§ 14.05. Sculpture; identifying mark. 1. Every sculpture produced, fabricated or carved in or from this state after January first, nineteen hundred ninety-one shall contain thereon, in a clear and legible fashion and in an easily accessible location, a distinctive mark which identifies the foundry or other production facility at which such sculpture was made, and the year that such sculpture was made. This section shall also apply to unique works of sculpture produced, fabricated or carved in this state.

Need help reviewing a copyright?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In N.Y. Arts and Cultural Affairs Law 14.05

  • Person: means an individual, partnership, corporation, association or other group, however organized. See N.Y. Arts and Cultural Affairs Law 11.01
  • Sculpture: means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01

2. It shall be unlawful for a foundry or other production facility (a) to fail or refuse to affix an identifying mark and the year or (b) to affix a false identifying mark or incorrect year to any sculpture produced by it. Notwithstanding any other provision of law, violation of this subdivision shall be punishable by a civil penalty not to exceed five thousand dollars for each unlabeled or mislabeled sculpture.

3. It shall be unlawful for any person to deface, mark over or tamper with the identifying mark and date required by this section to be included on a sculpture. Notwithstanding any other provision of law, violation of this subdivision shall be punishable by a civil penalty not to exceed five thousand dollars for each instance of defacing, marking over or tampering with such identifying mark or date. Any violation of this subdivision shall be punishable in accordance with the penal law.