A00107 Summary:
| BILL NO | A00107 |
| SAME AS | SAME AS S07536 |
| SPONSOR | Rosenthal L |
| COSPNSR | Otis, Thiele, Seawright, Barrett, Stirpe, Fahy, Quart, Weprin |
| MLTSPNSR | |
| Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L | |
| 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. | |
A00107 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to opinions 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 authenticator 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. Section three amends the arts and cultural affairs law by adding a new section 15.12. Section four amends subdivision 4 of section 15.15 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984. Section five amends subdivision five of section 15.15 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984 Section six sets forth the effective date. JUSTIFICATION: In general, artwork is authenticated by a trained person through documentation, stylistic inquiry, and/or scientific verification. No one method is perfect as oftentimes authenticity is difficult to determine. While each authentication method has its own drawbacks, the role of authenticators as drivers of the art market cannot be overstated. Art authenticators reduce the risk of counterfeits and imitations flooding the art market that could potentially devalue the work of millions of artists. In recent years, the work of authenticators has come under pressure from meritless lawsuits against those who render opinions in good faith. Such defense of expensive and frivolous lawsuits has left many in the indus- try reluctant to lend their expertise in authenticating art works. This bill would clarify the role of art authenticators to ensure that those who practice their profession, in good faith, would be afforded protections under the law to ensure that only valid, verifiable claims against authenticators are allowed to proceed in civil court. LEGISLATIVE HISTORY: 2017-17: A.5120 - Referred to Tourism, Parks, Arts and Sports Develop- ment; S.1974 - Advanced to Third Reading 2015-16: A.1018-A - Referred to Tourism, Parks, Arts and Sports Develop- ment; S.1229-A - Passed Senate 2013-14: A.9016 - Referred to Tourism, Parks, Arts and Sports Develop- ment; S.6794 - Committed to Rules FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This bill shall take effect on the sixtieth day after it shall have become a law and shall apply to all opinions as to the authenticity, attribution or authorship of a work of fine art provided to someone other than the authenticator after such effective date.
A00107 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 107 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, OTIS, THIELE, SEAWRIGHT, BARRETT, STIRPE, FAHY, QUART, WEPRIN -- 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: 1 Section 1. Section 11.01 of the arts and cultural affairs law is 2 amended by adding a new subdivision 23 to read as follows: 3 23. "Authenticator" as used in section 15.11, 15.12 and 15.15 of this 4 chapter shall mean, subject to the limitations in this subdivision, a 5 person or entity recognized in the visual arts community as having 6 expertise regarding the artist, work of fine art, or visual art multiple 7 with respect to whom such person or entity renders an opinion as to the 8 authenticity, attribution or authorship of a work of fine art or visual 9 art multiple, or a person or entity recognized in the visual arts or 10 scientific community as having expertise in uncovering facts that serve 11 as a direct basis, in whole or in part, for an opinion as to the authen- 12 ticity, attribution or authorship of a work of fine art or visual art 13 multiple. "Authenticator" shall include, but not be limited to, authors 14 of catalogues raisonne or other scholarly texts in which an opinion as 15 to the authenticity, attribution or authorship of a work of fine art or 16 visual art multiple is expressed or implied. "Authenticator" shall not 17 include a person or entity that has a financial interest in the work of 18 fine art or visual art multiple for which such opinion is rendered or in 19 any transaction concerning such work of fine art or visual art multiple 20 for which the opinion is rendered, other than to be compensated for 21 services such person or entity engaged in to provide an opinion as to 22 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. LBD01854-01-9A. 107 2 1 visual art multiple or to provide information on which such an opinion 2 is based in whole or in part. 3 § 2. Section 15.11 of the arts and cultural affairs law, as added by 4 chapter 849 of the laws of 1984, is amended to read as follows: 5 § 15.11. Express warranties. Information provided pursuant to the 6 provisions of this article shall create an express warranty pursuant to 7 section 13.05 of this title. When such information is not supplied 8 because not applicable, this shall constitute an express warranty that 9 such required information is not applicable. This section shall not 10 apply to an authenticator's opinion or information concerning a visual 11 art multiple or work of fine art, as set forth in subdivision twenty- 12 three of section 11.01 of this title, section 15.12 of this article, and 13 subdivision four of section 15.15 of this article. 14 § 3. The arts and cultural affairs law is amended by adding a new 15 section 15.12 to read as follows: 16 § 15.12. Authentication of works of fine art and visual art multiples. 17 In any civil action brought against an authenticator that arises from or 18 relates to the authenticator's opinion or information concerning a visu- 19 al art multiple or work of fine art, the claimant shall specify with 20 particularity in the complaint facts sufficient to support each element 21 of the claim or claims asserted. 22 § 4. Subdivisions 4 and 5 of section 15.15 of the arts and cultural 23 affairs law, as added by chapter 849 of the laws of 1984, are amended to 24 read as follows: 25 4. (a) In any action to enforce any provision of this article, other 26 than a civil action brought against an authenticator that arises from or 27 relates to the authenticator's opinion or information concerning a visu- 28 al art multiple or work of fine art, the court may allow the prevailing 29 purchaser the costs of the action together with reasonable attorneys' 30 and expert witnesses' fees. 31 (b) In any civil action brought against an authenticator that arises 32 from or relates to the authenticator's opinion or information concerning 33 a visual art multiple or work of fine art, the court may allow the 34 prevailing authenticator the costs of the action together with reason- 35 able attorneys' and expert witnesses' fees, provided, however, that no 36 such costs or fees shall be granted pursuant to this section except upon 37 a written finding of good and just cause, which shall specify the 38 grounds thereof. 39 (c) In the event, however, the court determines that an action to 40 enforce any provision of this article was brought in bad faith it may 41 allow such expenses to the art merchant as it deems appropriate; 42 provided, however, that in any civil action brought against an authenti- 43 cator that arises from or relates to the authenticator's opinion or 44 information concerning a visual art multiple or work of fine art, no 45 such expenses shall be assessed or allowed against the authenticator. 46 5. An action to enforce any liability under this article, but not 47 including civil actions against authenticators, shall be brought within 48 the period prescribed for such actions by article two of the uniform 49 commercial code. 50 § 5. This act shall take effect on the sixtieth day after it shall 51 have become a law and shall apply to all opinions as to the authentici- 52 ty, attribution or authorship of a work of fine art or visual art multi- 53 ple provided to someone other than the authenticator after such effec- 54 tive date.