N.Y. ACA Law § 11.01 — New York Code / Act ACA / Title C / Article 11 / Section 11.01
Definitions
Status: in_force

§ 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. "Art merchant" means a person who is in the business of dealing,\nexclusively or non-exclusively, in works of fine art or multiples, or a\nperson who by his occupation holds himself out as having knowledge or\nskill peculiar to such works, or to whom such knowledge or skill may be\nattributed by his employment of an agent or other intermediary who by\nhis occupation holds himself out as having such knowledge or skill. The\nterm "art merchant" includes an auctioneer who sells such works at\npublic auction, and except in the case of multiples, includes persons,\nnot otherwise defined or treated as art merchants herein, who are\nconsignors or principals of auctioneers.\n  3. "Author" or "authorship" refers to the creator of a work of fine\nart or multiple or to the period, culture, source or origin, as the case\nmay be, with which the creation of such work is identified in the\ndescription of the work.\n  4. "Creditors" means "creditor" as defined in paragraph thirteen of\nsubsection (b) of section 1--201 of the uniform commercial code.\n  5. "Counterfeit" means a work of fine art or multiple made, altered or\ncopied, with or without intent to deceive, in such manner that it\nappears or is claimed to have an authorship which it does not in fact\npossess.\n  6. "Certificate of authenticity" means a written statement by an art\nmerchant confirming, approving or attesting to the authorship of a work\nof fine art or multiple, which is capable of being used to the advantage\nor disadvantage of some person.\n  7. "Conservation" means acts taken to correct deterioration and\nalteration and acts taken to prevent, stop or retard deterioration.\n  8. "Craft" means a functional or non-functional work individually\ndesigned, and crafted by hand, in any medium including but not limited\nto textile, tile, paper, clay, glass, fiber, wood, metal or plastic;\nprovided, however, that if produced in multiples, craft shall not\ninclude works mass produced or produced in other than a limited edition.\n  9. "Fine art" means a painting, sculpture, drawing, or work of graphic\nart, and print, but not multiples.\n  10. "Limited edition" means works of art produced from a master, all\nof which are the same image and bear numbers or other markings to denote\nthe limited production thereof to a stated maximum number of multiples,\nor are otherwise held out as limited to a maximum number of multiples.\n  11. "Master" when used alone is used in lieu of and means the same as\nsuch things as printing plate, stone, block, screen, photographic\nnegative or other like material which contains an image used to produce\nvisual art objects in multiples, or in the case of sculptures, a mold,\nmodel, cast, form or other prototype, other than from glass, which\nadditional multiples of sculpture are produced, fabricated or carved.\n  12. "On consignment" means that no title to, estate in, or right to\npossession of, the work of fine art or multiple that is superior to that\nof the consignor vests in the consignee, notwithstanding the consignee's\npower or authority to transfer or convey all the right, title and\ninterest of the consignor, in and to such work, to a third person.\n  13. "Person" means an individual, partnership, corporation,\nassociation or other group, however organized.\n  14. "Print" in addition to meaning a multiple produced by, but not\nlimited to, such processes as engraving, etching, woodcutting,\nlithography and serigraphy, also means multiples produced or developed\nfrom photographic negatives, or any combination thereof.\n  15. "Proofs" means multiples which are the same as, and which are\nproduced from the same masters as, the multiples in a limited edition,\nbut which, whether so designated or not, are set aside from and are in\naddition to the limited edition to which they relate.\n  16. "Reproduction" means a copy, in any medium, of a work of fine art,\nthat is displayed or published under circumstances that, reasonably\nconstrued, evinces an intent that it be taken as a representation of a\nwork of fine art as created by the artist.\n  17. "Reproduction right" means a right to reproduce, prepare\nderivative works of, distribute copies of, publicly perform or publicly\ndisplay a work of fine art.\n  18. "Sculpture" means a three-dimensional fine art object produced,\nfabricated or carved in multiple from a mold, model, cast, form or other\nprototype, other than from glass, sold, offered for sale or consigned\nin, into or from this state for an amount in excess of fifteen hundred\ndollars.\n  19. "Signed" means autographed by the artist's own hand, and not by\nmechanical means of reproduction, after the multiple was produced,\nwhether or not the master was signed or unsigned.\n  20. "Successor in interest" shall mean a "personal representative",\n"testamentary beneficiary", trustee or beneficiary of a "lifetime trust"\nor an "heir" (including heirs who acquire the work of fine art, craft or\nprint from the artist or craftsperson or from another heir or\nbeneficiary of the artist or craftsperson), which terms shall have the\nsame meanings as set forth in the estates, powers and trusts law.\n  21. "Visual art multiples" or "multiples" means prints, photographs,\npositive or negative, sculpture and similar art objects produced in more\nthan one copy and sold, offered for sale or consigned in, into or from\nthis state for an amount in excess of one hundred dollars exclusive of\nany frame or in the case of sculpture, an amount in excess of fifteen\nhundred dollars. Pages or sheets taken from books and magazines and\noffered for sale or sold as visual art objects shall be included, but\nbooks and magazines are excluded.\n  22. "Written instrument" means a written or printed agreement, bill of\nsale, invoice, certificate of authenticity, catalogue or any other\nwritten or printed note or memorandum or label describing the work of\nfine art or multiple which is to be sold, exchanged or consigned by an\nart merchant.\n