Rhode Island General Laws 5-62-5. Limitations of applicability
(a) Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials will not by itself create a violation of § 5-62-3 or a right to disclaim authorship under § 5-62-4(a); provided, that the alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art.
Terms Used In Rhode Island General Laws 5-62-5
- authorship: refers to the creator of a work of fine art or multiple or to the period, culture, source, or origin, as the case may be, with which the creation of that work is identified in the description of the work. See Rhode Island General Laws 5-62-2
- Conservation: means acts taken to correct deterioration and alteration and acts taken to prevent, stop, or retard deterioration. See Rhode Island General Laws 5-62-2
- Contract: A legal written agreement that becomes binding when signed.
- 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 Rhode Island General Laws 5-62-2
- Work of fine art: means any original work of visual or graphic art of any medium that includes, but is not limited to, the following: painting; drawing; print; photographic print; or sculpture of a limited edition of no more than three hundred (300) copies; provided, that "work of fine art" does not include sequential imagery such as that in motion pictures. See Rhode Island General Laws 5-62-2
(b) In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself create a violation of § 5-62-3 or a right to disclaim authorship under § 5-62-4(a).
(c) Conservation does not constitute an alteration, defacement, mutilation, or modification within the meaning of this chapter unless the conservation work is shown to be negligent.
(d) This chapter does not apply to work prepared under contract for advertising or trade use unless the contract provides.
(e) The provisions of this chapter apply only to works of fine art knowingly displayed in a place accessible to the public, published, or reproduced in this state.
History of Section.
P.L. 1987, ch. 566, § 1.