The New York State Senate

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

                                  5120

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, OTIS, THIELE, SEAWRIGHT, BARRETT,
  TITONE -- read once and referred to the Committee on Transportation

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
VISUAL  ART  MULTIPLE OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION
IS BASED IN WHOLE OR IN PART.

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

                                                           LBD00284-01-7

A. 5120                             2

  § 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:
  § 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 TWENTY-
THREE OF SECTION 11.01 OF THIS CHAPTER, SECTION 15.12 OF  THIS  ARTICLE,
AND SUBDIVISION FOUR OF SECTION 15.15 OF THIS ARTICLE.
  §  3.  The  arts  and  cultural affairs law is amended by adding a new
section 15.12 to read as follows:
  § 15.12. AUTHENTICATION OF WORKS OF FINE ART AND VISUAL ART MULTIPLES.
IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, THE  CLAIMANT  SHALL  SPECIFY  WITH
PARTICULARITY  IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT EACH ELEMENT
OF THE CLAIM OR CLAIMS ASSERTED.
  § 4. Subdivisions 4 and 5 of section 15.15 of the  arts  and  cultural
affairs law, as added by chapter 849 of the laws of 1984, are 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 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  THAT  ARISES
FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING
A  VISUAL  ART  MULTIPLE  OR  WORK  OF FINE ART, THE COURT MAY ALLOW THE
PREVAILING AUTHENTICATOR THE COSTS OF THE ACTION TOGETHER  WITH  REASON-
ABLE  ATTORNEYS'  AND EXPERT WITNESSES' FEES, PROVIDED, HOWEVER, THAT NO
SUCH COSTS OR FEES SHALL BE GRANTED 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 THAT ARISES FROM OR RELATES  TO  THE  AUTHENTICATOR'S  OPINION  OR
INFORMATION  CONCERNING  A  VISUAL  ART MULTIPLE OR WORK OF FINE ART, NO
SUCH EXPENSES SHALL BE ASSESSED OR ALLOWED AGAINST THE AUTHENTICATOR.
  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.
  §  5.  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.