Section 15.10. Information required for sculptures  


Latest version.
  • 1.  The  following
      information shall be supplied as indicated in a written instrument as to
      each multiple produced, fabricated or carved, on or after January first,
      nineteen hundred ninety-one:
        (a) Artist. State the name of the artist.
        (b) Title. State the title of the sculpture.
        (c) Foundry. State the name, if known, of the foundry which or  person
      who produced, fabricated or carved the sculpture.
        (d)  Medium.  Describe  the  medium  or  process used in producing the
      multiple. If an established term, in accordance with the  usage  of  the
      trade,  cannot be employed accurately to describe the medium or process,
      a brief, clear description shall be made.
        (e) Dimensions. State the dimensions of the sculpture.
        (f) Time produced. State the year the sculpture was  cast,  fabricated
      or carved.
        (g) Number cast. State the number of sculpture casts, according to the
      best  information  available, produced or fabricated or carved as of the
      date of the sale.
        (h) If the purported artist was deceased at the time the sculpture was
      produced, this shall be stated.
        (i) Use of master. State whether the sculpture is  authorized  by  the
      artist  or,  if  produced  after  the  artist's  death,  whether  it was
      authorized in writing by the artist or by the  estate,  heirs  or  other
      legal  representatives  of  the artist. In the event of a sale after the
      initial sale, the art merchant may disclose in writing evidence of  such
      reasonable  inquiries  as  have been made pursuant to subdivision two of
      section 15.15 of this article and any information  imparted  as  may  be
      relevant in fulfilling the intent of this paragraph.
        2.   For limited edition sculpture produced on or after January first,
      nineteen hundred ninety-one, in addition to the information required  to
      be  provided  pursuant to subdivision one of this section, the following
      items of information shall also  be  provided  to  the  purchaser  in  a
      written instrument:
        (a) whether and how the sculpture and the edition is numbered;
        (b)  the  size  of the edition or proposed edition and the size of any
      prior edition or editions of the same sculpture, regardless of the color
      or material used;
        (c) whether additional sculpture casts have been produced in excess of
      the stated size of the edition or proposed edition and, if so, the total
      number of such excess casts produced or  proposed  to  be  produced  and
      whether  and  how  they  are or will be numbered according to the stated
      intention of the artist or a statement that the artist has not disclosed
      his intention about the number of additional casts or  their  numbering.
      Additional  sculpture casts shall include all casts from the same master
      regardless of their color, material or size; and
        (d) whether the artist has stated  in  writing  a  limitation  on  the
      number  of  additional  sculpture  casts to be produced in excess of the
      stated size of the edition or proposed edition and,  if  so,  the  total
      number  of  such  excess  casts  produced or proposed to be produced and
      whether and how they are or will be numbered  according  to  the  stated
      intention   of   the   artist  or  the  estate,  heirs  or  other  legal
      representatives of the artist or a statement that  the  artist  has  not
      disclosed  his  intention  about the number of additional casts or their
      numbering. Additional sculpture casts shall include all casts  from  the
      same master regardless of their color, material or size.
        3.    For  copies  of  sculpture not made from the master and produced
      after January first, nineteen hundred ninety-one,  in  addition  to  the
      information required to be provided pursuant to subdivisions one and two
    
      of  this  section,  the  following  items  of  information shall also be
      provided to the purchaser in a written instrument:
        (a) the means by which the copy was made;
        (b) whether the copy was authorized by the artist or the estate, heirs
      or other legal representatives of the artist; and
        (c) whether the copy is of the same material and size as the master.