|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|
senate Bill S6794
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6794 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Arts and Cultural Affairs Law
- Laws Affected:
- Add §13.04, Arts & Cul L
S6794 - 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.
S6794 - Sponsor Memo
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
S6794 - Bill Text download pdf
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.
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