Bill Text: NY S06794 | 2013-2014 | 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: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S06794 Detail]
Download: New_York-2013-S06794-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6794 I N S E N A T E March 11, 2014 ___________ Introduced by Sen. LITTLE -- 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. The arts and cultural affairs law is amended by adding a 2 new section 13.04 to read as follows: 3 S 13.04. OPINIONS AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF 4 WORKS OF FINE ART. 1. IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICA- 5 TOR THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFOR- 6 MATION CONCERNING A WORK OF FINE ART, THE CLAIMANT SHALL: 7 (A) SPECIFY WITH PARTICULARITY IN THE COMPLAINT FACTS SUFFICIENT TO 8 SUPPORT EACH ELEMENT OF THE CLAIM OR CLAIMS ASSERTED; AND 9 (B) PROVE THE ELEMENTS OF SUCH CLAIM OR CLAIMS BY CLEAR AND CONVINCING 10 EVIDENCE. 11 2. IN ANY ACTION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE 12 AUTHENTICATOR SHALL BE ENTITLED TO RECOVER HIS, HER OR ITS REASONABLE 13 ATTORNEYS' FEES, COSTS AND EXPENSES IF AND TO THE EXTENT THAT THE 14 AUTHENTICATOR PREVAILS IN SUCH ACTION. 15 3. "AUTHENTICATOR" AS USED IN THIS SECTION SHALL MEAN, SUBJECT TO THE 16 LIMITATIONS IN THE FINAL SENTENCE OF THIS PARAGRAPH, A PERSON OR ENTITY 17 RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING EXPERTISE REGARDING 18 THE ARTIST OR WORK OF FINE ART WITH RESPECT TO WHOM SUCH PERSON OR ENTI- 19 TY RENDERS AN OPINION IN GOOD FAITH AS TO THE AUTHENTICITY, ATTRIBUTION 20 OR AUTHORSHIP OF A WORK OF FINE ART, OR A PERSON OR ENTITY RECOGNIZED IN 21 THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVER- 22 ING FACTS THAT SERVE AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN 23 OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF 24 FINE ART. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS 25 OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN OPINION AS 26 TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF ART IS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13935-02-4 S. 6794 2 1 EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL NOT INCLUDE A PERSON OR 2 ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART FOR WHICH 3 SUCH OPINION IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH WORK OF 4 FINE ART FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED 5 FOR SERVICES SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN OPINION AS 6 TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE ART 7 OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION IS BASED IN WHOLE OR 8 IN PART. 9 S 2. This act shall take effect on the sixtieth day after it shall 10 have become a law and shall apply to all opinions as to the authentici- 11 ty, attribution or authorship of a work of fine art provided to someone 12 other than the authenticator after such effective date.