Bill Text: NY S07536 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-23 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S07536 Detail]
Download: New_York-2019-S07536-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7536 IN SENATE January 23, 2020 ___________ 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: 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 23 visual art multiple or to provide information on which such an opinion 24 is based in whole or in part. 25 § 2. Section 15.11 of the arts and cultural affairs law, as added by 26 chapter 849 of the laws of 1984, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01854-01-9S. 7536 2 1 § 15.11. Express warranties. Information provided pursuant to the 2 provisions of this article shall create an express warranty pursuant to 3 section 13.05 of this title. When such information is not supplied 4 because not applicable, this shall constitute an express warranty that 5 such required information is not applicable. This section shall not 6 apply to an authenticator's opinion or information concerning a visual 7 art multiple or work of fine art, as set forth in subdivision twenty- 8 three of section 11.01 of this title, section 15.12 of this article, and 9 subdivision four of section 15.15 of this article. 10 § 3. The arts and cultural affairs law is amended by adding a new 11 section 15.12 to read as follows: 12 § 15.12. Authentication of works of fine art and visual art multiples. 13 In any civil action brought against an authenticator that arises from or 14 relates to the authenticator's opinion or information concerning a visu- 15 al art multiple or work of fine art, the claimant shall specify with 16 particularity in the complaint facts sufficient to support each element 17 of the claim or claims asserted. 18 § 4. Subdivisions 4 and 5 of section 15.15 of the arts and cultural 19 affairs law, as added by chapter 849 of the laws of 1984, are amended to 20 read as follows: 21 4. (a) In any action to enforce any provision of this article, other 22 than a civil action brought against an authenticator that arises from or 23 relates to the authenticator's opinion or information concerning a visu- 24 al art multiple or work of fine art, the court may allow the prevailing 25 purchaser the costs of the action together with reasonable attorneys' 26 and expert witnesses' fees. 27 (b) In any civil action brought against an authenticator that arises 28 from or relates to the authenticator's opinion or information concerning 29 a visual art multiple or work of fine art, the court may allow the 30 prevailing authenticator the costs of the action together with reason- 31 able attorneys' and expert witnesses' fees, provided, however, that no 32 such costs or fees shall be granted pursuant to this section except upon 33 a written finding of good and just cause, which shall specify the 34 grounds thereof. 35 (c) In the event, however, the court determines that an action to 36 enforce any provision of this article was brought in bad faith it may 37 allow such expenses to the art merchant as it deems appropriate; 38 provided, however, that in any civil action brought against an authenti- 39 cator that arises from or relates to the authenticator's opinion or 40 information concerning a visual art multiple or work of fine art, no 41 such expenses shall be assessed or allowed against the authenticator. 42 5. An action to enforce any liability under this article, but not 43 including civil actions against authenticators, shall be brought within 44 the period prescribed for such actions by article two of the uniform 45 commercial code. 46 § 5. This act shall take effect on the sixtieth day after it shall 47 have become a law and shall apply to all opinions as to the authentici- 48 ty, attribution or authorship of a work of fine art or visual art multi- 49 ple provided to someone other than the authenticator after such effec- 50 tive date.
