N.Y. Arts and Cultural Affairs Law 15.10 – Information required for sculptures
§ 15.10. Information required for sculptures. 1. The following information shall be supplied as indicated in a written instrument as to each multiple produced, fabricated or carved, on or after January first, nineteen hundred ninety-one:
Terms Used In N.Y. Arts and Cultural Affairs Law 15.10
- art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 11.01
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Limited edition: means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. See N.Y. Arts and Cultural Affairs Law 11.01
- Master: when used alone is used in lieu of and means the same as such things as printing plate, stone, block, screen, photographic negative or other like material which contains an image used to produce visual art objects in multiples, or in the case of sculptures, a mold, model, cast, form or other prototype, other than from glass, which additional multiples of sculpture are produced, fabricated or carved. See N.Y. Arts and Cultural Affairs Law 11.01
- 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
- Written instrument: means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant. See N.Y. Arts and Cultural Affairs Law 11.01
(a) Artist. State the name of the artist.
(b) Title. State the title of the sculpture.
(c) Foundry. State the name, if known, of the foundry which or person who produced, fabricated or carved the sculpture.
(d) Medium. Describe the medium or process used in producing the multiple. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made.
(e) Dimensions. State the dimensions of the sculpture.
(f) Time produced. State the year the sculpture was cast, fabricated or carved.
(g) Number cast. State the number of sculpture casts, according to the best information available, produced or fabricated or carved as of the date of the sale.
(h) If the purported artist was deceased at the time the sculpture was produced, this shall be stated.
(i) Use of master. State whether the sculpture is authorized by the artist or, if produced after the artist's death, whether it was authorized in writing by the artist or by the estate, heirs or other legal representatives of the artist. In the event of a sale after the initial sale, the art merchant may disclose in writing evidence of such reasonable inquiries as have been made pursuant to subdivision two of section 15.15 of this article and any information imparted as may be relevant in fulfilling the intent of this paragraph.
2. For limited edition sculpture produced on or after January first, nineteen hundred ninety-one, in addition to the information required to be provided pursuant to subdivision one of this section, the following items of information shall also be provided to the purchaser in a written instrument:
(a) whether and how the sculpture and the edition is numbered;
(b) the size of the edition or proposed edition and the size of any prior edition or editions of the same sculpture, regardless of the color or material used;
(c) whether additional sculpture casts have been produced in excess of the stated size of the edition or proposed edition and, if so, the total number of such excess casts produced or proposed to be produced and whether and how they are or will be numbered according to the stated intention of the artist or a statement that the artist has not disclosed his intention about the number of additional casts or their numbering. Additional sculpture casts shall include all casts from the same master regardless of their color, material or size; and
(d) whether the artist has stated in writing a limitation on the number of additional sculpture casts to be produced in excess of the stated size of the edition or proposed edition and, if so, the total number of such excess casts produced or proposed to be produced and whether and how they are or will be numbered according to the stated intention of the artist or the estate, heirs or other legal representatives of the artist or a statement that the artist has not disclosed his intention about the number of additional casts or their numbering. Additional sculpture casts shall include all casts from the same master regardless of their color, material or size.
3. For copies of sculpture not made from the master and produced after January first, nineteen hundred ninety-one, in addition to the information required to be provided pursuant to subdivisions one and two of this section, the following items of information shall also be provided to the purchaser in a written instrument:
(a) the means by which the copy was made;
(b) whether the copy was authorized by the artist or the estate, heirs or other legal representatives of the artist; and
(c) whether the copy is of the same material and size as the master.