NY Arts & Cult Aff L § 14.03 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title C - Transactions Involving Artists and Their Works Article 14 - Works of Fine Art; Sculpture and Multiples Generally 14.03 - Artists Authorship Rights.

§ 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  the public or publish a work of fine art or limited edition multiple of not more than three hundred copies by that artist or  a  reproduction thereof  in  an altered, defaced, mutilated or modified form if the work is displayed, published or reproduced as being the work of  the  artist, or  under  circumstances  under which it would reasonably be regarded as being the work of the artist, and damage to the artist's  reputation  is reasonably  likely  to  result therefrom, except that this section shall not apply to sequential imagery such as that in motion pictures.   2. (a) Except as limited by subdivision three  of  this  section,  the artist  shall retain at all times the right to claim authorship, or, for just and valid reason, to disclaim authorship of such work. The right to claim authorship shall include the right of the artist to  have  his  or her  name  appear  on or in connection with such work as the artist. The right to disclaim authorship shall include the right of  the  artist  to prevent  his  or  her  name from appearing on or in connection with such work as the artist. Just and valid  reason  for  disclaiming  authorship shall  include  that  the  work  has been altered, defaced, mutilated or modified other than by the artist, without  the  artist's  consent,  and damage  to the artist's reputation is reasonably likely to result or has resulted therefrom.  (b) The rights created by this subdivision shall exist in addition  to any  other  rights  and  duties  which  may  now  or  in  the  future be applicable.   3. (a) Alteration, defacement, mutilation or modification of such work resulting from the passage  of  time  or  the  inherent  nature  of  the materials  will  not  by itself create a violation of subdivision one of this section or a right to disclaim authorship under subdivision two  of this  section;  provided  such  alteration,  defacement,  mutilation  or modification was not the result of gross negligence  in  maintaining  or protecting the work of fine art.  (b) In the case of a reproduction, a change that is an ordinary result of  the  medium of reproduction does not by itself create a violation of subdivision one of this section or a right to disclaim authorship  under subdivision two of this section.  (c)  Conservation  shall  not  constitute  an  alteration, defacement, mutilation or modification within the meaning of  this  section,  unless the conservation work can be shown to be negligent.  (d)  This  section shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.  (e) The provisions of this section shall apply only to works  of  fine art  or  limited edition multiples of not more than three hundred copies knowingly displayed in a place accessible to the  public,  published  or reproduced in this state.   4. (a) An artist aggrieved under subdivision one or subdivision two of this  section  shall  have  a  cause  of action for legal and injunctive relief.  (b) No action may be maintained to enforce any  liability  under  this section  unless  brought  within three years of the act complained of or one year after the constructive discovery  of  such  act,  whichever  is longer.