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This entry was published on 2014-09-22
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SECTION 15.01
Full disclosure in the sale of certain visual art objects produced in multiples
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE C, ARTICLE 15
§ 15.01. Full disclosure in the sale of certain visual art objects
produced in multiples. 1. An art merchant shall not sell or consign a
multiple in, into or from this state unless a written instrument is
furnished to the purchaser or consignee, at his request, or in any event
prior to a sale or consignment, which sets forth as to each multiple the
descriptive information required by this article for the appropriate
time period. If a prospective purchaser so requests, the information
shall be transmitted to him prior to the payment or placing of an order
for a multiple. If payment is made by a purchaser prior to delivery of
such an art multiple, this information shall be supplied at the time of
or prior to delivery. With respect to auctions, this information may be
furnished in catalogues or other written materials which are readily
available for consultation and purchase prior to sale, provided that a
bill of sale, receipt or invoice describing the transaction is then
provided which makes reference to the catalogue and lot number in which
such information is supplied. Information supplied pursuant to this
subdivision shall be clearly, specifically and distinctly addressed to
each item as required by this article for any time period unless the
required data is not applicable. This section is applicable to
transactions by and between merchants, non-merchants, and others
considered art merchants for the purposes of this article.

2. An art merchant shall not cause a catalogue, prospectus, flyer or
other written material or advertisement to be distributed in, into or
from this state which solicits a direct sale, by inviting transmittal of
payment for a specific multiple, unless it clearly sets forth, in close
physical proximity to the place in such material where the multiple is
described, the descriptive information required by this article for the
appropriate time period. In lieu of this required information, such
written material or advertising may set forth the material contained in
the following quoted passage, or the passage itself, containing terms
the nonobservance of which shall constitute a violation of this article,
if the art merchant then supplies the required information prior to or
with delivery of the multiple:

"Article fifteen of the New York arts and cultural affairs law
provides for disclosure in writing of certain information concerning
multiples of prints and photographs when sold for more than one hundred
dollars ($100) each, exclusive of any frame, and of sculpture when sold
for more than fifteen hundred dollars, prior to effecting a sale of
them. This law requires disclosure of such matters as the identity of
the artist, the artist's signature, the medium, whether the multiple is
a reproduction, the time when the multiple was produced, use of the
master which produced the multiple, and the number of multiples in a
'limited edition'. If a prospective purchaser so requests, the
information shall be transmitted to him prior to payment or the placing
of an order for a multiple. If payment is made by a purchaser prior to
delivery of such an art multiple, this information will be supplied at
the time of or prior to delivery, in which case the purchaser is
entitled to a refund if, for reasons related to matter contained in such
information, he returns the multiple substantially in the condition in
which received, within thirty days of receiving it. In addition, if
after payment and delivery, it is ascertained that the information
provided is incorrect the purchaser may be entitled to certain
remedies."

This requirement is not applicable to general written material or
advertising which does not constitute an offer to effect a specific
sale.

3. In each place of business in the state where an art merchant is
regularly engaged in sales of multiples, the art merchant shall post in
a conspicuous place, a sign which, in a legible format, contains the
information included in the following passage:

"Article fifteen of the New York arts and cultural affairs law
provides for the disclosure in writing of certain information concerning
prints, photographs and sculpture. This information is available to you
in accordance with that law."