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NY S01974
Bill
Status
6/7/2017
Primary Sponsor
Elizabeth Little
Click for details
AI Summary
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Defines "authenticator" as a person or entity recognized in the visual arts or scientific community with expertise regarding authenticity, attribution, or authorship of works of fine art, including authors of catalogues raisonnés.
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Excludes from the "authenticator" definition any person or entity with a financial interest in the work or transaction, except for compensation for providing the authentication opinion.
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Requires claimants in civil actions against authenticators to specify with particularity facts sufficient to support each element of their claims.
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Exempts authenticator opinions from express warranty requirements that apply to other art transaction information.
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Allows prevailing authenticators to recover court costs, reasonable attorneys' fees, and expert witness fees upon a written finding of good and just cause, while prohibiting such expenses from being assessed against authenticators in bad faith actions.
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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
6/20/2018