Title ACA, Arts and Cultural Affairs

§ 1.01. Short title. This chapter shall be known as the "arts and\ncultural affairs law" and may be cited as such.\n

§ 10.01. Legislative findings and declaration of intent. The\nlegislature hereby finds and declares that the Hudson river area of New\nYork state, which includes that area of the state adjacent to the Hudson\nriver and extending from the Adirondack Mountains to the tip of\nManha…

§ 10.03. Definitions. Except as otherwise provided herein and unless\nthe context shall otherwise require, as used in this article:\n 1. "Hudson river area" or "Hudson river valley" means the Hudson river\nand adjacent areas between the Adirondack Mountains and the tip of\nManha…

§ 10.05. Institute for the Hudson River Collection; creation; board of\ndirectors; governance. 1. The Institute for the Hudson River Collection\nis hereby established under the jurisdiction of the New York state\nmuseum of the state education department.\n 2. The institute shall…

§ 10.07. Objectives. The Institute for the Hudson River Collection\nshall:\n 1. Take steps to develop, enhance, stimulate and facilitate public and\nprivate study and appreciation and interpretation of the heritage,\nlegacy and patrimony of the Hudson river area.\n 2. Support re…

§ 10.09. Reports. Not later than February first of each year the\ninstitute shall report to the governor and the legislature on the needs,\nopportunities and priorities for development of its programs.\n

§ 10.11. Assistance of other agencies. The institute may request and\nshall receive from any state agency or political subdivision of the\nstate, and the same are authorized to provide, such assistance and\ninformation as will enable it to carry out its purposes and duties\npurs…

§ 10.13. Additional considerations in fulfilling its responsibilities.\nIn fulfilling its responsibilities under this article, the institute\nshall additionally:\n 1. Give consideration to the likelihood of any project undertaken to\nattract or enhance tourism through a greater …

§ 11.01. Definitions. As used in this title:\n 1. "Artist" means the creator of a work of fine art or, in the case of\nmultiples, the person who conceived or created the image which is\ncontained in or which constitutes the master from which the individual\nprint was made.\n 2. …

§ 12.01. Artist-art merchant relationships. 1. Notwithstanding any\ncustom, practice or usage of the trade, any provision of the uniform\ncommercial code or any other law, statute, requirement or rule, or any\nagreement, note, memorandum or writing to the contrary:\n (a) Wheneve…

§ 12.03. Exemption from seizure. No process of attachment, execution,\nsequestration, replevin, distress or any kind of seizure shall be served\nor levied upon any work of fine art while the same is enroute to or\nfrom, or while on exhibition or deposited by a nonresident exhibi…

§ 13.01. Express warranties. Notwithstanding any provision of any\nother law to the contrary:\n 1. Whenever an art merchant, in selling or exchanging a work of fine\nart, furnishes to a buyer of such work who is not an art merchant a\ncertificate of authenticity or any similar w…

§ 13.03. Falsifying certificates of authenticity or any similar\nwritten instrument. A person who, with intent to defraud, deceive or\ninjure another, makes, utters or issues a certificate of authenticity or\nany similar written instrument for a work of fine art attesting to\nma…

§ 13.05. Express warranties for multiples. 1. When an art merchant\nfurnishes the name of the artist of a multiple, or otherwise furnishes\ninformation required by this title for any time period as to\ntransactions including offers, sales or consignments, the provisions of\nsect…

§ 13.07. Construction. 1. The rights and liabilities created by this\narticle shall be construed to be in addition to and not in substitution,\nexclusion or displacement of other rights and liabilities provided by\nlaw, including the law of principal and agent, except where such…

§ 14.01. Right to reproduce works of fine art. 1. Whenever a work of\nfine art is sold or otherwise transferred by or on behalf of the artist\nwho created it, or his heirs or personal representatives, the\nreproduction right thereto is reserved to the grantor until it passes\nin…

§ 14.03. Artists authorship rights. 1. Except as limited by\nsubdivision three of this section, on and after January first, nineteen\nhundred eighty-five, no person other than the artist or a person acting\nwith the artist's consent shall knowingly display in a place accessible\…

§ 14.05. Sculpture; identifying mark. 1. Every sculpture produced,\nfabricated or carved in or from this state after January first, nineteen\nhundred ninety-one shall contain thereon, in a clear and legible fashion\nand in an easily accessible location, a distinctive mark which\…

§ 14.06. Sculpture; written records. 1. Any foundry or person in this\nstate producing one or more sculptures for any person subsequent to the\neffective date of this article shall prepare, and maintain for a period\nof not less than twenty-five years from the date of such produ…

§ 14.07. Sculpture; unauthorized cast. 1. For purposes of this section\nan "unauthorized sculpture cast" shall mean any sculpture created by an\nartist which is produced, fabricated, or carved either before or\nfollowing the death of such artist without the written permission of…

§ 14.08. Violations. Any violation of the provisions of section 14.05,\n14.06 or 14.07 of this article may be enforced by the attorney general\nin accordance with the provisions of section 15.17 of this chapter.\n

§ 15.01. Full disclosure in the sale of certain visual art objects\nproduced in multiples. 1. An art merchant shall not sell or consign a\nmultiple in, into or from this state unless a written instrument is\nfurnished to the purchaser or consignee, at his request, or in any even…

§ 15.03. Information required. The following information shall be\nsupplied, as indicated, as to each multiple produced on or after January\nfirst, nineteen hundred eighty-two:\n 1. Artist. State the name of the artist.\n 2. Signature. If the artist's name appears on the multipl…

§ 15.05. Information required; nineteen hundred fifty to January\nfirst, nineteen hundred eighty-two. The information which shall be\nsupplied as to each multiple produced during the period from nineteen\nhundred fifty to January first, nineteen hundred eighty-two, shall\nconsis…

§ 15.07. Information required; nineteen hundred to nineteen hundred\nforty-nine. The information which shall be supplied as to each multiple\nproduced during the period from nineteen hundred through nineteen\nhundred forty-nine shall consist of the information required by sectio…

§ 15.09. Information required; pre-nineteen hundred. The information\nwhich shall be supplied as to each multiple produced prior to nineteen\nhundred shall consist of the information required by section 15.03 of\nthis article except for subdivision two, paragraphs (b), (c) and (…

§ 15.10. Information required for sculptures. 1. The following\ninformation shall be supplied as indicated in a written instrument as to\neach multiple produced, fabricated or carved, on or after January first,\nnineteen hundred ninety-one:\n (a) Artist. State the name of the ar…

§ 15.11. Express warranties. Information provided pursuant to the\nprovisions of this article shall create an express warranty pursuant to\nsection 13.05 of this title. When such information is not supplied\nbecause not applicable, this shall constitute an express warranty that\…

§ 15.13. Construction. 1. The rights, liabilities and remedies created\nby this article shall be construed to be in addition to and not in\nsubstitution, exclusion or displacement of other rights, liabilities and\nremedies provided by law, except where such construction would, a…

§ 15.15. Remedies and enforcement. 1. An art merchant, including a\nmerchant consignee, who offers or sells a multiple in, into or from this\nstate without providing the information required by this article for the\nappropriate time period, or who provides required information w…

§ 15.17. Enjoining violations. Any violation of this article or of\nsection 14.05, 14.06 or 14.07 of this chapter shall be deemed to be\nunlawful for the purposes of invoking sections three hundred forty-nine\nand three hundred fifty of article twenty-two-A of the general busine…

§ 15.19. Application of the article. This article shall apply to the\nvisual art objects governed by this article which are sold, offered for\nsale, consigned or possessed with intent to sell in, into or from this\nstate. With respect to such multiples compliance with this artic…

§ 16.01. Severability. Effect of unconstitutionality in part. If any\nclause, sentence, paragraph, subdivision, section or part of this title\nshall be adjudged by any court of competent jurisdiction to be invalid,\nsuch judgment shall not affect, impair or invalidate the remain…

§ 19.01. Fireproof booth for cinematograph or any other apparatus for\nprojecting moving pictures. No cinematograph or any other apparatus for\nprojecting moving pictures, save as excepted in sections 19.05 and 19.09\nof this article, which apparatus uses combustible films of mo…

§ 19.03. Construction of booth; approval of plans and specifications.\nThe booths provided for in section 19.01 of this article shall be\nconstructed according to plans and specifications which shall have been\nfirst approved, in a city, by the mayor or chief executive officer o…

§ 19.05. This article not retroactive under certain conditions.\nSections 19.01 and 19.03 of this article shall not be retroactive for\nany booth approved by the appropriate public authority or official prior\nto March third, nineteen hundred forty-one, provided such booth have …

§ 19.07. Inspection; certificate for permanent booths. After the\nconstruction of such booth shall have been completed, the public officer\ncharged herein with the duty of passing upon the plans and\nspecifications therefor shall within three days after receipt of notice\nin wri…

§ 19.09. Portable booth for temporary exhibitions. Where motion\npictures are exhibited daily for not more than one month, or not more\noften than three times a week, in educational or religious institutions\nor bona fide social, scientific, political or athletic clubs, a portab…

§ 19.11. Exemption and requirements for miniature cinematograph\nmachines. The above sections, 19.01, 19.03, 19.05, 19.07 and 19.09,\nreferring to permanent and portable booths, shall not apply to:\n 1. Any miniature motion picture machine in which the maximum electric\ncurrent …

§ 19.13. Inspection; certificate for portable booths and miniature\ncinematograph machines. Before moving pictures shall be exhibited with\na portable booth, under section 19.09 of this article, and before a\nminiature machine without a booth shall be used as prescribed in secti…

§ 19.15. Penalty for violating this article. The violation of any of\nthe provisions of this article shall constitute a misdemeanor. This\narticle shall not apply to cities which have local laws or ordinances\nnow in force which provide for fireproof booths of any kind for movin…

§ 20.01. Short title. This act shall be known and may be cited as the\n"New York State Cultural Resources Act".\n

§ 20.03. General definitions. As used or referred to in this article\nand in any special law creating a trust for cultural resources, except\nas otherwise provided in such law, the following terms shall have the\nfollowing meanings:\n 1. "Board" or "board of trustees" shall mean…

§ 20.05. Legislative findings and determinations, and statement of\npurposes. 1. The legislature hereby finds, determines and declares:\n (a) that cultural institutions in the state promote public interest in\nand knowledge of the arts and other cultural activities; attract arti…

§ 20.07. Creation and purposes of a trust. 1. A trust shall be created\nby a special law as a corporate governmental agency and a public benefit\ncorporation, constituting a political subdivision of the state. A trust\nand its corporate existence shall continue until terminated …

§ 20.09. Administration of a trust. 1. A trust shall be administered\nby a board of trustees, all of whom shall be appointed as provided by\nspecial law. The number of trustees, their qualifications, and the\nduration of their respective terms of office shall be set forth in the…

§ 20.11. General powers of a trust. In addition to the other powers\nconferred by this article and by special law, a trust shall have the\nfollowing general powers:\n 1. to sue and be sued,\n 2. to have a seal and alter the same at pleasure,\n 3. to make and execute contracts an…

§ 20.13. Special powers of a trust. 1. A trust shall have such\nspecial powers with respect to assisting participating cultural\ninstitutions or other not-for-profit cultural organizations as are\nprovided by special law; provided, that a trust may not develop or cause\nto be de…

§ 20.15. Resources of a trust. 1. A trust may receive, accept, invest,\nadminister, expend and disburse for its corporate purposes, including\nwithout limitation the operation and administration of the trust, any\nrevenues and monies made available or to be made available to it …

§ 20.17. Bonds and notes of a trust. 1. A trust shall have the power\nand is hereby authorized to issue from time to time its bonds and notes\nin such principal amounts as the trust shall determine to be necessary\nfor achieving any of its corporate purposes, including: (a) the …