N.Y. Arts and Cultural Affairs Law 14.01 – Right to reproduce works of fine art
§ 14.01. Right to reproduce works of fine art. 1. Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or his heirs or personal representatives, the reproduction right thereto is reserved to the grantor until it passes into the public domain by act or operation of law unless such right is sooner expressly transferred by an instrument, note or memorandum in writing signed by the owner of the rights conveyed or his duly authorized agent.
Terms Used In N.Y. Arts and Cultural Affairs Law 14.01
- Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See N.Y. Arts and Cultural Affairs Law 11.01
- Fine art: means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples. See N.Y. Arts and Cultural Affairs Law 11.01
- Grantor: The person who establishes a trust and places property into it.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Reproduction: means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist. See N.Y. Arts and Cultural Affairs Law 11.01
- Reproduction right: means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art. See N.Y. Arts and Cultural Affairs Law 11.01
- Signed: means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned. See N.Y. Arts and Cultural Affairs Law 11.01
2. Whenever an exclusive or non-exclusive conveyance of any reproduction right is made by the holder of such right, or his duly authorized agent, ownership of the physical work of fine art shall be presumed to remain with and be reserved to the grantor unless expressly transferred in writing by an instrument, note or memorandum or by other written means, signed by the grantor or his duly authorized agent.
3. This article shall not apply to the sale, conveyance, donation or other transfer of the physical work of fine art which does not include a conveyance of a reproduction right in such work.
4. Nothing herein contained, however, shall be construed to prohibit the fair use of such work of fine art.
5. Nothing in this section shall operate or be construed to conflict with any rights or liabilities under federal copyright law.