition to any other rights and duties which may now or in the future be applicable.
3.    
(a)     Alteration, defacement, mutilation or modification of such work resulting from the passage of time or the inherent nature of the materials will not by itself create a violation of subdivision one of this section or a right to disclaim authorship under subdivision two of this section; provided such alteration, defacement, mutilation or modification was not the result of gross negligence in maintaining or protecting the work of fine art.
(b)     In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself create a violation of subdivision one of this section or a right to disclaim authorship under subdivision two of this section.
(c)     Conservation shall not constitute an alteration, defacement, mutilation or modification within the meaning of this section, unless the conservation work can be shown to be negligent.
(d)     This section shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
(e)     The provisions of this section shall apply only to works of fine art or limited edition multiples of not more than three hundred copies knowingly displayed in a place accessible to the public, published or reproduced in this state.
4.    
(a)     An artist aggrieved under subdivision one or subdivision two of this section shall have a cause of action for legal and injunctive relief.
(b)     No action may be maintained to enforce any liability under this section unless brought within three years of the act complained of or one year after the constructive discovery of such act, whichever is longer.
Cite as Arts and Cultural Affairs§ 14.03

§ 14.05. Sculpture; identifying mark

1.     Every sculpture produced, fabricated or carved in or from this state after January first, nineteen hundred ninety-one shall contain thereon, in a clear and legible fashion and in an easily accessible location, a distinctive mark which identifies the foundry or other production facility at which such sculpture was made, and the year that such sculpture was made. This section shall also apply to unique works of sculpture produced, fabricated or carved in this state.
2.     It shall be unlawful for a foundry or other production facility (a) to fail or refuse to affix an identifying mark and the year or (b) to affix a false identifying mark or incorrect year to any sculpture produced by it. Notwithstanding any other provision of law, violation of this subdivision shall be punishable by a civil penalty not to exceed five thousand dollars for each unlabeled or mislabeled sculpture.
3.     It shall be unlawful for any person to deface, mark over or tamper with the identifying mark and date required by this section to be included on a sculpture. Notwithstanding any other provision of law, violation of this subdivision shall be punishable by a civil penalty not to exceed five thousand dollars for each instance of defacing, marking over or tampering with such identifying mark or date. Any violation of this subdivision shall be punishable in accordance with the penal law.
Cite as Arts and Cultural Affairs§ 14.05

§ 14.06. Sculpture; written records

1.     Any foundry or person in this state producing one or more sculptures for any person subsequent to the effective date of this article shall prepare, and maintain for a period of not less than twenty-five years from the date of such production, records that shall contain all of the information required to be provided pursuant to subdivisions one and two of section 15.10 of this chapter. Such records shall be open for inspection by the attorney general during ordinary business hours upon notice of no less than three business days.
2.     A duplicate of the written instrument provided to a purchaser by an art merchant or art merchant's agent supplying information pursuant to article fifteen of this chapter shall be retained by such art merchant and the art merchant's agent for a period of not less than ten years from the date of sale of the work, and shall be similarly considered a certificate of authenticity subject to the provisions of section 13.03 of this chapter.
Cite as Arts and Cultural Affairs§ 14.06

§ 14.07. Sculpture; unauthorized cast

1.     For purposes of this section an "unauthorized sculpture cast" shall mean any sculpture created by an artist which is produced, fabricated, or carved either before or following the death of such artist without the written permission of the artist or the estate, heirs, or other legal representative of the artist.
2.     It shall be unlawful to produce, offer for sale, sell or consign an unauthorized sculpture cast, provided, however, that this prohibition shall not apply where the phrase "THIS IS A REPRODUCTION" is imprinted and appears in a clear and legible fashion on each such sculpture in the same location and with the same size lettering as the date and identifying mark as required by section 14.05 of this article.
Cite as Arts and Cultural Affairs§ 14.07

§ 14.08. Violations

Any violation of the provisions of section 14.05 14.06 or 14.07 of this article may be enforced by the attorney general in accordance with the provisions of section 15.17 of this chapter.

Cite as Arts and Cultural Affairs§ 14.08

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 15. SALE OF VISUAL ART OBJECTS AND SCULPTURES PRODUCED IN MULTIPLES
Current through 2013 New York Laws, Chapter 552
§ 15.01. Full disclosure in the sale of certain visual art objects produced in multiples

1.     An art merchant shall not sell or consign a multiple in, into or from this state unless a written instrument is furnished to the purchaser or consignee, at his request, or in any event prior to a sale or consignment, which sets forth as to each multiple the descriptive information required by this article for the appropriate time period. If a prospective purchaser so requests, the information shall be transmitted to him prior to the payment or placing of an order for a multiple. If payment is made by a purchaser prior to delivery of such an art multiple, this information shall be supplied at the time of or prior to delivery. With respect to auctions, this information may be furnished in catalogues or other written materials which are readily available for consultation and purchase prior to sale, provided that a bill of sale, receipt or invoice describing the transaction is then provided which makes reference to the catalogue and lot number in which such information is supplied. Information supplied pursuant to this subdivision shall be clearly, specifically and distinctly addressed to each item as required by this article for any time period unless the required data is not applicable. This section is applicable to transactions by and between merchants, non-merchants, and others considered art merchants for the purposes of this article.
2.     An art merchant shall not cause a catalogue, prospectus, flyer or other written material or advertisement to be distributed in, into or from this state which solicits a direct sale, by inviting transmittal of payment for a specific multiple, unless it clearly sets forth, in close physical proximity to the place in such material where the multiple is described, the descriptive information required by this article for the appropriate time period. In lieu of this required information, such written material or advertising may set forth the material contained in the following quoted passage, or the passage itself, containing terms the nonobservance of which shall constitute a violation of this article, if the art merchant then supplies the required information prior to or with delivery of the multiple:
"Article fifteen of the New York arts and cultural affairs law provides for disclosure in writing of certain information concerning multiples of prints and photographs when sold for more than one hundred dollars ($100) each, exclusive of any frame, and of sculpture when sold for more than fifteen hundred dollars, prior to effecting a sale of them. This law requires disclosure of such matters as the identity of the artist, the artist's signature, the medium, whether the multiple is a reproduction, the time when the multiple was produced, use of the master which produced the multiple, and the number of multiples in a 'limited edition'. If a prospective purchaser so requests, the information shall be transmitted to him prior to payment or the placing of an order for a multiple. If payment is made by a purchaser prior to delivery of such an art multiple, this information will be supplied at the time of or prior to delivery, in which case the purchaser is entitled to a refund if, for reasons related to matter contained in such information, he returns the multiple substantially in the condition in which received, within thirty days of receiving it. In addition, if after payment and delivery, it is ascertained that the information provided is incorrect the purchaser may be entitled to certain remedies."

This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale.

3.     In each place of business in the state where an art merchant is regularly engaged in sales of multiples, the art merchant shall post in a conspicuous place, a sign which, in a legible format, contains the information included in the following passage:
"Article fifteen of the New York arts and cultural affairs law provides for the disclosure in writing of certain information concerning prints, photographs and sculpture. This information is available to you in accordance with that law."

Cite as Arts and Cultural Affairs§ 15.01

§ 15.03. Information required

The following information shall be supplied, as indicated, as to each multiple produced on or after January first, nineteen hundred eighty-two:

1.     Artist. State the name of the artist.
2.     Signature. If the artist's name appears on the multiple, state whether the multiple was signed by the artist. If not signed by the artist then state the source of the artist's name on the multiple, such as whether the artist placed his signature on the master, whether his name was stamped or estate stamped on the multiple, or was from some other source or in some other manner placed on the multiple.
3.     Medium or process.
(a)     Describe the medium or process, and where pertinent to photographic processes the material, used in producing the multiple, such as whether the multiple was produced through etching, engraving, lithographic, serigraphic or a particular method and/or material used in the photographic developing processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made.
(b)     If the purported artist was deceased at the time the master was made which produced the multiple, this shall be stated.
(c)     If the multiple or the image on or in the master constitutes a mechanical, photomechanical, hand-made or photographic type of reproduction, or is a reproduction, of an image produced in a different medium, for a purpose other than the creation of the multiple being described, this information and the respective mediums shall be stated.
(d)     If paragraph (c) of this subdivision is applicable, and the multiple is not signed, state whether the artist authorized or approved in writing the multiple or the edition of which the multiple being described is one.
4.     Use of master.
(a)     If the multiple is a "posthumous" multiple, that is, if the master was created during the life of the artist but the multiple was produced after the artist's death, this shall be stated.
(b)     If the multiple was made from a master which produced a prior limited edition, or from a master which constitutes or was made from a reproduction of a prior multiple or of a master which produced prior multiples, this shall be stated.
5.     Time produced. As to multiples produced after nineteen hundred forty-nine, state the year or approximate year the multiple was produced. As to multiples produced prior to nineteen hundred fifty, state the year, approximate year or period when the master was made which produced the multiple and/or when the particular multiple being described was produced. The requirements of this subdivision shall be satisfied when the year stated is approximately accurate.
6.     Size of the edition.
(a)     If the multiple being described is offered as one of a limited edition, this shall be so stated, as well as the number of multiples in the edition, and whether and how the multiple is numbered.
(b)     Unless otherwise disclosed, the number of multiples stated pursuant to paragraph (a) of this subdivision shall constitute an express warranty, as defined in section 13.01 of this title, that no additional numbered multiples of the same image, exclusive of proofs, have been produced.
(c)     The number of multiples stated pursuant to paragraph (a) of this subdivision shall also constitute an express warranty, as defined in section 13.01 of this title, that no additional multiples of the same image, whether designated "proofs" other than trial proofs, numbered or otherwise, have been produced in an amount which exceeds the number in the limited edition by twenty or twenty percent, whichever is greater.
(d)     If the number of multiples exceeds the number in the stated limited edition as provided in paragraph (c) of this subdivision, then state the number of proofs other than trial proofs, or other numbered or unnumbered multiples, in the same or other prior editions, produced from the same master as described in paragraph (b) of subdivision four of this section, and whether and how they are signed and numbered.
Cite as Arts and Cultural Affairs§ 15.03

§ 15.05. Information required; nineteen hundred fifty to January first, nineteen hundred eighty-two

The information which shall be supplied as to each multiple produced during the period from nineteen hundred fifty to January first, nineteen hundred eighty-two, shall consist of the information required by section 15.03 of this article except for paragraph (d) of subdivision three, paragraph (b) of subdivision four and paragraphs (c) and (d) of subdivision six of such section.

Cite as Arts and Cultural Affairs§ 15.05

§ 15.07. Information required; nineteen hundred to nineteen hundred forty-nine

The information which shall be supplied as to each multiple produced during the period from nineteen hundred through nineteen hundred forty-nine shall consist of the information required by section 15.03 of this article except for paragraphs (b), (c) and (d) of subdivision three and subdivisions four and six of such section.

Cite as Arts and Cultural Affairs§ 15.07

§ 15.09. Information required; pre-nineteen hundred

The information which shall be supplied as to each multiple produced prior to nineteen hundred shall consist of the information required by section 15.03 of this article except for subdivision two, paragraphs (b), (c) and (d) of subdivision three and subdivisions four and six of such section 15.03.

Cite as Arts and Cultural Affairs§ 15.09

§ 15.10. Information required for sculptures

1.     The following information shall be supplied as indicated in a written instrument as to each multiple produced, fabricated or carved, on or after January first, nineteen hundred ninety-one:
(a)     Artist. State the name of the artist.
(b)     Title. State the title of the sculpture.
(c)     Foundry. State the name, if known, of the foundry which or person who produced, fabricated or carved the sculpture.
(d)     Medium. Describe the medium or process used in producing the multiple. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made.
(e)     Dimensions. State the dimensions of the sculpture.
(f)     Time produced. State the year the sculpture was cast, fabricated or carved.
(g)     Number cast. State the number of sculpture casts, according to the best information available, produced or fabricated or carved as of the date of the sale.
(h)     If the purported artist was deceased at the time the sculpture was produced, this shall be stated.
(i)     Use of master. State whether the sculpture is authorized by the artist or, if produced after the artist's death, whether it was authorized in writing by the artist or by the estate, heirs or other legal representatives of the artist. In the event of a sale after the initial sale, the art merchant may disclose in writing evidence of such reasonable inquiries as have been made pursuant to subdivision two of section 15.15 of this article and any information imparted as may be relevant in fulfilling the intent of this paragraph.
2.     For limited edition sculpture produced on or after January first, nineteen hundred ninety-one, in addition to the information required to be provided pursuant to subdivision one of this section, the following items of information shall also be provided to the purchaser in a written instrument:
(a)     whether and how the sculpture and the edition is numbered;
(b)     the size of the edition or proposed edition and the size of any prior edition or editions of the same sculpture, regardless of the color or material used;
(c)     whether additional sculpture casts have been produced in excess of the stated size of the edition or proposed edition and, if so, the total number of such excess casts produced or proposed to be produced and whether and how they are or will be numbered according to the stated intention of the artist or a statement that the artist has not disclosed his intention about the number of additional casts or their numbering. Additional sculpture casts shall include all casts from the same master regardless of their color, material or size; and
(d)     whether the artist has stated in writing a limitation on the number of additional sculpture casts to be produced in excess of the stated size of the edition or proposed edition and, if so, the total number of such excess casts produced or proposed to be produced and whether and how they are or will be numbered according to the stated intention of the artist or the estate, heirs or other legal representatives of the artist or a statement that the artist has not disclosed his intention about the number of additional casts or their numbering. Additional sculpture casts shall include all casts from the same master regardless of their color, material or size.
3.     For copies of sculpture not made from the master and produced after January first, nineteen hundred ninety-one, in addition to the information required to be provided pursuant to subdivisions one and two of this section, the following items of information shall also be provided to the purchaser in a written instrument:
(a)     the means by which the copy was made;
(b)     whether the copy was authorized by the artist or the estate, heirs or other legal representatives of the artist; and
(c)     whether the copy is of the same material and size as the master.
Cite as Arts and Cultural Affairs§ 15.10

§ 15.11. Express warranties

Information provided pursuant to the provisions of this article shall create an express warranty pursuant to section 13.05 of this title. When such information is not supplied because not applicable, this shall constitute an express warranty that such required information is not applicable.

Cite as Arts and Cultural Affairs§ 15.11

§ 15.13. Construction

1.     The rights, liabilities and remedies created by this article shall be construed to be in addition to and not in substitution, exclusion or displacement of other rights, liabilities and remedies provided by law, except where such construction would, as a matter of law, be unreasonable.
2.     Whenever an artist sells or consigns a multiple of his own creation, the artist shall incur the obligations prescribed by this article for an art merchant, but an artist shall not otherwise be regarded as an art merchant.
3.     An artist or merchant who consigns a multiple to a merchant for the purpose of effecting a sale of the multiple shall have no liability to a purchaser under this article if such consignor, as to the consignee, has complied with the provisions of this article.
4.     When a merchant has agreed to sell a multiple on behalf of a consignor, who is not an art merchant, or when an artist has not consigned a multiple to a merchant, but the merchant has agreed to act as the agent for an artist for the purpose of supplying the information required by this article, such merchant shall incur liabilities of other merchants prescribed by this article as to a purchaser.
5.     When an art merchant or merchant is liable to a purchaser pursuant to the provisions of this article, as a result of providing information in the situations referred to above in this section, as well as when such a merchant purchased such a multiple from another merchant, if the merchant or art merchant can establish that his liability results from incorrect information which was provided by the consignor, artist or merchant to him in writing, the merchant who is liable in good faith relied on such information, the consignor, artist or merchant shall similarly incur such liabilities as to the purchaser and such merchant.
Cite as Arts and Cultural Affairs§ 15.13

§ 15.15. Remedies and enforcement

1.     An art merchant, including a merchant consignee, who offers or sells a multiple in, into or from this state without providing the information required by this article for the appropriate time period, or who provides required information which is mistaken, erroneous or untrue, except for harmless errors such as typographical errors, shall be liable to the purchaser to whom the multiple was sold. The merchant's liability shall consist of the consideration paid by the purchaser with interest from the time of payment at the rate prescribed by section five thousand four of the civil practice law and rules or any successor provisions thereto, upon the return of the multiple in substantially the same condition in which received by the purchaser. This remedy shall not bar or be deemed inconsistent with a claim for damages or with the exercise of additional remedies otherwise available to the purchaser.
2.     In any proceeding in which an art merchant relies upon a disclaimer of knowledge as to any relevant information required by this article for the appropriate time period, such disclaimer shall be effective only if it complies with the provisions of section 13.05 of this title, unless the claimant is able to establish that the merchant failed to make reasonable inquiries, according to the custom and usage of the trade, to ascertain the relevant information or that such relevant information would have been ascertained as a result of such reasonable inquiries.
3.    
(a)     The purchaser of such a multiple may recover from the art merchant an amount equal to three times the amount recoverable under subdivision one of this section if an art merchant offers, consigns or sells a multiple and:
(i)     willfully fails to provide the information required by this article for the appropriate time period;
(ii)     knowingly provides false information; or
(iii)     the purchaser can establish that the merchant willfully and falsely disclaimed knowledge as to any required information.
(b)     Pursuant to subparagraphs (i) and (iii) of paragraph (a) of this subdivision, a merchant may introduce evidence of the relevant usage and custom of the trade in any proceeding in which such treble damages are sought. This subdivision shall not be deemed to negate the applicability of article thirteen of this chapter as to authenticity and article thirteen is applicable, as to authenticity, to the multiples covered by the provisions of this article.
4.     In any action to enforce any provision of this article, the court may allow the prevailing purchaser the costs of the action together with reasonable attorneys' and expert witnesses' fees. In the event, however, the court determines that an action to enforce was brought in bad faith it may allow such expenses to the art merchant as it deems appropriate.
5.     An action to enforce any liability under this article shall be brought within the period prescribed for such actions by article two of the uniform commercial code.
Cite as Arts and Cultural Affairs§ 15.15

§ 15.17. Enjoining violations

Any violation of this article or of section 14.05 14.06 or 14.07 of this chapter shall be deemed to be unlawful for the purposes of invoking sections three hundred forty-nine and three hundred fifty of article twenty-two-A of the general business law, and any person who engages in repeated violations of this article shall be deemed to have demonstrated the persistent fraud or illegality necessary to invoke subdivision twelve of section sixty-three of the executive law. The attorney general may bring an action pursuant to article twenty-two-A of the general business law or a proceeding pursuant to subdivision twelve of section sixty-three of the executive law to enjoin violations of this article and seek restitution for any person entitled thereto. In any such action or proceeding, the attorney general may recover, in addition to any other relief provided in those statutes, a civil penalty of not more than five hundred dollars to be forfeited to the state, provided, however, that with respect to actions brought pursuant to this section to which article twenty-two-A of the general business law applies, the foregoing civil penalty shall be in lieu of any penalty set forth therein. In connection with any such proposed action or proceeding, the attorney general is authorized to take proof and make a determination of the relevant facts, and to issue subpoenas in accordance with the civil practice law and rules.

Cite as Arts and Cultural Affairs§ 15.17

§ 15.19. Application of the article

This article shall apply to the visual art objects governed by this article which are sold, offered for sale, consigned or possessed with intent to sell in, into or from this state. With respect to such multiples compliance with this article shall commence six months after January first, nineteen hundred eighty-five.

Cite as Arts and Cultural Affairs§ 15.19

New York Statutes
Arts and Cultural Affairs
Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
Article 16. SEVERABILITY
Current through 2013 New York Laws, Chapter 552
§ 16.01. Severability

Effect of unconstitutionality in part. If any clause, sentence, paragraph, subdivision, section or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Cite as Arts and Cultural Affairs§ 16.01