Relates to the authenticity, attribution and authorship of fine works of art

1 Co-sponsor

• George Latimer

BILL NUMBER:S1229A

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 or general idea of bill

To enhance protections under the law for individuals who are employed as art authenticator in the visual arts community

Specific provisions

Section one amends section 11.01 of the arts and cultural affairs law by adding a new subdivision 23 to define authenticator.

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 have left many in the industry 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.

Prior legislative history

A.9016 of 2013-2014

Fiscal implications to state and local government

None.

Effective date

This act 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.