What's happening
This bill defines "authenticator" in art law and adds legal protections for their opinions on the authenticity of fine art.
Why it matters
Clarifies who qualifies as an "authenticator". , limiting the definition to recognized experts in the visual arts or scientific community, and explicitly excluding anyone with a financial interest in the artwork (beyond being paid for their authenticating services). This aims to ensure opinions come from unbiased, credible sources.
Raises the legal bar for lawsuits against authenticators. by requiring that any civil complaint against them must specify detailed facts supporting each element of the claim. This makes it harder to file frivolous or vague lawsuits, potentially reducing legal harassment of art experts.
Provides potential reimbursement of legal costs to authenticators. if they prevail in lawsuits against them, but only if the court makes a written finding of "good and just cause." This offers added legal protection and financial security for those giving expert opinions, while still allowing courts discretion.
Excludes authenticators from certain existing legal liabilities and deadlines. that apply to other art-related claims, recognizing the unique role and risk authenticators face and further shielding them from punitive or opportunistic litigation.
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Who cares
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Protect Art Authenticators
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to tourism, parks, arts and sports development
- Reference changed to tourism, parks, arts and sports development
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Art Authenticators
In Senate Committee · Rules · Sponsor Betty Little
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5120
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. ROSENTHAL, OTIS, THIELE, SEAWRIGHT, BARRETT, TITONE -- read once and referred to the Committee on Transportation
AN ACT to amend the arts and cultural affairs law, in relation to opinions concerning authenticity, attribution and authorship of works of fine art
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11.01 of the arts and cultural affairs law is amended by adding a new subdivision 23 to read as follows:
23. "Authenticator" as used in section 15.11, 15.12 and 15.15 of this chapter shall mean, subject to the limitations in this subdivision, a person or entity recognized in the visual arts community as having expertise regarding the artist, work of fine art, or visual art multiple with respect to whom such person or entity renders an opinion as to the authenticity, attribution or authorship of a work of fine art or visual art multiple, or a person or entity recognized in the visual arts or scientific community as having expertise in uncovering facts that serve as a direct basis, in whole or in part, for an opinion as to the authenticity, attribution or authorship of a work of fine art or visual art multiple. "Authenticator" shall include, but not be limited to, authors of catalogues raisonne or other scholarly texts in which an opinion as to the authenticity, attribution or authorship of a work of fine art or visual art multiple is expressed or implied. "Authenticator" shall not include a person or entity that has a financial interest in the work of fine art or visual art multiple for which such opinion is rendered or in any transaction concerning such work of fine art or visual art multiple for which the opinion is rendered, other than to be compensated for services such person or entity engaged in to provide an opinion as to the authenticity, attribution or authorship of such work of fine art or visual art multiple or to provide information on which such an opinion is based in whole or in part.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00284-01-7
A. 5120 2
§ 2. Section 15.11 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984, is amended to read as follows:
§ 15.11. Express warranties. Information provided pursuant to the provisions of this article shall create an express warranty pursuant to section 13.05 of this title. When such information is not supplied because not applicable, this shall constitute an express warranty that such required information is not applicable. This section shall not apply to an authenticator's opinion or information concerning a visual art multiple or work of fine art, as set forth in subdivision twentythree of section 11.01 of this chapter, section 15.12 of this article, and subdivision four of section 15.15 of this article.
§ 3. The arts and cultural affairs law is amended by adding a new section 15.12 to read as follows:
§ 15.12. Authentication of works of fine art and visual art multiples. In any civil action brought against an authenticator that arises from or relates to the authenticator's opinion or information concerning a visual art multiple or work of fine art, the claimant shall specify with particularity in the complaint facts sufficient to support each element of the claim or claims asserted.
§ 4. Subdivisions 4 and 5 of section 15.15 of the arts and cultural affairs law, as added by chapter 849 of the laws of 1984, are amended to read as follows:
4. (a) In any action to enforce any provision of this article, other than a civil action brought against an authenticator that arises from or relates to the authenticator's opinion or information concerning a visual art multiple or work of fine art, the court may allow the prevailing purchaser the costs of the action together with reasonable attorneys' and expert witnesses' fees.
(b) In any civil action brought against an authenticator that arises from or relates to the authenticator's opinion or information concerning a visual art multiple or work of fine art, the court may allow the prevailing authenticator the costs of the action together with reasonable attorneys' and expert witnesses' fees, provided, however, that no such costs or fees shall be granted pursuant to this section except upon a written finding of good and just cause, which shall specify the grounds thereof.
(c) In the event, however, the court determines that an action to enforce any provision of this article was brought in bad faith it may allow such expenses to the art merchant as it deems appropriate; provided, however, that in any civil action brought against an authenticator that arises from or relates to the authenticator's opinion or information concerning a visual art multiple or work of fine art, no such expenses shall be assessed or allowed against the authenticator.
5. An action to enforce any liability under this article, but not including civil actions against authenticators, shall be brought within the period prescribed for such actions by article two of the uniform commercial code.
§ 5. 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 or visual art multiple provided to someone other than the authenticator after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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