Senate Bill S6794

                            
                    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.