NY State Senate Bill S1974

Archive: Last Bill Status - In Senate Committee Rules Committee

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.903
Jan 03, 2018	referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly
Jun 07, 2017	referred to tourism, parks, arts and sports development delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.348
Jan 11, 2017	referred to cultural affairs, tourism, parks and recreation

Votes

view votes

May 1, 2018 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1974

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2017 - floor Vote

S1974

floor

Aye

Nay

Absent

Excused

Abstained

Mar 7, 2017 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1974

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S1974 (ACTIVE) - Details

See Assembly Version of this Bill:: A5120
Current Committee:: Senate Rules
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: S6794, A9016
2015-2016: S1229, A1018
2019-2020: S7536, A107
2021-2022: S1491, A604
2023-2024: S1607, A1760

S1974 (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.

S1974 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1974         Revised 2/2/17

 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 subdivision 23 to the arts and cultural affairs
law.

Section two amends Section 15.11 of the arts and cultural affairs law,
Chapter 849 of the laws of 1984.

Section three is amended by adding a new section 15.12 of the arts and
cultural affairs law.

Section four amends subdivisions 4 and 5 of section 15.15 of the arts
and cultural affairs law, Chapter 849 of the laws of 1984.

Section five 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
from meritless lawsuits against those who render opinions in good
faith. Such defense of expensive and frivolous lawsuits have left many
in the industry reluctant to lend their expertise in authenticating
art works.

This bill would clarify the role of art authenticators to ensure that
those who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.

 LEGISLATIVE HISTORY :

2015-16: 5.1229-A Passed Senate; A.1018-A Referred to Tourism, Parks,
Arts and Sports Development
2014: S 1356 Committed to Rules; A. 9016 Referred to Tourism, Parks,
Arts and Sports Development

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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 authenticity,
attribution or authorship of a work of fine art provided to someone
other than the authenticator after such effective date.

S1974 (ACTIVE) - Bill Text download pdf


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

                                  1974

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

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.  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.
                                                           LBD00284-01-7

S. 1974                             2

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S1974

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 1, 2018 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: May 1, 2018

Jun 7, 2017 - floor Vote

Floor Vote: Jun 7, 2017

Mar 7, 2017 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 7, 2017

S1974 (ACTIVE) - Details

S1974 (ACTIVE) - Summary

S1974 (ACTIVE) - Sponsor Memo

S1974 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1974

Share this bill

Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 1, 2018 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: May 1, 2018

Jun 7, 2017 - floor Vote

Floor Vote: Jun 7, 2017

Mar 7, 2017 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 7, 2017

S1974 (ACTIVE) - Details

S1974 (ACTIVE) - Summary

S1974 (ACTIVE) - Sponsor Memo

S1974 (ACTIVE) - Bill Text download pdf

Comments