N.Y. ACA Law § 14.03 — New York Code / Act ACA / Title C / Article 14 / Section 14.03
Artists authorship rights
Status: in_force

§ 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\nto the public or publish a work of fine art or limited edition multiple\nof not more than three hundred copies by that artist or a reproduction\nthereof in an altered, defaced, mutilated or modified form if the work\nis displayed, published or reproduced as being the work of the artist,\nor under circumstances under which it would reasonably be regarded as\nbeing the work of the artist, and damage to the artist's reputation is\nreasonably likely to result therefrom, except that this section shall\nnot apply to sequential imagery such as that in motion pictures.\n  2. (a) Except as limited by subdivision three of this section, the\nartist shall retain at all times the right to claim authorship, or, for\njust and valid reason, to disclaim authorship of such work. The right to\nclaim authorship shall include the right of the artist to have his or\nher name appear on or in connection with such work as the artist. The\nright to disclaim authorship shall include the right of the artist to\nprevent his or her name from appearing on or in connection with such\nwork as the artist. Just and valid reason for disclaiming authorship\nshall include that the work has been altered, defaced, mutilated or\nmodified other than by the artist, without the artist's consent, and\ndamage to the artist's reputation is reasonably likely to result or has\nresulted therefrom.\n  (b) The rights created by this subdivision shall exist in addition to\nany other rights and duties which may now or in the future be\napplicable.\n  3. (a) Alteration, defacement, mutilation or modification of such work\nresulting from the passage of time or the inherent nature of the\nmaterials will not by itself create a violation of subdivision one of\nthis section or a right to disclaim authorship under subdivision two of\nthis section; provided such alteration, defacement, mutilation or\nmodification was not the result of gross negligence in maintaining or\nprotecting the work of fine art.\n  (b) In the case of a reproduction, a change that is an ordinary result\nof the medium of reproduction does not by itself create a violation of\nsubdivision one of this section or a right to disclaim authorship under\nsubdivision two of this section.\n  (c) Conservation shall not constitute an alteration, defacement,\nmutilation or modification within the meaning of this section, unless\nthe conservation work can be shown to be negligent.\n  (d) This section shall not apply to work prepared under contract for\nadvertising or trade use unless the contract so provides.\n  (e) The provisions of this section shall apply only to works of fine\nart or limited edition multiples of not more than three hundred copies\nknowingly displayed in a place accessible to the public, published or\nreproduced in this state.\n  4. (a) An artist aggrieved under subdivision one or subdivision two of\nthis section shall have a cause of action for legal and injunctive\nrelief.\n  (b) No action may be maintained to enforce any liability under this\nsection unless brought within three years of the act complained of or\none year after the constructive discovery of such act, whichever is\nlonger.\n