The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1760
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development
 
 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.
                                                            LBD04797-01-3

 A. 1760                             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 TITLE, 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.