Section 11.01. Definitions


Latest version.
  • As used in this title:
        1. "Artist" means the creator of a work of fine art or, in the case of
      multiples,  the  person  who  conceived  or  created  the image which is
      contained in or which constitutes the master from which  the  individual
      print was made.
        2.  "Art  merchant"  means a person who is in the business of dealing,
      exclusively or non-exclusively, in works of fine art or multiples, or  a
      person  who  by  his occupation holds himself out as having knowledge or
      skill peculiar to such works, or 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.  The
      term "art merchant" includes an  auctioneer  who  sells  such  works  at
      public  auction,  and except in the case of multiples, includes persons,
      not otherwise defined or  treated  as  art  merchants  herein,  who  are
      consignors or principals of auctioneers.
        3.  "Author"  or  "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  such  work  is  identified  in  the
      description of the work.
        4.  "Creditors"  means  "creditor" as defined in subdivision twelve of
      section 1-201 of the uniform commerical code.
        5. "Counterfeit" means a work of fine art or multiple made, altered or
      copied, with or without intent  to  deceive,  in  such  manner  that  it
      appears  or  is  claimed to have an authorship which it does not in fact
      possess.
        6. "Certificate of authenticity" means a written statement by  an  art
      merchant  confirming, approving or attesting to the authorship of a work
      of fine art or multiple, which is capable of being used to the advantage
      or disadvantage of some person.
        7. "Conservation"  means  acts  taken  to  correct  deterioration  and
      alteration and acts taken to prevent, stop or retard deterioration.
        8.  "Craft"  means  a  functional  or non-functional work individually
      designed, and crafted by hand, in any medium including but  not  limited
      to  textile,  tile,  paper,  clay, glass, fiber, wood, metal or plastic;
      provided, however, that  if  produced  in  multiples,  craft  shall  not
      include works mass produced or produced in other than a limited edition.
        9. "Fine art" means a painting, sculpture, drawing, or work of graphic
      art, and print, but not multiples.
        10.  "Limited  edition" means works of art produced from a master, all
      of which are the same image and bear numbers or other markings to denote
      the limited production thereof to a stated maximum number of  multiples,
      or are otherwise held out as limited to a maximum number of multiples.
        11.  "Master" when used alone is used in lieu of and means the same as
      such things  as  printing  plate,  stone,  block,  screen,  photographic
      negative  or other like material which contains an image used to produce
      visual art objects in multiples, or in the case of sculptures,  a  mold,
      model,  cast,  form  or  other  prototype,  other than from glass, which
      additional multiples of sculpture are produced, fabricated or carved.
        12. "On consignment" means that no title to, estate in,  or  right  to
      possession of, the work of fine art or multiple that is superior to that
      of the consignor vests in the consignee, notwithstanding the consignee's
      power  or  authority  to  transfer  or  convey  all the right, title and
      interest of the consignor, in and to such work, to a third person.
        13.  "Person"   means   an   individual,   partnership,   corporation,
      association or other group, however organized.
        14.  "Print"  in  addition  to meaning a multiple produced by, but not
      limited  to,  such  processes  as   engraving,   etching,   woodcutting,
    
      lithography  and  serigraphy, also means multiples produced or developed
      from photographic negatives, or any combination thereof.
        15.  "Proofs"  means  multiples  which  are the same as, and which are
      produced from the same masters as, the multiples in a  limited  edition,
      but  which,  whether so designated or not, are set aside from and are in
      addition to the limited edition to which they relate.
        16. "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.
        17.  "Reproduction  right"  means  a  right  to   reproduce,   prepare
      derivative  works of, distribute copies of, publicly perform or publicly
      display a work of fine art.
        18. "Sculpture" means a three-dimensional fine  art  object  produced,
      fabricated or carved in multiple from a mold, model, cast, form or other
      prototype,  other  than  from glass, sold, offered for sale or consigned
      in, into or from this state for an amount in excess of  fifteen  hundred
      dollars.
        19.  "Signed"  means  autographed by the artist's own hand, and not by
      mechanical means of  reproduction,  after  the  multiple  was  produced,
      whether or not the master was signed or unsigned.
        20.  "Visual  art multiples" or "multiples" means prints, photographs,
      positive or negative, sculpture and similar art objects produced in more
      than one copy and sold, offered for sale or consigned in, into  or  from
      this  state  for an amount in excess of one hundred dollars exclusive of
      any frame or in the case of sculpture, an amount in  excess  of  fifteen
      hundred  dollars.  Pages  or  sheets  taken from books and magazines and
      offered for sale or sold as visual art objects shall  be  included,  but
      books and magazines are excluded.
        21. "Written instrument" means a written or printed agreement, bill of
      sale,  invoice,  certificate  of  authenticity,  catalogue  or any other
      written or printed note or memorandum or label describing  the  work  of
      fine  art  or multiple which is to be sold, exchanged or consigned by an
      art merchant.