TITLE 42

State Affairs and Government

CHAPTER 42-75.2

Allocation for Art for Public Facilities Act

SECTION 42-75.2-8



   § 42-75.2-8  Artist's rights. –

(a) The state receives the rights to sole ownership and public display of all

art acquired under this chapter, subject to the following intangible rights

retained by the artist:



   (1) The right to claim authorship of the work of art;



   (2) The right to reproduce the work of art, including all

rights to which the work of art may be subject under copyright laws, including,

but not limited to, derivative and publishing rights, but excluding the right

to public display. The rights may be limited by written contract;



   (3) If provided by written contract, the right to receive a

specified percentage of the proceeds if the work of art is subsequently sold by

the state to a third party other than as part of the sale of the building in

which the work of art is located; and



   (4) If agreed between the state and the artist, the artist

may extend to his or her heirs, assignees or personal representatives any of

the above rights until the end of the twentieth year following the death of the

artist.



   (b) The artist retains as absolute the following rights:



   (1) The right to have the artist's name associated with the

work; and



   (2) The right to prevent degradation, mutilation, or

aesthetic ruining of the work.



   (c) Prior to the execution of a contract for artwork to be

acquired pursuant to this chapter, the artist shall be informed in writing of

the rights specified in subsections (a) and (b).



History of Section.

(P.L. 1987, ch. 339, § 1.)