(a) An art merchant or person who sells or offers to sell a fine print shall disclose the following information:

(1) the year the plate was created.

Terms Used In South Carolina Code 39-16-40

  • 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
  • Artist: means any person who conceived or created:

    (1) the master image for a fine print; or

    (2) the master image which served as the model for a fine print. 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
  • Plate: means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken. See South Carolina Code 39-16-10
  • Print: means a fine print. See South Carolina Code 39-16-10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) the year when printed and the name of the artist.

(3) the process used to create the print.

(4) whether the print is a part of a limited edition, and if it is:

(i) the authorized maximum number of numbered or signed prints, or both, in the edition.

(ii) the authorized maximum number of unnumbered or unsigned prints, or both, in the edition.

(iii) any authorized maximum number of artist’s, publisher’s, printer’s, or other proofs, exclusive of trial proofs, outside the regular edition.

(iv) the total size of the edition.

(5) whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition.

(6) if there were any prior plates of the same master image, the total number of plates and a designation of the plate from which the print was taken.

(7) if there were any prior or later editions from the same plate, the series number of the edition of which the print is a part, and the aggregate size of all other editions.

(8) if the print was reproduced as a book illustration, or in a magazine article.

(9) whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked.

(10) the name of any workshop where the edition was printed.

(11) whether the print has been printed on acid free paper.

(b) if the art merchant lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.

(c) if the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to the overall authenticity of each print.