S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1491
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 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:
 
   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 AUTHEN-
 TICITY,  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.
                                                            LBD00743-01-1
              

 S. 1491                             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  TWENTY-
 THREE OF SECTION 11.01 OF THIS TITLE, 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 VISU-
 AL 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 VISU-
 AL 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  REASON-
 ABLE  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 AUTHENTI-
 CATOR 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  authentici-
 ty, attribution or authorship of a work of fine art or visual art multi-
 ple  provided  to someone other than the authenticator after such effec-
 tive date.