NY Arts & Cult Aff L § 11.01 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title C - Transactions Involving Artists and Their Works Article 11 - Definitions 11.01 - Definitions.

§ 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  merchant"  means a person who is in the business of dealing,   exclusively or non-exclusively, in works of fine art or multiples, or  a   person  who  by  his occupation holds himself out as having knowledge or   skill peculiar to such works, or to whom such knowledge or skill may  be   attributed  by  his  employment of an agent or other intermediary who by   his occupation holds himself out as having such knowledge or skill.  The   term  "art  merchant"  includes  an  auctioneer  who sells such works at   public auction, and except in the case of multiples,  includes  persons,   not  otherwise  defined  or  treated  as  art  merchants herein, who are   consignors or principals of auctioneers.3. "Author" or "authorship" refers to the creator of a  work  of  fine   art or multiple or to the period, culture, source or origin, as the case   may  be,  with  which  the  creation  of  such work is identified in the   description of the work.4. "Creditors" means "creditor" as defined in  paragraph  thirteen  of   subsection (b) of section 1--201 of the uniform commercial code.5. "Counterfeit" means a work of fine art or multiple made, altered or   copied,  with  or  without  intent  to  deceive,  in such manner that it   appears or is claimed to have an authorship which it does  not  in  fact   possess.6.  "Certificate  of authenticity" means a written statement by an art   merchant confirming, approving or attesting to the authorship of a  work   of fine art or multiple, which is capable of being used to the advantage   or disadvantage of some person.7.  "Conservation"  means  acts  taken  to  correct  deterioration and   alteration and acts taken to prevent, stop or retard deterioration.8. "Craft" means a  functional  or  non-functional  work  individually   designed,  and  crafted by hand, in any medium including but not limited   to textile, tile, paper, clay, glass, fiber,  wood,  metal  or  plastic;   provided,  however,  that  if  produced  in  multiples,  craft shall not   include works mass produced or produced in other than a limited edition.9. "Fine art" means a painting, sculpture, drawing, or work of graphic   art, and print, but not multiples.10. "Limited edition" means works of art produced from a  master,  all   of which are the same image and bear numbers or other markings to denote   the  limited production thereof to a stated maximum number of multiples,   or are otherwise held out as limited to a maximum number of multiples.11. "Master" when used alone is used in lieu of and means the same  as   such  things  as  printing  plate,  stone,  block,  screen, photographic   negative or other like material which contains an image used to  produce   visual  art  objects in multiples, or in the case of sculptures, a mold,   model, cast, form or other  prototype,  other  than  from  glass,  which   additional multiples of sculpture are produced, fabricated or carved.12.  "On  consignment"  means that no title to, estate in, or right to   possession of, the work of fine art or multiple that is superior to that   of the consignor vests in the consignee, notwithstanding the consignee's   power or authority to transfer  or  convey  all  the  right,  title  and   interest of the consignor, in and to such work, to a third person.13.   "Person"   means   an   individual,   partnership,  corporation,   association or other group, however organized.14. "Print" in addition to meaning a multiple  produced  by,  but  not   limited   to,   such   processes  as  engraving,  etching,  woodcutting,    lithography and serigraphy, also means multiples produced  or  developed   from photographic negatives, or any combination thereof.15.  "Proofs"  means  multiples  which  are the same as, and which are   produced from the same masters as, the multiples in a  limited  edition,   but  which,  whether so designated or not, are set aside from and are in   addition to the limited edition to which they relate.16. "Reproduction" means a copy, in any medium, of a work of fine art,   that is displayed or  published  under  circumstances  that,  reasonably   construed,  evinces  an intent that it be taken as a representation of a   work of fine art as created by the artist.17.  "Reproduction  right"  means  a  right  to   reproduce,   prepare   derivative  works of, distribute copies of, publicly perform or publicly   display a work of fine art.18. "Sculpture" means a three-dimensional fine  art  object  produced,   fabricated or carved in multiple from a mold, model, cast, form or other   prototype,  other  than  from glass, sold, offered for sale or consigned   in, into or from this state for an amount in excess of  fifteen  hundred   dollars.19.  "Signed"  means  autographed by the artist's own hand, and not by   mechanical means of  reproduction,  after  the  multiple  was  produced,   whether or not the master was signed or unsigned.20.  "Successor  in  interest" shall mean a "personal representative",   "testamentary beneficiary", trustee or beneficiary of a "lifetime trust"   or an "heir" (including heirs who acquire the work of fine art, craft or   print  from  the  artist  or  craftsperson  or  from  another  heir   or   beneficiary  of  the artist or craftsperson), which terms shall have the   same meanings as set forth in the estates, powers and trusts law.21. "Visual art multiples" or "multiples" means  prints,  photographs,   positive or negative, sculpture and similar art objects produced in more   than  one  copy and sold, offered for sale or consigned in, into or from   this state for an amount in excess of one hundred dollars  exclusive  of   any  frame  or  in the case of sculpture, an amount in excess of fifteen   hundred dollars. Pages or sheets taken  from  books  and  magazines  and   offered  for  sale  or sold as visual art objects shall be included, but   books and magazines are excluded.22. "Written instrument" means a written or printed agreement, bill of   sale, invoice, certificate  of  authenticity,  catalogue  or  any  other   written  or  printed  note or memorandum or label describing the work of   fine art or multiple which is to be sold, exchanged or consigned  by  an   art merchant.