Arts and Cultural Affairs - Transactions Involving Artists and Their Works - Works of Fine Art; Sculpture and Multiples Generally - Artists authorship rights

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§ 14.03. Artists authorship rights. 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.