N.Y. Arts and Cultural Affairs Law § 15.01: Full disclosure in the sale of certain visual art objects produced in multiples

§ 15.01. Full disclosure in the sale of certain visual art objects

produced in multiples. 1. An art merchant shall not sell or consign a

multiple in, into or from this state unless a written instrument is

furnished to the purchaser or consignee, at his request, or in any event

prior to a sale or consignment, which sets forth as to each multiple the

descriptive information required by this article for the appropriate

time period. If a prospective purchaser so requests, the information

shall be transmitted to him prior to the payment or placing of an order

for a multiple. If payment is made by a purchaser prior to delivery of

such an art multiple, this information shall be supplied at the time of

or prior to delivery. With respect to auctions, this information may be

furnished in catalogues or other written materials which are readily

available for consultation and purchase prior to sale, provided that a

bill of sale, receipt or invoice describing the transaction is then

provided which makes reference to the catalogue and lot number in which

such information is supplied. Information supplied pursuant to this

subdivision shall be clearly, specifically and distinctly addressed to

each item as required by this article for any time period unless the

required data is not applicable. This section is applicable to

transactions by and between merchants, non-merchants, and others

considered art merchants for the purposes of this article.

2. An art merchant shall not cause a catalogue, prospectus, flyer or

other written material or advertisement to be distributed in, into or

from this state which solicits a direct sale, by inviting transmittal of

payment for a specific multiple, unless it clearly sets forth, in close

physical proximity to the place in such material where the multiple is

described, the descriptive information required by this article for the

appropriate time period. In lieu of this required information, such

written material or advertising may set forth the material contained in

the following quoted passage, or the passage itself, containing terms

the nonobservance of which shall constitute a violation of this article,

if the art merchant then supplies the required information prior to or

with delivery of the multiple:

"Article fifteen of the New York arts and cultural affairs law

provides for disclosure in writing of certain information concerning

multiples of prints and photographs when sold for more than one hundred

dollars ($100) each, exclusive of any frame, and of sculpture when sold

for more than fifteen hundred dollars, prior to effecting a sale of

them. This law requires disclosure of such matters as the identity of

the artist, the artist's signature, the medium, whether the multiple is

a reproduction, the time when the multiple was produced, use of the

master which produced the multiple, and the number of multiples in a

'limited edition'. If a prospective purchaser so requests, the

information shall be transmitted to him prior to payment or the placing

of an order for a multiple. If payment is made by a purchaser prior to

delivery of such an art multiple, this information will be supplied at

the time of or prior to delivery, in which case the purchaser is

entitled to a refund if, for reasons related to matter contained in such

information, he returns the multiple substantially in the condition in

which received, within thirty days of receiving it. In addition, if

after payment and delivery, it is ascertained that the information

provided is incorrect the purchaser may be entitled to certain

remedies."

This requirement is not applicable to general written material or

advertising which does not constitute an offer to effect a specific

sale.

3. In each place of business in the state where an art merchant is

regularly engaged in sales of multiples, the art merchant shall post in

a conspicuous place, a sign which, in a legible format, contains the

information included in the following passage:

"Article fifteen of the New York arts and cultural affairs law

provides for the disclosure in writing of certain information concerning

prints, photographs and sculpture. This information is available to you

in accordance with that law."