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NY S06794

Bill

Status

Introduced

3/11/2014

Primary Sponsor

Elizabeth Little

Click for details

Origin

Senate

2013-2014 General Assembly

AI Summary

  • Requires claimants in civil actions against authenticators to specify facts with particularity in complaints and prove all claim elements by clear and convincing evidence
  • Entitles authenticators to recover reasonable attorneys' fees, costs, and expenses if they prevail in such actions
  • Defines "authenticator" as persons or entities recognized in visual arts or scientific communities as having expertise in determining authenticity, attribution, or authorship of fine art works
  • Excludes from authenticator protections any person or entity with financial interest in the artwork or related transactions, except for compensation received for providing the authentication opinion or underlying information
  • Takes effect 60 days after enactment and applies to all authentication opinions provided after the effective date

Legislative Description

Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.

Last Action

COMMITTED TO RULES

6/20/2014

Committee Referrals

Rules6/20/2014
Cultural Affairs, Tourism, Parks and Recreation3/11/2014

Full Bill Text

No bill text available