S T A T E O F N E W Y O R K
________________________________________________________________________
1018--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. ROSENTHAL, OTIS -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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. Section 11.01 of the arts and cultural affairs law is
amended by adding a new subdivision 23 to read as follows:
23. "AUTHENTICATOR" AS USED IN SECTION 15.11, 15.12 AND 15.15 OF THIS
CHAPTER SHALL MEAN, SUBJECT TO THE LIMITATIONS IN THIS SUBDIVISION, A
PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING
EXPERTISE REGARDING THE ARTIST, WORK OF FINE ART, OR VISUAL ART MULTIPLE
WITH RESPECT TO WHOM SUCH PERSON OR ENTITY RENDERS AN OPINION AS TO THE
AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL
ART MULTIPLE, OR A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS OR
SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVERING FACTS THAT SERVE
AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN OPINION AS TO THE AUTHEN-
TICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL ART
MULTIPLE. "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 FINE ART OR
VISUAL ART MULTIPLE IS EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL NOT
INCLUDE A PERSON OR ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF
FINE ART OR VISUAL ART MULTIPLE FOR WHICH SUCH OPINION IS RENDERED OR IN
ANY TRANSACTION CONCERNING SUCH WORK OF FINE ART OR VISUAL ART MULTIPLE
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04295-02-5
A. 1018--A 2
VISUAL ART MULTIPLE OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION
IS BASED IN WHOLE OR IN PART.
S 2. Section 15.11 of the arts and cultural affairs law, as added by
chapter 849 of the laws of 1984, is amended to read as follows:
S 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. THIS SECTION SHALL NOT
APPLY TO AN AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, AS SET FORTH IN SUBDIVISION 23 OF
SECTION 11.01 OF THIS CHAPTER, SECTION 15.12 OF THIS ARTICLE, AND SUBDI-
VISION 4 OF SECTION 15.15 OF THIS ARTICLE.
S 3. The arts and cultural affairs law is amended by adding a new
section 15.12 to read as follows:
S 15.12. AUTHENTICATION OF WORKS OF FINE ART AND VISUAL ART MULTIPLES.
IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED IN
SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, THE CLAIMANT SHALL SPECIFY WITH PARTI-
CULARITY IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT EACH ELEMENT OF
THE CLAIM OR CLAIMS ASSERTED.
S 4. Subdivision 4 of section 15.15 of the arts and cultural affairs
law, as added by chapter 849 of the laws of 1984, is amended to read as
follows:
4. (A) In any action to enforce any provision of this article, OTHER
THAN A CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED IN
SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, the court may allow the prevailing
purchaser the costs of the action together with reasonable attorneys'
and expert witnesses' fees.
(B) IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED
IN SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, THE COURT MAY ALLOW THE PREVAILING
AUTHENTICATOR THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTOR-
NEYS' AND EXPERT WITNESSES' FEES, PROVIDED, HOWEVER, THAT NO SUCH COSTS
OR FEES SHALL BE MADE PURSUANT TO THIS SECTION EXCEPT UPON A WRITTEN
FINDING OF GOOD AND JUST CAUSE, WHICH SHALL SPECIFY THE GROUNDS THEREOF.
(C) In the event, however, the court determines that an action to
enforce ANY PROVISION OF THIS ARTICLE was brought in bad faith it may
allow such expenses to the art merchant as it deems appropriate;
PROVIDED, HOWEVER, THAT IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTI-
CATOR, AS DEFINED IN SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER,
THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMA-
TION CONCERNING A VISUAL ART MULTIPLE OR WORK OF FINE ART, NO SUCH
EXPENSES SHALL BE ASSESSED OR ALLOWED AGAINST THE AUTHENTICATOR.
S 5. Subdivision 5 of section 15.15 of the arts and cultural affairs
law, as added by chapter 849 of the laws of 1984, is amended to read as
follows:
5. An action to enforce any liability under this article, BUT NOT
INCLUDING CIVIL ACTIONS AGAINST AUTHENTICATORS, shall be brought within
the period prescribed for such actions by article two of the uniform
commercial code.
A. 1018--A 3
S 6. 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 or visual art multi-
ple provided to someone other than the authenticator after such effec-
tive date.