Senate Bill S1491

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S1491 (ACTIVE) - Details

See Assembly Version of this Bill:
A604
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
2023-2024: S1607, A1760

2021-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.

2021-S1491 (ACTIVE) - Sponsor Memo

2021-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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