N.Y. Arts and Cultural Affairs Law § 14.03: Artists authorship rights

§ 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.