N.Y. ACA Law § 15.01 — New York Code / Act ACA / Title C / Article 15 / Section 15.01
Full disclosure in the sale of certain visual art objects produced in multiples
Status: in_force

§ 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 event\nprior to a sale or consignment, which sets forth as to each multiple the\ndescriptive information required by this article for the appropriate\ntime period. If a prospective purchaser so requests, the information\nshall be transmitted to him prior to the payment or placing of an order\nfor a multiple. If payment is made by a purchaser prior to delivery of\nsuch an art multiple, this information shall be supplied at the time of\nor prior to delivery. With respect to auctions, this information may be\nfurnished in catalogues or other written materials which are readily\navailable for consultation and purchase prior to sale, provided that a\nbill of sale, receipt or invoice describing the transaction is then\nprovided which makes reference to the catalogue and lot number in which\nsuch information is supplied. Information supplied pursuant to this\nsubdivision shall be clearly, specifically and distinctly addressed to\neach item as required by this article for any time period unless the\nrequired data is not applicable. This section is applicable to\ntransactions by and between merchants, non-merchants, and others\nconsidered art merchants for the purposes of this article.\n  2. An art merchant shall not cause a catalogue, prospectus, flyer or\nother written material or advertisement to be distributed in, into or\nfrom this state which solicits a direct sale, by inviting transmittal of\npayment for a specific multiple, unless it clearly sets forth, in close\nphysical proximity to the place in such material where the multiple is\ndescribed, the descriptive information required by this article for the\nappropriate time period. In lieu of this required information, such\nwritten material or advertising may set forth the material contained in\nthe following quoted passage, or the passage itself, containing terms\nthe nonobservance of which shall constitute a violation of this article,\nif the art merchant then supplies the required information prior to or\nwith delivery of the multiple:\n  "Article fifteen of the New York arts and cultural affairs law\nprovides for disclosure in writing of certain information concerning\nmultiples of prints and photographs when sold for more than one hundred\ndollars ($100) each, exclusive of any frame, and of sculpture when sold\nfor more than fifteen hundred dollars, prior to effecting a sale of\nthem. This law requires disclosure of such matters as the identity of\nthe artist, the artist's signature, the medium, whether the multiple is\na reproduction, the time when the multiple was produced, use of the\nmaster which produced the multiple, and the number of multiples in a\n'limited edition'. If a prospective purchaser so requests, the\ninformation shall be transmitted to him prior to payment or the placing\nof an order for a multiple. If payment is made by a purchaser prior to\ndelivery of such an art multiple, this information will be supplied at\nthe time of or prior to delivery, in which case the purchaser is\nentitled to a refund if, for reasons related to matter contained in such\ninformation, he returns the multiple substantially in the condition in\nwhich received, within thirty days of receiving it. In addition, if\nafter payment and delivery, it is ascertained that the information\nprovided is incorrect the purchaser may be entitled to certain\nremedies."\n  This requirement is not applicable to general written material or\nadvertising which does not constitute an offer to effect a specific\nsale.\n  3. In each place of business in the state where an art merchant is\nregularly engaged in sales of multiples, the art merchant shall post in\na conspicuous place, a sign which, in a legible format, contains the\ninformation included in the following passage:\n  "Article fifteen of the New York arts and cultural affairs law\nprovides for the disclosure in writing of certain information concerning\nprints, photographs and sculpture. This information is available to you\nin accordance with that law."\n