Section 14.03. Artists authorship rights  


Latest version.
  • 1.   Except  as  limited  by
      subdivision three of this section, on and after January first,  nineteen
      hundred  eighty-five, no person other than the artist or a person acting
      with the artist's consent shall knowingly display in a place  accessible
      to  the public or publish a work of fine art or limited edition multiple
      of not more than three hundred copies by that artist or  a  reproduction
      thereof  in  an altered, defaced, mutilated or modified form if the work
      is displayed, published or reproduced as being the work of  the  artist,
      or  under  circumstances  under which it would reasonably be regarded as
      being the work of the artist, and damage to the artist's  reputation  is
      reasonably  likely  to  result therefrom, except that this section shall
      not apply to sequential imagery such as that in motion pictures.
        2. (a) Except as limited by subdivision three  of  this  section,  the
      artist  shall retain at all times the right to claim authorship, or, for
      just and valid reason, to disclaim authorship of such work. The right to
      claim authorship shall include the right of the artist to  have  his  or
      her  name  appear  on or in connection with such work as the artist. The
      right to disclaim authorship shall include the right of  the  artist  to
      prevent  his  or  her  name from appearing on or in connection with such
      work as the artist. Just and valid  reason  for  disclaiming  authorship
      shall  include  that  the  work  has been altered, defaced, mutilated or
      modified other than by the artist, without  the  artist's  consent,  and
      damage  to the artist's reputation is reasonably likely to result or has
      resulted therefrom.
        (b) The rights created by this subdivision shall exist in addition  to
      any  other  rights  and  duties  which  may  now  or  in  the  future be
      applicable.
        3. (a) Alteration, defacement, mutilation or modification of such work
      resulting from the passage  of  time  or  the  inherent  nature  of  the
      materials  will  not  by itself create a violation of subdivision one of
      this section or a right to disclaim authorship under subdivision two  of
      this  section;  provided  such  alteration,  defacement,  mutilation  or
      modification was not the result of gross negligence  in  maintaining  or
      protecting the work of fine art.
        (b) In the case of a reproduction, a change that is an ordinary result
      of  the  medium of reproduction does not by itself create a violation of
      subdivision one of this section or a right to disclaim authorship  under
      subdivision two of this section.
        (c)  Conservation  shall  not  constitute  an  alteration, defacement,
      mutilation or modification within the meaning of  this  section,  unless
      the conservation work can be shown to be negligent.
        (d)  This  section shall not apply to work prepared under contract for
      advertising or trade use unless the contract so provides.
        (e) The provisions of this section shall apply only to works  of  fine
      art  or  limited edition multiples of not more than three hundred copies
      knowingly displayed in a place accessible to the  public,  published  or
      reproduced in this state.
        4. (a) An artist aggrieved under subdivision one or subdivision two of
      this  section  shall  have  a  cause  of action for legal and injunctive
      relief.
        (b) No action may be maintained to enforce any  liability  under  this
      section  unless  brought  within three years of the act complained of or
      one year after the constructive discovery  of  such  act,  whichever  is
      longer.