What's happening
This bill adds legal protections for art authenticators in New York, limiting their liability and establishing specific legal procedures for claims against them.
Why it matters
Defines “authenticator” precisely. , limiting it to experts recognized in the visual or scientific arts communities, and explicitly excluding those with a financial interest in the artwork in question (beyond payment for their services). This aims to ensure impartiality and credibility in art authentication.
Raises the bar for lawsuits against authenticators. by requiring that any civil complaint specify detailed facts supporting each element of the claim. This provision is intended to deter frivolous or speculative lawsuits that can discourage experts from offering opinions.
Shifts cost and fee burdens in legal actions. , allowing courts to award attorneys’ and expert witness fees to prevailing authenticators only if there’s a written finding of “good and just cause.” This provides an added layer of protection for authenticators against the financial risks of defending their opinions.
Creates a carve-out from existing legal timelines and warranty rules. for lawsuits against authenticators, distinguishing their role from that of art dealers or merchants. This recognizes the unique function authenticators serve in the art market and addresses their vulnerability to legal threats, which can impact the willingness of experts to participate in authentication.
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Who cares
Headline styles
Protect Art Authenticators
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.903
- Referred to cultural affairs, tourism, parks and recreation
- Returned to senate
- Died in assembly
- Referred to tourism, parks, arts and sports development
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.348
- Referred to cultural affairs, tourism, parks and recreation
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 Assembly Committee · Tourism, Parks, Arts And Sports Development · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1974
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00284-01-7
S. 1974 2
visual art multiple or to provide information on which such an opinion is based in whole or in part.
§ 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.
Sponsor's memo
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
To enhance protections under the law for individuals who are employed as art authenticator in the visual arts community.
Summary of provisions
Section one adds a new subdivision 23 to the arts and cultural affairs law.
Section two amends Section 15.11 of the arts and cultural affairs law, Chapter 849 of the laws of 1984.
Section three is amended by adding a new section 15.12 of the arts and cultural affairs law.
Section four amends subdivisions 4 and 5 of section 15.15 of the arts and cultural affairs law, Chapter 849 of the laws of 1984.
Section five 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 imitation 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.
Legislative history
2015-16: 5.1229-A Passed Senate; A.1018-A Referred to Tourism, Parks, Arts and Sports Development 2014: S 1356 Committed to Rules; A. 9016 Referred to Tourism, Parks, Arts and Sports Development
Fiscal implications
None.
Local fiscal implications
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.