New York A 1366: Relates to the authenticity, attribution and authorship of fine works of art

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A01366 Summary:

BILL NOA01366 

&nbsp

SAME ASSAME AS S01381

&nbsp

SPONSORRosenthal

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §15.12, amd §§11.01, 15.11 & 15.15, Arts & Cul L

&nbsp

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.

Go to top A01366 Actions:

BILL NOA01366 

&nbsp

01/09/2025referred to tourism, parks, arts and sports development

01/07/2026referred to tourism, parks, arts and sports development

Go to topA01366 Committee&nbspVotes:

Go to topA01366 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01366 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1366

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Tourism, Parks, Arts and Sports Development

 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. Section 11.01 of the arts and cultural affairs law is
 2 amended by adding a new subdivision 23 to read as follows:
 3 23. "Authenticator" as used in section 15.11, 15.12 and 15.15 of this
 4 chapter shall mean, subject to the limitations in this subdivision, a
 5 person or entity recognized in the visual arts community as having
 6 expertise regarding the artist, work of fine art, or visual art multiple
 7 with respect to whom such person or entity renders an opinion as to the
 8 authenticity, attribution or authorship of a work of fine art or visual
 9 art multiple, or a person or entity recognized in the visual arts or
 10 scientific community as having expertise in uncovering facts that serve
 11 as a direct basis, in whole or in part, for an opinion as to the authen-
 12 ticity, attribution or authorship of a work of fine art or visual art
 13 multiple. "Authenticator" shall include, but not be limited to, authors
 14 of catalogues raisonne or other scholarly texts in which an opinion as
 15 to the authenticity, attribution or authorship of a work of fine art or
 16 visual art multiple is expressed or implied. "Authenticator" shall not
 17 include a person or entity that has a financial interest in the work of
 18 fine art or visual art multiple for which such opinion is rendered or in
 19 any transaction concerning such work of fine art or visual art multiple
 20 for which the opinion is rendered, other than to be compensated for
 21 services such person or entity engaged in to provide an opinion as to
 22 the authenticity, attribution or authorship of such work of fine art or
 23 visual art multiple or to provide information on which such an opinion
 24 is based in whole or in part.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03141-01-5

 A. 1366 2

 1 § 2. Section 15.11 of the arts and cultural affairs law, as added by
 2 chapter 849 of the laws of 1984, is amended to read as follows:
 3 § 15.11. Express warranties. Information provided pursuant to the
 4 provisions of this article shall create an express warranty pursuant to
 5 section 13.05 of this title. When such information is not supplied
 6 because not applicable, this shall constitute an express warranty that
 7 such required information is not applicable. This section shall not
 8 apply to an authenticator's opinion or information concerning a visual
 9 art multiple or work of fine art, as set forth in subdivision twenty-
 10 three of section 11.01 of this title, section 15.12 of this article, and
 11 subdivision four of section 15.15 of this article.
 12 § 3. The arts and cultural affairs law is amended by adding a new
 13 section 15.12 to read as follows:
 14 § 15.12. Authentication of works of fine art and visual art multiples.
 15 In any civil action brought a