|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 12, 2021||referred to cultural affairs, tourism, parks and recreation|
senate Bill S1491
Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1491 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Cultural Affairs, Tourism, Parks And Recreation
- 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
2017-2018: S1974, A5120
2019-2020: S7536, A107
S1491 (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.
S1491 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1491 SPONSOR: SERRANO TITLE OF BILL: 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 PURPOSE: This bill enhances protections under the law for individuals who are employed as art authenticators in the visual arts community. SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 11.01 of the arts and cultural affairs law by adding a new subdivision 23. Section two amends section 15.11 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984.
S1491 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1491 2021-2022 Regular Sessions I N S E N A T E January 12, 2021 ___________ Introduced by Sen. SERRANO -- 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. LBD00743-01-1
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