|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 06, 2014||referred to tourism, parks, arts and sports development|
assembly Bill A9016
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A9016 (ACTIVE) - Details
A9016 (ACTIVE) - Summary
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.
A9016 (ACTIVE) - Bill Text download pdf
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: Section 1. The arts and cultural affairs law is amended by adding a new section 13.04 to read as follows: S 13.04. OPINIONS AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF WORKS OF FINE ART. 1. IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICA- TOR THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFOR- MATION CONCERNING A WORK OF FINE ART, THE CLAIMANT SHALL: (A) SPECIFY WITH PARTICULARITY IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT EACH ELEMENT OF THE CLAIM OR CLAIMS ASSERTED; AND (B) PROVE THE ELEMENTS OF SUCH CLAIM OR CLAIMS BY CLEAR AND CONVINCING EVIDENCE. 2. IN ANY ACTION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHENTICATOR SHALL BE ENTITLED TO RECOVER HIS, HER OR ITS REASONABLE ATTORNEYS' FEES, COSTS AND EXPENSES IF AND TO THE EXTENT THAT THE AUTHENTICATOR PREVAILS IN SUCH ACTION. 3. "AUTHENTICATOR" AS USED IN THIS SECTION SHALL MEAN, SUBJECT TO THE LIMITATIONS IN THE FINAL SENTENCE OF THIS PARAGRAPH, A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING EXPERTISE REGARDING THE ARTIST OR WORK OF FINE ART WITH RESPECT TO WHOM SUCH PERSON OR ENTI- TY RENDERS AN OPINION IN GOOD FAITH AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART, OR A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVER- ING FACTS THAT SERVE AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF ART IS 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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.