Search OpenLegislation Statutes

This entry was published on 2018-08-31
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE C, ARTICLE 11
§ 11.01. Definitions. As used in this title:

1. "Artist" means the creator of a work of fine art or, in the case of
multiples, the person who conceived or created the image which is
contained in or which constitutes the master from which the individual
print was made.

2. "Art merchant" means a person who is in the business of dealing,
exclusively or non-exclusively, in works of fine art or multiples, or a
person who by his occupation holds himself out as having knowledge or
skill peculiar to such works, or to whom such knowledge or skill may be
attributed by his employment of an agent or other intermediary who by
his occupation holds himself out as having such knowledge or skill. The
term "art merchant" includes an auctioneer who sells such works at
public auction, and except in the case of multiples, includes persons,
not otherwise defined or treated as art merchants herein, who are
consignors or principals of auctioneers.

3. "Author" or "authorship" refers to the creator of a work of fine
art or multiple or to the period, culture, source or origin, as the case
may be, with which the creation of such work is identified in the
description of the work.

4. "Creditors" means "creditor" as defined in paragraph thirteen of
subsection (b) of section 1--201 of the uniform commercial code.

5. "Counterfeit" means a work of fine art or multiple made, altered or
copied, with or without intent to deceive, in such manner that it
appears or is claimed to have an authorship which it does not in fact

6. "Certificate of authenticity" means a written statement by an art
merchant confirming, approving or attesting to the authorship of a work
of fine art or multiple, which is capable of being used to the advantage
or disadvantage of some person.

7. "Conservation" means acts taken to correct deterioration and
alteration and acts taken to prevent, stop or retard deterioration.

8. "Craft" means a functional or non-functional work individually
designed, and crafted by hand, in any medium including but not limited
to textile, tile, paper, clay, glass, fiber, wood, metal or plastic;
provided, however, that if produced in multiples, craft shall not
include works mass produced or produced in other than a limited edition.

9. "Fine art" means a painting, sculpture, drawing, or work of graphic
art, and print, but not multiples.

10. "Limited edition" means works of art produced from a master, all
of which are the same image and bear numbers or other markings to denote
the limited production thereof to a stated maximum number of multiples,
or are otherwise held out as limited to a maximum number of multiples.

11. "Master" when used alone is used in lieu of and means the same as
such things as printing plate, stone, block, screen, photographic
negative or other like material which contains an image used to produce
visual art objects in multiples, or in the case of sculptures, a mold,
model, cast, form or other prototype, other than from glass, which
additional multiples of sculpture are produced, fabricated or carved.

12. "On consignment" means that no title to, estate in, or right to
possession of, the work of fine art or multiple that is superior to that
of the consignor vests in the consignee, notwithstanding the consignee's
power or authority to transfer or convey all the right, title and
interest of the consignor, in and to such work, to a third person.

13. "Person" means an individual, partnership, corporation,
association or other group, however organized.

14. "Print" in addition to meaning a multiple produced by, but not
limited to, such processes as engraving, etching, woodcutting,
lithography and serigraphy, also means multiples produced or developed
from photographic negatives, or any combination thereof.

15. "Proofs" means multiples which are the same as, and which are
produced from the same masters as, the multiples in a limited edition,
but which, whether so designated or not, are set aside from and are in
addition to the limited edition to which they relate.

16. "Reproduction" means a copy, in any medium, of a work of fine art,
that is displayed or published under circumstances that, reasonably
construed, evinces an intent that it be taken as a representation of a
work of fine art as created by the artist.

17. "Reproduction right" means a right to reproduce, prepare
derivative works of, distribute copies of, publicly perform or publicly
display a work of fine art.

18. "Sculpture" means a three-dimensional fine art object produced,
fabricated or carved in multiple from a mold, model, cast, form or other
prototype, other than from glass, sold, offered for sale or consigned
in, into or from this state for an amount in excess of fifteen hundred

19. "Signed" means autographed by the artist's own hand, and not by
mechanical means of reproduction, after the multiple was produced,
whether or not the master was signed or unsigned.

20. "Successor in interest" shall mean a "personal representative",
"testamentary beneficiary", trustee or beneficiary of a "lifetime trust"
or an "heir" (including heirs who acquire the work of fine art, craft or
print from the artist or craftsperson or from another heir or
beneficiary of the artist or craftsperson), which terms shall have the
same meanings as set forth in the estates, powers and trusts law.

21. "Visual art multiples" or "multiples" means prints, photographs,
positive or negative, sculpture and similar art objects produced in more
than one copy and sold, offered for sale or consigned in, into or from
this state for an amount in excess of one hundred dollars exclusive of
any frame or in the case of sculpture, an amount in excess of fifteen
hundred dollars. Pages or sheets taken from books and magazines and
offered for sale or sold as visual art objects shall be included, but
books and magazines are excluded.

22. "Written instrument" means a written or printed agreement, bill of
sale, invoice, certificate of authenticity, catalogue or any other
written or printed note or memorandum or label describing the work of
fine art or multiple which is to be sold, exchanged or consigned by an
art merchant.