South Carolina Code 39-16-30. General prohibitions; applicability to “reproductions”
Current as of: 2022 | Check for updates | Other versions
(a) An art merchant or person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by § 39-16-40.
(b) An art merchant or person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by § 39-16-40.
Terms Used In South Carolina Code 39-16-30
- Art merchant: means a person who:
(1) deals in fine prints to which this article is applicable; or
(2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or
(3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or
(4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions. See South Carolina Code 39-16-10
- Fine print: means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph. See South Carolina Code 39-16-10
- Person: means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in § 39-16-10(d). See South Carolina Code 39-16-10
- Print: means a fine print. See South Carolina Code 39-16-10
(c) If a print is described as a "reproduction", the information required by § 39-16-40 is not required to be disclosed unless the print allegedly was published in a limited edition, an edition of numbered or signed prints, or any combination of them.
(d) An art merchant or person offering for auction a fine print to which this article is applicable at an auction where nonart property also is sold shall provide a written invoice disclosing all information required by § 39-16-40.