assembly Bill A5120

2017-2018 Legislative Session

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

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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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to tourism, parks, arts and sports development
Feb 06, 2017 reference changed to tourism, parks, arts and sports development
referred to transportation

Co-Sponsors

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A5120 (ACTIVE) - Details

See Senate Version of this Bill:
S1974
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
2015-2016: A1018, S1229
2019-2020: A107

A5120 (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.

A5120 (ACTIVE) - Bill Text download pdf


                    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.

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