Title ACA, Arts and Cultural Affairs

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

§ 10.01. Legislative findings and declaration of intent. The legislature hereby finds and declares that the Hudson river area of New York state, which includes that area of the state adjacent to the Hudson river and extending from the Adirondack Mountains to the tip of Manhattan…

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

§ 10.05. Institute for the Hudson River Collection; creation; board of directors; governance. 1. The Institute for the Hudson River Collection is hereby established under the jurisdiction of the New York state museum of the state education department. 2. The institute shall cons…

§ 10.07. Objectives. The Institute for the Hudson River Collection shall: 1. Take steps to develop, enhance, stimulate and facilitate public and private study and appreciation and interpretation of the heritage, legacy and patrimony of the Hudson river area. 2. Support research,…

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

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

§ 10.13. Additional considerations in fulfilling its responsibilities. In fulfilling its responsibilities under this article, the institute shall additionally: 1. Give consideration to the likelihood of any project undertaken to attract or enhance tourism through a greater appre…

§ 11.01. Definitions. As used in this title: 1. "Artist" means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. 2. "Art me…

§ 12.01. Artist-art merchant relationships. 1. Notwithstanding any custom, practice or usage of the trade, any provision of the uniform commercial code or any other law, statute, requirement or rule, or any agreement, note, memorandum or writing to the contrary: (a) Whenever an …

§ 12.03. Exemption from seizure. No process of attachment, execution, sequestration, replevin, distress or any kind of seizure shall be served or levied upon any work of fine art while the same is enroute to or from, or while on exhibition or deposited by a nonresident exhibitor…

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

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

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

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

§ 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 t…

§ 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 …

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

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

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

§ 14.08. Violations. Any violation of the provisions of section 14.05, 14.06 or 14.07 of this article may be enforced by the attorney general in accordance with the provisions of section 15.17 of this chapter.

§ 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 p…

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

§ 15.05. Information required; nineteen hundred fifty to January first, nineteen hundred eighty-two. The information which shall be supplied as to each multiple produced during the period from nineteen hundred fifty to January first, nineteen hundred eighty-two, shall consist of…

§ 15.07. Information required; nineteen hundred to nineteen hundred forty-nine. The information which shall be supplied as to each multiple produced during the period from nineteen hundred through nineteen hundred forty-nine shall consist of the information required by section 1…

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

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

§ 15.11. Express warranties. Information provided pursuant to the provisions of this article shall create an express warranty pursuant to section 13.05 of this title. When such information is not supplied because not applicable, this shall constitute an express warranty that suc…

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

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

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

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

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

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

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

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

§ 19.07. Inspection; certificate for permanent booths. After the construction of such booth shall have been completed, the public officer charged herein with the duty of passing upon the plans and specifications therefor shall within three days after receipt of notice in writing…

§ 19.09. Portable booth for temporary exhibitions. Where motion pictures are exhibited daily for not more than one month, or not more often than three times a week, in educational or religious institutions or bona fide social, scientific, political or athletic clubs, a portable …

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

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

§ 19.15. Penalty for violating this article. The violation of any of the provisions of this article shall constitute a misdemeanor. This article shall not apply to cities which have local laws or ordinances now in force which provide for fireproof booths of any kind for moving p…

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

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

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

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

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

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

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

§ 20.15. Resources of a trust. 1. A trust may receive, accept, invest, administer, expend and disburse for its corporate purposes, including without limitation the operation and administration of the trust, any revenues and monies made available or to be made available to it fro…

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