assembly Bill A1018A

2015-2016 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to tourism, parks, arts and sports development
May 28, 2015 print number 1018a
May 28, 2015 amend and recommit to tourism, parks, arts and sports development
Jan 08, 2015 referred to tourism, parks, arts and sports development

Co-Sponsors

A1018 - Details

See Senate Version of this Bill:
S1229
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9016, S6794
2017-2018: A5120, S1974
2019-2020: A107

A1018 - 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.

A1018 - Bill Text download pdf

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

                                  1018

                       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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04295-01-5

Co-Sponsors

Multi-Sponsors

A1018A (ACTIVE) - Details

See Senate Version of this Bill:
S1229
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9016, S6794
2017-2018: A5120, S1974
2019-2020: A107

A1018A (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.

A1018A (ACTIVE) - Bill Text download pdf

                    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

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