N.Y. Arts and Cultural Affairs Law § 14.01: Right to reproduce works of fine art

§ 14.01. Right to reproduce works of fine art. 1. Whenever a work of

fine art is sold or otherwise transferred by or on behalf of the artist

who created it, or his heirs or personal representatives, the

reproduction right thereto is reserved to the grantor until it passes

into the public domain by act or operation of law unless such right is

sooner expressly transferred by an instrument, note or memorandum in

writing signed by the owner of the rights conveyed or his duly

authorized agent.

2. Whenever an exclusive or non-exclusive conveyance of any

reproduction right is made by the holder of such right, or his duly

authorized agent, ownership of the physical work of fine art shall be

presumed to remain with and be reserved to the grantor unless expressly

transferred in writing by an instrument, note or memorandum or by other

written means, signed by the grantor or his duly authorized agent.

3. This article shall not apply to the sale, conveyance, donation or

other transfer of the physical work of fine art which does not include a

conveyance of a reproduction right in such work.

4. Nothing herein contained, however, shall be construed to prohibit

the fair use of such work of fine art.

5. Nothing in this section shall operate or be construed to conflict

with any rights or liabilities under federal copyright law.