Section 15.01. Full disclosure in the sale of certain visual art objects produced in multiples  


Latest version.
  • 1. An art merchant shall not sell  or  consign  a  multiple  in,  into  or  from  this state unless a written instrument is
      furnished to the purchaser or consignee, at his request, or in any event
      prior to a sale or consignment, which sets forth as to each multiple the
      descriptive information required by this  article  for  the  appropriate
      time  period.  If  a  prospective purchaser so requests, the information
      shall be transmitted to him prior to the payment or placing of an  order
      for  a  multiple. If payment is made by a purchaser prior to delivery of
      such an art multiple, this information shall be supplied at the time  of
      or  prior to delivery. With respect to auctions, this information may be
      furnished in catalogues or other written  materials  which  are  readily
      available  for  consultation and purchase prior to sale, provided that a
      bill of sale, receipt or invoice  describing  the  transaction  is  then
      provided  which makes reference to the catalogue and lot number in which
      such information is supplied.  Information  supplied  pursuant  to  this
      subdivision  shall  be clearly, specifically and distinctly addressed to
      each item as required by this article for any  time  period  unless  the
      required   data  is  not  applicable.  This  section  is  applicable  to
      transactions  by  and  between  merchants,  non-merchants,  and   others
      considered art merchants for the purposes of this article.
        2.  An  art merchant shall not cause a catalogue, prospectus, flyer or
      other written material or advertisement to be distributed  in,  into  or
      from this state which solicits a direct sale, by inviting transmittal of
      payment  for a specific multiple, unless it clearly sets forth, in close
      physical proximity to the place in such material where the  multiple  is
      described,  the descriptive information required by this article for the
      appropriate time period. In lieu  of  this  required  information,  such
      written  material or advertising may set forth the material contained in
      the following quoted passage, or the passage  itself,  containing  terms
      the nonobservance of which shall constitute a violation of this article,
      if  the  art merchant then supplies the required information prior to or
      with delivery of the multiple:
        "Article fifteen of  the  New  York  arts  and  cultural  affairs  law
      provides  for  disclosure  in  writing of certain information concerning
      multiples of prints and photographs when sold for more than one  hundred
      dollars  ($100) each, exclusive of any frame, and of sculpture when sold
      for more than fifteen hundred dollars, prior  to  effecting  a  sale  of
      them.  This  law  requires disclosure of such matters as the identity of
      the artist, the artist's signature, the medium, whether the multiple  is
      a  reproduction,  the  time  when  the multiple was produced, use of the
      master which produced the multiple, and the number  of  multiples  in  a
      'limited   edition'.   If  a  prospective  purchaser  so  requests,  the
      information shall be transmitted to him prior to payment or the  placing
      of  an  order for a multiple. If payment is made by a purchaser prior to
      delivery of such an art multiple, this information will be  supplied  at
      the  time  of  or  prior  to  delivery,  in  which case the purchaser is
      entitled to a refund if, for reasons related to matter contained in such
      information, he returns the multiple substantially in the  condition  in
      which  received,  within  thirty  days  of receiving it. In addition, if
      after payment and delivery,  it  is  ascertained  that  the  information
      provided   is  incorrect  the  purchaser  may  be  entitled  to  certain
      remedies."   This requirement  is  not  applicable  to  general  written
      material  or  advertising which does not constitute an offer to effect a
      specific sale.
        3. In each place of business in the state where  an  art  merchant  is
      regularly  engaged in sales of multiples, the art merchant shall post in
    
      a conspicuous place, a sign which, in a  legible  format,  contains  the
      information included in the following passage:
        "Article  fifteen  of  the  New  York  arts  and  cultural affairs law
      provides for the disclosure in writing of certain information concerning
      prints, photographs and sculpture. This information is available to  you
      in accordance with that law."