Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.10 - Prohibited acts

Current through June 24, 2024
(1) MISREPRESENTATION ABOUT MULTIPLE ART. No
				art dealer may misrepresent any element of a work of multiple art. Unless
				otherwise proven, any representation not consistent with generally accepted
				trade literature or the general consensus of expert members of the art trade is
				a misrepresentation under this subsection. The art dealer has the burden of
				proving, by a preponderance of the evidence, the truth of any representation
				not based on these sources. Misrepresentations prohibited under this subsection
				include:
(a) Misrepresenting a non-original
				work of multiple art as an original.
(b) Failing to disclose as part of any
				representations concerning a photomechanical reproduction that photographic or
				electronic procedures were used in the work's production, if:
1. The work's price exceeds $800.
2. Any representation of the photomechanical
				reproduction includes a term such as "lithography", "etching", "silkscreening",
				"serigraphy", "woodcutting" or "engraving", which is used in a manner implying
				the work was created by a classical means of production.
(c) Selling or offering to sell a work of
				multiple art that appears to be signed by the artist, but is not.
Note: This paragraph does not prohibit the sale of works
				  where the artist's signature was affixed to the master and is printed in the
				  work. See s.
				  ATCP
				  117.05(14) for the definition of a
				  "signed" work.
(d) Selling
				or offering to sell a work of multiple art exhibiting a numerical or other code
				that states or implies the work is part of any limited edition, such as 23/200,
				A.P., E.A. or H.C., if the work is not part of a limited edition.
Note: "A.P." is used to designate "artist's proofs". "E.A.",
				  or "edition artiste", has the same meaning, while "H.C." means "hors de
				  commerce", which was generally used to denote prints the artist retained or the
				  artist's agent carried as representative samples.
(e)
1. Any
				misrepresentation regarding an element of a work of multiple art, including:
a. The artist's identity.
b. The authenticity of the artist's
				signature.
c. The master from which
				the work was created and whether the master has been effaced or
				destroyed.
d. The medium in which
				originals of the work were created.
e. The means, date, manner and circumstances
				of the work's or the master's production, including the involvement of the
				artist and the artist's estate, pupils or representatives.
f. The work's image dimensions.
g. The type of paper used, if the work is a
				print.
h. The involvement of
				photomechanical procedures in producing the work.
i. The itemization and identification of all
				editions of the work.
j. The work's
				prior sales or ownership history.
k. The number of works produced or to be
				produced in a limited edition.
2. Any misrepresentation regarding the
				availability of information about a work of multiple art from normal trade
				sources.
3. This paragraph applies
				to the supplier's declaration, the disclosure and warranty statement and any
				other representation regarding a work of multiple art.
(f) Any inaccuracy in a disclosure and
				warranty statement made under s.
				ATCP
				117.15 or a supplier's declaration under s.
				ATCP
				117.20 and any representation inconsistent with those
				made in the statement or declaration. An art dealer who states on a disclosure
				and warranty statement that an item of information is "unknown", when the art
				dealer actually knows the information or when the item could be determined
				either from generally accepted trade literature or from the general consensus
				of expert members of the art trade, has made a misrepresentation prohibited
				under this paragraph.