senate Bill S6794

2013-2014 Legislative Session

Relates to the authenticity, attribution and authorship of fine works of art

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 06, 2014 advanced to third reading
May 05, 2014 2nd report cal.
Apr 30, 2014 1st report cal.481
Mar 11, 2014 referred to cultural affairs, tourism, parks and recreation

Votes

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Apr 30, 2014 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S6794
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Apr 30, 2014

Co-Sponsors

S6794 - Bill Details

See Assembly Version of this Bill:
A9016
Current Committee:
Senate Rules
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Add ยง13.04, Arts & Cul L

S6794 - Bill Texts

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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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BILL NUMBER:S6794

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: To enhance protections under the law for individuals who are
employed as art authenticator in the visual arts community.

SUMMARY OF PROVISIONS:

Section one adds a new section 13.04 to the arts and cultural affairs
law.

Section two 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 imitation 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 industry 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.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: 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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6794

                            I N  S E N A T E

                             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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13935-02-4

S. 6794                             2

EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL  NOT  INCLUDE  A  PERSON  OR
ENTITY  THAT  HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART FOR WHICH
SUCH OPINION IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH  WORK  OF
FINE ART FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED
FOR  SERVICES  SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN OPINION AS
TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE  ART
OR  TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION IS BASED IN WHOLE OR
IN PART.
  S 2. 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 authentici-
ty, attribution or authorship of a work of fine art provided to  someone
other than the authenticator after such effective date.

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