New York State Consolidated Laws
Arts and Cultural Affairs
CHAPTER 11-C OF THE CONSOLIDATED LAWS
ARTS AND CULTURAL AFFAIRS LAW
TITLE A
SHORT TITLE
Article
1. Short title (S 1.01)
TITLE B
PROMOTION OF THE ARTS
3. Council on the arts (SS 3.01-3.13)
4. Empire State Plaza Art Commission (SS 4.01-4.11)
5. Art commission (SS 5.01-5.05)
7. New York state summer school of the arts (SS 7.01-7.15)
8. New York state writer's institute (SS 8.01-8.13)
9. New York state theatre institute corporation (SS 9.01-9.15)
10. Institute for the Hudson River Collection (SS 10.01-10.13)
CLICK HERE for TITLE C:
TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
11. Definitions (S 11.01)
12. Artist-art merchant relationships (SS 12.01-12.03)
13. Express warranties (SS 13.01-13.07)
14. Works of fine art; sculpture and multiples generally (SS 14.01-14.08)
15. Sale of visual art objects and sculptures produced in multiples (SS 15.01-15.19)
16. Severability (S 16.01)
TITLE D
REGULATION OF PUBLIC
ENTERTAINMENTS OR EXHIBITIONS BY CINEMATOGRAPH
19. Public entertainments or exhibitions by cinematograph or any
other apparatus for projecting moving pictures (SS 19.01-19.15)
TITLE E
NEW YORK STATE CULTURAL RESOURCES ACT
20. New York State Cultural Resources Act (SS 20.01-20.47)
21. Trust For Cultural Resources Of The City Of New York (SS 21.01-21.15)
22. Trust For Cultural Resources Of The County Of Onondaga (SS 22.01-22.09)
TITLE F
THEATRICAL SYNDICATION FINANCING
23. Regulation of theatrical syndication financing (SS 23.01-23.23)
TITLE G
REGULATION OF SALE OF THEATRE TICKETS
* 25. Tickets to places of entertainment (SS 25.01-25.35)
* NB Effective until 98/06/01
* 25. Theatre tickets (SS 25.01-25.27)
* NB Effective 98/06/01
TITLE J
OFFENSES RELATING TO UNAUTHORIZED PHOTOGRAPHS AND
CERTAIN COPYRIGHTED MATERIALS
31. Offenses relating to unauthorized photographs and certain copy-
righted materials (SS 31.01-31.05)
TITLE K
TRADE-MARKS
33. Offenses against trade-marks (SS 33.01-33.15)
TITLE L
PROTECTION OF CHILD PERFORMERS AND MODELS
35. Child performers and models (SS 35.01-35.07)
TITLE M
THEATRICAL EMPLOYMENT CONTRACTS;
SAFETY PRECAUTIONS FOR CERTAIN PERFORMERS; PERFORMING ARTISTS
37. Theatrical employment contracts; safety precautions for certain
performers (SS 37.01-37.11)
TITLE S
EXECUTIVE MANSION TRUST
54. Executive mansion trust (SS 54.01-54.17)
TITLE T
NATURAL HERITAGE TRUST
55. Natural heritage trust (SS 55.01-55.23)
TITLE U
DIVISIONS OF HISTORY AND PUBLIC RECORDS
57. Divisions of history and public records (SS 57.01-57.11)
57-a. Local government records law (SS 57.13-57.39)
TITLE V
AMERICAN MUSEUM OF NATURAL HISTORY
PLANETARIUM AUTHORITY
59. American museum of natural history planetarium authority (SS
59.01-59.27)
TITLE V-1
SALE OF AUTOGRAPHED SPORTS
COLLECTIBLES
60. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES (SS 60.01-60.06)
TITLE W
MISCELLANEOUS PROVISIONS
61. Miscellaneous provisions (SS 61.01-61.13)
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE A
SHORT TITLE
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 1
SHORT TITLE
Section 1.01. Short title.
S 1.01. Short title. This chapter shall be known as the "arts and
cultural affairs law" and may be cited as such.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE B
PROMOTION OF THE ARTS
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 3
COUNCIL ON THE ARTS
Section 3.01. Legislative findings and declaration of policy.
3.03. Council on the arts.
3.05. General powers and duties of council.
3.07. State financial assistance for improvement,
expansion or rehabilitation of existing buildings.
3.09. Assistance of other agencies.
3.11. Grants by council; consideration to certain applicants.
3.13. Participation in programs to promote progress and
scholarship in the humanities and the arts.
S 3.01. Legislative findings and declaration of policy. It is hereby
found that many of our citizens lack the opportunity to view, enjoy or
participate in living theatrical performances, musical concerts, operas,
dance and ballet recitals, art exhibits, examples of fine architecture, and
the performing and fine arts generally. It is hereby further found that,
with increasing leisure time, the practice and enjoyment of the arts are of
increasing importance and that the general welfare of the people of the
state will be promoted by giving further recognition to the arts as a vital
aspect of our culture and heritage and as a valued means of expanding the
scope of our educational programs.
It is hereby declared to be the policy of the state to join with private
patrons and with institutions and professional organizations concerned with
the arts to insure that the role of the arts in the life of our communities
will continue to grow and will play an ever more significant part in the
welfare and educational experience of our citizens and in maintaining the
paramount position of this state in the nation and in the world as a
cultural center.
It is further declared that all activities undertaken by the state in
carrying out this policy shall be directed toward encouraging and assisting
rather than in any ways limiting the freedom of artistic expression that is
essential for the well-being of the arts.
S 3.03. Council on the arts. 1. The council on the arts in the executive
department is hereby continued. The twenty members shall be, broadly
representative of all fields of the performing and fine arts, to be
appointed by the governor, with the advice and consent of the senate, from
among private citizens who are widely known for their professional
competence and experience in connection with the performing and fine arts.
In making such appointments, due consideration shall be given to the
recommendations made by representative civic, educational and professional
associations and groups, concerned with or engaged in the production or
presentation of the performing and fine arts generally.
2. The term of office of each member of the council shall be five years.
Vacancies in the council occurring otherwise than by expiration of term,
shall be filled for the unexpired term in the same manner as original
appointments. The governor shall designate a chairperson and a
vice-chairperson from the members of the council, to serve as such at the
pleasure of the governor. The chairperson shall be the chief executive
officer of the council.
3. The chairperson shall receive compensation fixed by the governor and
shall be reimbursed for all expenses actually and necessarily incurred by
him in the performance of his duties hereunder, within the amount made
available by appropriation therefor. The other members of the council
shall receive no compensation for their services, but shall be reimbursed
for all expenses actually and necessarily incurred by them in the
performance of their duties hereunder within the amount made available by
appropriation therefor.
4. The chairperson may appoint such officers, experts and other
employees as he may deem necessary, prescribe their duties, fix their
compensation and provide for reimbursement of their expenses within amounts
available therefor by appropriation.
S 3.05. General powers and duties of council. The council shall have
the following powers and duties:
1. To stimulate and encourage throughout the state the study and
presentation of the performing and fine arts and public interest and
participation therein;
2. To make such surveys as may be deemed advisable of public and
private institutions engaged within the state in artistic and cultural
activities, including but not limited to, music, theatre, dance,
painting, sculpture, architecture, and allied arts and crafts, and to
make recommendations concerning appropriate methods to encourage
participation in and appreciation of the arts to meet the legitimate
needs and aspirations of persons in all parts of the state;
3. To take such steps as may be necessary and appropriate to
encourage public interest in the cultural heritage of our state and to
expand the state's cultural resources;
4. To hold public or private hearings;
5. To enter into contracts, within the amount available by
appropriation therefor, with individuals, organizations and institutions
for services furthering the educational objectives of the council's
programs;
6. To enter into contracts, within the amount available by
appropriation therefor, with local and regional associations for
cooperative endeavors furthering the educational objectives of the
council's programs;
7. To accept gifts, contributions and bequests of unrestricted funds
from individuals, foundations, corporations and other organizations or
institutions for the purpose of furthering the educational objectives of
the council's programs;
8. To make and sign any agreements and to do and to perform any acts
that may be necessary, desirable or proper to carry out the purposes of
this chapter;
9. To promote tourism by supporting arts and cultural projects which
would stimulate tourism and improve the state's attractions for
tourists.
10. To administer the New York state musical instrument revolving fund
in accordance with the provisions of section ninety-seven-v of the state
finance law.
S 3.07. State financial assistance for improvement, expansion or reha-
bilitation of existing buildings. 1. Any other provision of any other
law to the contrary notwithstanding, state financial assistance may be
provided for up to fifty percent of the approved costs (excluding feasi-
bility studies, plans or similar activities) of eligible projects for
the rehabilitation of existing buildings, including leasehold improve-
ments, by an eligible nonprofit cultural organization, as provided here-
in. Such financial assistance may be in the form of grants and/or loans.
2. A nonprofit cultural organization may submit an application for
state financial assistance for eligible projects as provided herein. The
council, after review of the programmatic and fiscal needs and resources
of the project and the organization, shall make a determination, subject
to the restrictions, limitations, responsibilities and requirements of
this section, as to the amount of state financial assistance in the form
of a grant and/or state financial assistance in the form of a loan, or
any combination thereof, that the organization may receive, provided,
however, that subject to the requirements established herein:
(a) Any financial assistance in the form of a grant may be provided
for any amount from funds appropriated specifically therefor up to and
including the amount of fifty thousand dollars.
(b) Any financial assistance in the form of a loan may be provided
from the arts capital revolving fund established pursuant to section
ninety-seven-z of the state finance law for any amount up to and includ-
ing the amount of one hundred thousand dollars, provided that interest
in any such loan shall not exceed a maximum of ten or a minimum of three
percent per annum.
(c) Any combined financial assistance in the form of a grant and a
loan may be provided for an amount up to and including the amount of one
hundred thousand dollars and may include any amount of state financial
assistance in the form of a grant and any amount of state financial
assistance in the form of a loan, as shall be determined by the council
subject to the provisions of paragraphs (a) and (b) of this subdivision
and the requirements, duties and responsibilities imposed by this
section.
(d) Nothing contained herein shall be deemed to require approval of a
total of fifty thousand dollars in state financial assistance in the
form of a grant, or approval of a total of one hundred thousand dollars
in state financial assistance in the form of a loan, or to prevent the
council from approving a loan or any combination of a grant and loan in
any amount, subject only to the limitation on such financial assistance
imposed by paragraphs (a) and (b) of this subdivision, and the council's
determination of the programmatic and fiscal needs and resources of the
project and the organization, and other requirements of this section,
irrespective of the amount of state financial assistance in the form of
a grant and/or state financial assistance in the form of a loan
requested or suggested by the applicant.
(e) The council may contract with outside entities to effect the
purposes of this paragraph and to disburse loans and receive payments on
such loans.
3. (a) For the purposes of this section, organizations or eligible
organizations shall mean nonprofit cultural organizations which received
funding from the council in each of the three previous state fiscal
years and which own a condominium or a building or a part of a building
or which own shares representing a cooperative interest in a building or
which have entered into a lease-purchase agreement to own a building or
which lease a building or space in it, and which operate a program ther-
ein, provided that evidence of such ownership, lease or lease-purchase
agreement shall be provided by the eligible organization in such manner
and form as is satisfactory to the council. Nothing contained herein
shall prevent an eligible organization from receiving financial assist-
ance under this section which has satisfactory occupancy agreements in a
building which is owned by a local government.
(b) Eligible organizations shall not include:
(1) public school districts, their components, and affiliate organiza-
tions, state agencies or departments, or, except as provided hereunder,
public universities, their components and affiliate organizations; or
(2) the provisions of subparagraph one of this paragraph to the
contrary notwithstanding, a public university, its components or affil-
iate organizations may be funded if it serves and is located in a rural
or minority community, as such shall be determined by the council pursu-
ant to subdivisions seven and fifteen of this section and meets all
other applicable requirements for funding under this section, provided
that applications from such entities for state financial assistance
shall not be considered by the council prior to December thirty-first in
any state fiscal year.
(c) Eligible projects shall include:
(1) improvement, expansion or rehabilitation of a building for arts
purposes;
(2) improvement, expansion or rehabilitation of existing buildings to
increase or assure public access;
(3) improvement or rehabilitation of existing buildings for energy
conservation purposes or for such other purposes as will serve to reduce
the organization's costs of operation in such building;
(4) improvement or rehabilitation of existing buildings to address
known health and safety deficiencies;
(5) improvement, expansion or rehabilitation of existing buildings to
provide for handicapped accessibility;
(6) such other projects of substantive character as are in keeping
with the spirit and intent of this section. (d) No project shall be
considered eligible if it is approved for financing from any other state
assistance program.
4. Each application for financial assistance shall be submitted to the
council by the governing body of the eligible organization. Each appli-
cation shall:
(a) demonstrate that adequate operating support and resources will be
available at the completion of the project to provide an improved or
increased level of service;
(b) contain verification in such form as may be acceptable to the
council that the remaining cost of the project, exclusive of state
financial assistance, has been or will be obtained;
(c) demonstrate that the project will be completed promptly and in
accordance with the application;
(d) either demonstrate that the operation of the organization will be
made more economical or efficient as a consequence of approval or demon-
strate that health and safety concerns will be repaired or access to
handicapped provided;
(e) demonstrate that the project will be conducted in accordance with
applicable federal, state and local laws and regulations;
(f) demonstrate that, where appropriate, competitive bidding proce-
dures will be followed as required by law, or provide such other
evidence of competition as shall be satisfactory to the council;
(g) provide an assessment of the useful life of the project, and such
recommendation, analysis of needs or feasibility studies as may be
required by the council provided, however, that for the purposes of this
section the term "useful life" shall mean such method of calculating the
worth of a project and the amount of annual depreciation necessary for
effecting contracts under this section as the council shall require
after consultation with the state comptroller and upon approval by the
state division of the budget;
(h) demonstrate that contracts for the project will be executed in
accordance with subdivision twelve of this section;
(i) provide such other information as may be required by the council
including such guarantees as are further required by subdivisions eight
and nine of this section.
5. Each organization may submit no more than one application annually.
Any other provision of this section to the contrary notwithstanding, no
organization shall receive state financial assistance under this section
funding more than three years in any consecutive five-year period.
6. (a) Each application for state financial assistance shall be
reviewed by the council for its merits and for the programmatic and
fiscal needs and resources of the proposed project and the applicant
organization. Any application for a project whose total cost equals or
exceeds the sum of three hundred thousand dollars which is deemed
preliminary acceptable shall be submitted by the council to the dormito-
ry authority of the state of New York for technical review. Provided,
however, that nothing contained herein shall prevent the council from
submitting any application for financial assistance, irrespective of the
amount of financial assistance requested or the total project cost, to
the authority for technical review and recommendations pursuant to the
provisions of this section.
(b) Within thirty days of the receipt of an application from the coun-
cil, the authority shall provide the council with a written evaluation
of the project which shall include the following factors:
(1) feasibility of the proposed project from an engineering stand-
point;
(2) total project cost estimate;
(3) proposed project schedule;
(4) useful life of the proposed project as defined pursuant to para-
graph (b) of subdivision four of this section;
(5) such other factors which the authority shall determine are appli-
cable to its evaluation of the project.
(c) If within the thirty-day period the authority finds more informa-
tion is necessary, the authority shall so notify the council and shall
have a maximum of ninety days to complete its review.
(d) Concurrent with its approval of any application, the authority
shall include its recommendation as to the manner in which the design
and construction of the project should be managed.
(e) In any case where the authority and the council and the organiza-
tion have agreed that the authority will award contracts for the design
and construction of the project, the authority shall prepare or cause to
be prepared a feasibility design and performance plan which shall set
forth the terms and conditions associated with the construction manage-
ment process. Such plan shall contain provisions relating to the rela-
tive responsibilities of the authority, appropriate performance and
surety bonds, remedies against architects, contractors and sureties
deemed to be in default in the performance of their obligations, and,
generally, the management of the construction process in a professional
manner in accordance with prevailing construction industry standards.
(f) Should the authority fail to provide the council with an approval,
disapproval or request for additional information within thirty days of
receipt of the original application or within ninety days as may be
appropriate, the application shall be submitted to the council for its
final approval or disapproval.
(g) If approved by the authority, the application shall be returned to
the council, which may provide final approval for state financial
assistance.
(h) Subject to approval by the director of the division of the budget,
the council shall enter into an agreement to insure that the authority
shall be reimbursed for reasonable expenses incurred in fulfilling its
responsibilities under this section and shall authorize payment to the
authority out of monies earned on interest in the arts capital revolving
fund established pursuant to section ninety-seven-z of the state finance
law or from any other funds allocated by it to fulfill the purposes of
this section, provided, however, that in no event shall the council
authorize payment under this paragraph an amount greater than the sum of
fifty thousand dollars in any state fiscal year.
7. In approving any application, the council shall consider:
(a) the condition of the existing building;
(b) the recommendation and analysis of need as provided in the feasi-
bility study or other documentation required by the council;
(c) the available resources for the project;
(d) the nature of the activities proposed to take place at the site
which is the subject of the application;
(e) such other criteria as the council may deem appropriate or neces-
sary to the approval of any application, including the fiscal resources
of the applicant, which shall be determined after review of any one of
the prior year's report of the following: a financial statement prepared
by an independent certified public accountant; an annual statement of
income and expenses; a federal tax return with all itemizations and
breakdowns; or a long form report from the office of charities registra-
tion; and
(f) where appropriate and in keeping with the provisions of subdivi-
sion fifteen of this section, the needs of rural and minority communi-
ties.
8. Any other provision of law or of this section to the contrary
notwithstanding, state financial assistance shall not be provided pursu-
ant to this section until the council has (a) considered the useful life
of the eligible project as such term is defined herein; (b) determined
the grant, loan or combined amount of state financial assistance to be
provided; and (c) executed an agreement to provide such assistance. Such
agreement shall be executed by the council and the organization or, in
the case of a leasehold or lease-purchase agreement, with the eligible
nonprofit cultural organization and, where appropriate, the owner of the
property for which the eligible project has been proposed. Any such
agreement shall provide for the creation of a lien or other security
interest or such other guarantee as shall be satisfactory to the council
to assure repayment of financial assistance provided under this section.
Such agreement shall assure that the length of a loan shall not exceed
the useful life of the project and shall include, in addition to such
other provisions as the council may require, the following:
(i) the amount of financial assistance, the terms and conditions upon
which it is provided, the useful life of the eligible project and the
method of depreciating the eligible project for purposes of the repay-
ment provisions of the agreement;
(ii) a requirement that the organization provide the council with such
prior notice as the council may require of a sale or other disposition
of the subject property or of a termination of the lease prior to the
expiration of such useful life or the expiration of the term of any loan
made hereunder;
(iii) a requirement that, in the event of such sale or disposition of
the property or termination of the lease prior to the expiration of the
useful life or the expiration of the term of any loan made hereunder,
the owner of the subject property or such other guarantor shall repay to
the council an amount equal to that portion of the approved costs of the
project financed by financial assistance provided under this section,
less accumulated depreciation, as of the date of such sale, disposition
or termination, or, in the case of a loan or a combination of a grant
and loan, repay an amount equal to the unpaid balance of the loan;
(iv) a requirement that, upon a finding by the council that a project
has not been completed, or has not been completed in accordance with the
terms of the agreement, the full amount of the financial assistance
provided in the form of a grant, or the outstanding balance of financial
assistance provided in the form of a loan shall be repaid to the council
by the guarantor, provided that upon a showing of good cause by the
organization the council shall grant an extension of up to ninety days
from the date of such finding to allow the organization to complete the
project in accordance with the terms of the agreement, and further
provided that the council shall provide no more than two such extensions
from the date of such finding to allow the organization to complete the
project in accordance with the terms of the agreement.
9. In any case in which state financial assistance is provided in the
form of a loan or as a combination of a grant and loan, the following
shall additionally be included in the agreement:
(i) a requirement that the organization shall obtain, in addition to
such other security as may be required by the council or by other
provisions of law, an undertaking or surety bond from any person or
entity which has contracted to perform work on an approved project to
assure the faithful performance of such project and/or a labor and/or
material bond as may be appropriate; and
(ii) a requirement that the authority shall provide such construction
management services as have been specified and agreed to pursuant to
paragraphs (d) and (e) of subdivision six of this section.
10. Any lien, security interest or guarantee established created under
the provisions of subdivision eight or nine of this section shall be in
addition to any other rights or obligations of the council under the
provisions of the lien law or any other law.
11. The council shall cause to be filed and to be recorded in the
office of the county clerk in the county where the subject property is
situated any lien or other security interest as may be required to
assure repayment of financial assistance in accordance with the
provisions of this section. The department of law shall provide such
assistance as the council may require to create and perfect any such
liens or other security interests.
12. (a) All contracts for design, construction, services and materials
pursuant to this section of whatever nature and all documents soliciting
bids or proposals therefor shall contain or make reference to the
following provisions:
(i) That the contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national
origin, sex, age, disability, or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority
group persons and women are afforded equal opportunity without discrimi-
nation. Such programs shall include, but not be limited to, recruitment,
employment, job assignment, promotion, upgrading, demotion, transfer,
layoff, termination, rates of pay or other forms of compensation, and
selection for training and retraining, including apprenticeship and
on-the-job training;
(ii) That the contractor shall request any employment agency, labor
union, or authorized representative of workers with which it has a
collective bargaining or other agreement or understanding and which is
involved in the performance of the contract to furnish a written state-
ment that it will not discriminate because of race, creed, color,
national origin, sex, age, disability or marital status and it will
cooperate in the implementation of the contractor's obligations here-
under;
(iii) That the contractor will state, in any solicitations or adver-
tisements for employees placed by or on behalf of the contractor in the
performance of the contract, that all qualified applicants will be
afforded equal employment opportunity without discrimination because of
race, creed, color, national origin, sex, age, disability or marital
status;
(iv) That the contractor will include the provisions of subparagraphs
(i) through (iii) of this paragraph in every subcontract or purchase
order in such a manner that such provisions will be binding upon each
subcontractor or vendor as to its work in connection with the contract
with the agency.
(b) The council shall establish appropriate measures, procedures and
guidelines to ensure that contractors and subcontractors undertake mean-
ingful programs to employ and promote qualified minority group members
and women. Such procedures may require after notice in a bid solicita-
tion, the submission of a minority and women workforce utilization
program prior to the award of any contract, or at any time thereafter,
and may require the submission of compliance reports relating to the
operation and implementation of any workforce utilization program
adopted hereunder. The council may take appropriate action, including
the impositions of sanctions for non-compliance to effectuate the
provisions of this subdivision and the monitoring of compliance with
this subdivision.
(c) (i) In the performance of projects pursuant to this section,
minority and women-owned business enterprises shall be given the oppor-
tunity for meaningful participation. For purposes hereof, minority
business enterprise shall mean any business enterprise which is at least
fifty-one per centum owned by, or in the case of a publicly owned busi-
ness, at least fifty-one per centum of the stock or other voting inter-
est is owned by citizens or permanent resident aliens who are Black,
Hispanic, Asian, American Indian, Pacific Islander, or Alaskan native,
and such ownership interest is real, substantial and continuing and has
the authority to independently control the day to day business decisions
of the entity for at least one year; and women-owned business enterprise
shall mean any business enterprise which is at least fifty-one per
centum owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock to other voting interests of which is
owned by citizens or permanent resident aliens who are women, and such
ownership interest is real, substantial and continuing and has the
authority to independently control the day to day business decisions of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
(ii) In order to implement the requirements and objectives of this
section, the council shall request, as appropriate, the assistance of
other state agencies to monitor the contractors' compliance with
provisions hereof, provide assistance in obtaining competing qualified
minority and women-owned business enterprises to perform contracts
proposed to be awarded, and take other appropriate measures to improve
the access of minority and women-owned business enterprises to these
contracts.
13. In approving applications pursuant to this section, the council
shall seek to insure that:
(a) sixty percent of the funds appropriated pursuant to this section
and made available for grants, and sixty percent of the funds made
available for loans shall be made available in such a manner as to
insure that the ratio of the amount received within each county to the
whole of the financial assistance made available pursuant to this para-
graph is no greater than the ratio of the population of such county to
the population of the state, provided;
(b) notwithstanding the provisions of paragraph (a) of this subdivi-
sion the council shall make such additional allocations for rural and
minority communities as to insure that the needs of cultural development
are met; and
(c) any funds made available pursuant to paragraph (a) or (b) of this
subdivision which, by December thirty-first of the year in which this
section shall have become a law, and October thirty-first of each year
thereafter are declined by or which cannot be used by such organizations
within such counties, and/or such communities, as such shall be deter-
mined by the council, shall be made available to other eligible nonpro-
fit cultural organizations for eligible projects.
14. Any other provision of this section or of any other law to the
contrary notwithstanding, the council shall provide a reasonable amount
not exceeding seven and one-half percent of the funds appropriated
pursuant to this section to organizations located in rural or minority
communities, as such shall be determined by the council, to obtain tech-
nical and/or financial assistance necessary to bring a project to frui-
tion, provided, however that this subdivision shall only be effective
until March thirty-first, nineteen hundred eighty-nine.
15. The council shall establish a written policy recognizing the
importance of and making provision to further cultural development in
rural and minority communities, as such shall be determined by the coun-
cil. Copies of the council policy concerning minority and rural cultural
development shall be provided to the senate finance and the assembly
ways and means committees.
16. To insure effective evaluation of applications made to it for
financial assistance under this section at least three or one-fourth
whichever is less of the persons designated by the chairman to provide a
review of such application shall be licensed professional engineers.
Such engineers shall be chosen for their expertise in the disciplines
critical to the design process including but not limited to structural,
mechanical and electrical and acoustical. The recommendations made by
such engineers concerning each application shall be considered specif-
ically and apart from the reviews of any other persons designated to
provide a review of such applications, and, any other provision of any
other law to the contrary notwithstanding, such engineers may be desig-
nated to conduct audits or may be retained as consultants by the coun-
cil. Nothing contained herein shall prevent the council from meeting the
requirements of this subdivision by retaining an engineering firm as a
consultant. Nothing contained in this subdivision shall be deemed to
affect quorum requirements of any review group or panel established by
the chairman to review such applications, or to require the presence of
all of such engineers at each such meeting of each such review group or
panel. The council shall establish appropriate quorum requirements for
this panel or review group.
17. In the event an eligible organization fails to make a payment on a
loan or fails to make any other payment required under the provisions of
this section, the council shall inform the comptroller of such failure
and of the amount overdue, which amount the comptroller may recover from
any payments due from the state to the eligible organization, including
local assistance payments.
18. The council shall adopt guidelines within sixty days of the effec-
tive date of this section, and shall promulgate rules and regulations
not later than September first, nineteen hundred eighty-eight as are
necessary to carry out the purposes and provisions of this section. In
addition to any other requirements set forth by this section, the coun-
cil shall, in establishing such guidelines, rules and regulations,
delimit the application process, provide for an appeals procedure,
establish the written policy required by subdivision fifteen of this
section and establish procedures for the recoupment of financial assist-
ance provided in the event that a project is not completed or not
completed as proposed by the applicant organization. Copies of such
rules and regulations shall be provided at least sixty days prior to the
time they shall be effective to the senate finance committee and the
assembly ways and means committee.
19. The council shall report to the governor, the temporary president
of the senate, the speaker of the assembly, the chairs of the senate
finance committee and assembly ways and means committee not later than
January fifteenth of each year concerning the amounts appropriated and
expended pursuant to this section, the number of applications received,
the total amount of financial assistance requested, the total number of
applications funded, the amount of funding provided, and such other
information as the chairman shall deem appropriate, including any recom-
mendations for program improvement, recommendations for increasing the
total amount of funding from state and nonstate sources available to
increase total funds for projects available to the arts and cultural
community of this state, in particular for rural and minority communi-
ties, and identification of and proposals for removing barriers or
limits faced by communities in accessing the program or in maximizing
use of funds provided hereunder.
S 3.09. Assistance of other agencies. To effectuate the purposes of this
article, the council on the arts may request from any department, board,
bureau, commission or other agency of the state, and the same are
authorized to provide, such assistance, services and data as will enable
the council properly to carry out its powers and duties hereunder.
S 3.11. Grants by council; consideration to certain applicants. In
issuing grants to applicants for council funds in the area of the
performing arts the council may give consideration to the applicant's
demonstration of an ability to enhance the state's capacity to attract
tourists as evidenced by showing that significant numbers of persons in
such audiences are or will be attracted to the applicant's geographical
area by reason of such applicant's program and evidence of advertising and
publicity designed and planned in such a manner as to reach potential
audiences from outside the applicant's geographical area.
S 3.13. Participation in programs to promote progress and scholarship in
the humanities and the arts. 1. As used in this section, the following
terms shall mean and include:
a. "Municipal corporation". A county, city, town, village, or school
district of the state, or a board of higher education in a city having a
population of one million or more.
b. "National foundation act". The national foundation on the arts and
humanities act of nineteen hundred sixty-five and any federal laws
amendatory or supplemental thereto heretofore or hereafter enacted.
2. Any municipal corporation shall have power, either individually or
jointly with one or more other municipal corporations, to apply for,
accept, and expend funds made available by the federal government pursuant
to the provisions of the national foundation act in order to administer,
conduct or participate with the federal government in a program which has
as its purpose the promotion of progress and scholarship in the humanities
and the arts. Any such municipal corporation is authorized to appropriate
and expend such sums as are required to administer, conduct, or participate
in any such program and may perform any and all acts necessary to
effectuate the purposes of any such program.
3. Any municipal corporation, either individually or jointly with one or
more other municipal corporations, may enter into agreements with private,
non-profit agencies which are authorized to apply for and accept funds made
available by the federal government pursuant to the provisions of the
national foundation act. Such agreements may provide that funds, services,
or facilities will be made available by any such municipal corporation or
municipal corporations to such private, non-profit agency upon such terms
and conditions as may be prescribed by such municipal corporation or
municipal corporations, in order to defray that portion of the cost of any
program administered by any such private, non-profit agency which is not
paid for by funds made available by the federal government. Such private,
non-profit agency shall file annually with each such municipal corporation
with which it has entered into such an agreement, or at such more frequent
periods as may be required by such municipality, a financial report with
respect to such program or programs and shall make available for inspection
or audit by each such municipal corporation, its books, records and other
data.
4. No funds, services, or facilities shall be made available by a
municipal corporation to a private, non-profit agency pursuant to the
provisions of subdivision three of this section unless such agency has
obtained approval of its application for a federal grant-in-aid as required
by the provisions of the national foundation act, and its program is
designed to promote progress and scholarship in the humanities and the arts
within the municipal corporation or municipal corporations with which it
has entered into such an agreement.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 4
EMPIRE STATE PLAZA ART COMMISSION
Section 4.01. Legislative findings and declaration of policy.
4.03. Definitions.
4.05. Empire state plaza art commission; creation.
4.07. Powers and duties of commission.
4.09. Appointment of curator and other employees.
4.11. Assistance of state agencies and political subdivisions.
S 4.01. Legislative findings and declaration of policy. The
legislature hereby finds and declares that the Governor Nelson A.
Rockefeller empire state plaza is a unique architectural entity and is
intensively used by the public for recreation, for conventions of
business and governmental groups and for participation in exhibits and
exhibitions of the visual and performing arts.
It is hereby declared a policy of the state that there be created in
the executive department the empire state plaza art commission, with a
legislative mandate regarding the works of art of great value to the
people of the state of New York which are located in the empire state
plaza.
S 4.03. Definitions. Except as otherwise provided herein and unless
the context shall otherwise require, the following terms as used in this
article shall have the following meanings:
1. "Commission" shall mean the empire state plaza art commission
created by this article.
2. "Empire state plaza" shall mean the Governor Nelson A. Rockefeller
empire state plaza, excluding the cultural education center, the
legislative office building and any other offices and facilities of the
legislature in said plaza.
3. "State agency" shall mean any state board, body, bureau,
commission, council, department, public authority, public corporation,
division, office, or other governmental entity performing a governmental
or proprietary function for the state, but shall not include the
legislature.
S 4.05. Empire state plaza art commission; creation. 1. The empire state
plaza art commission is hereby created in the executive department.
2. The commission shall be located in the empire state plaza in space
designated therein by the commissioner of general services.
3. The commission shall consist of twenty-five members. Twenty-one of
such members shall be appointed by the governor by and with the advice and
consent of the senate, four of whom shall be so appointed on recommendation
of the temporary president of the senate, four on recommendation of the
speaker of the assembly, two on recommendation of the minority leader of
the senate and two on recommendation of the minority leader of the
assembly. The commissioner of education, the commissioner of general
services, the commissioner of parks, recreation and historic preservation
and the chairman of the state council on the arts shall serve as ex officio
members and shall have the same rights as other members.
4. The governor shall designate one of the members to serve as chairman
of the commission, by and with the advice and consent of the senate.
5. The term of each member appointed by the governor shall be for three
years provided, however, that of the members first appointed (a) the
persons appointed on recommendation of the temporary president of the
senate and the speaker of the assembly shall be appointed for terms ending
December thirty-first, nineteen hundred eighty-six, provided, however, that
the persons first so appointed on or after December thirty-first, nineteen
hundred eighty-six shall be appointed for terms ending December
thirty-first, nineteen hundred eighty-nine; (b) the persons appointed on
recommendation of the minority leader of the senate and the minority leader
of the assembly shall be appointed for terms ending December thirty-first,
nineteen hundred eighty-five, provided, however, that the persons first so
appointed on or after December thirty-first, nineteen hundred eighty-six
shall be appointed for terms ending December thirty-first, nineteen hundred
eighty-eight; and (c) the other nine persons appointed by the governor
shall be appointed for terms ending December thirty-first, nineteen hundred
eighty-four, provided, however, that the persons so appointed on or after
December thirty-first, nineteen hundred eighty-six shall be appointed for
terms ending December thirty-first, nineteen hundred eighty-seven.
Vacancies shall be filled for the unexpired terms in the same manner as the
original appointment. The ex officio members shall serve only during their
tenures as commissioner or chairman.
6. Members shall receive no compensation for their services but shall be
allowed their reasonable expenses actually and necessarily incurred in the
performance of their duties. No member shall be disqualified from holding
any other public office or employment by reason of such person's
appointment or service as a member notwithstanding the provisions of any
other law to the contrary.
7. The commission shall conduct at least four regular meetings a year at
such times and places as may be fixed by it.
8. Thirteen members shall constitute a quorum for the transaction of
business and, unless a greater number is required by the by-laws, the
commission shall exercise its powers and duties by a vote of the majority
of the total members of the commission then serving.
9. The commission shall adopt by-laws governing the calling and conduct
of its meetings and all other matters relating to its organization and
internal operations.
S 4.07. Powers and duties of commission. The commission shall have the
following responsibilities, powers and duties:
1. To make recommendations to state agencies regarding the custody,
display, conservation, preservation and maintenance of works of art in
the empire state plaza under the jurisdiction of such agencies;
2. To appraise and catalogue works of art in the empire state plaza;
3. To advise and assist state agencies in the preparation and
distribution of publications by such agencies;
4. To make recommendations to the governor, the legislature and state
agencies regarding the purchase of works of art;
5. To acquire by gift, grant or loan such works of art as it deems to
be in the best interests of the people of the state;
6. To enter into such contracts as may be necessary or appropriate for
the performance of the functions vested in it by this article;
7. To render such assistance as the legislature or either house
thereof may request with respect to the legislative office building and
other offices and facilities of the legislature in the empire state
plaza;
8. To render such assistance as the commissioner of education may
request with respect to the cultural education center;
9. To make an annual report to the governor and the legislature on or
before December fifteenth which shall contain a complete inventory of
the works of art in the empire state plaza and such recommendations
pertinent to the duties of the commission as it deems advisable. Such
report shall contain a full fiscal accounting of the activities of the
commission, both current and projected.
S 4.09. Appointment of curator and other employees. 1. The chairman,
with the concurrence of the commission and the commissioner of general
services, shall appoint a curator who shall serve at the pleasure of the
commission. The commission shall prescribe powers and duties of the
curator and shall fix his compensation within the amounts appropriated
therefor.
2. The commission may appoint such other employees as it may require,
prescribe their powers and duties and fix their compensation within the
amounts appropriated therefor.
S 4.11. Assistance of state agencies and political subdivisions. The
commission may request and shall receive from any state agency or
political subdivision of the state such assistance and information as
will enable it to carry out its duties and accomplish its purposes.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 5
ART COMMISSION
Section 5.01. Purchase of art productions in certain cities.
5.03. Art commissioners.
5.05. Selection and placing of art productions.
S 5.01. Purchase of art productions in certain cities. Cities of the
first and second class are hereby authorized, in the discretion of those
officers or bodies in such cities that have charge of the appropriation
of the public funds, to purchase works of art which are the production
of professional artists who are citizens of the United States, and which
have been executed in the United States. The word "productions" shall
be held to include among other works of art, mural paintings or
decorations which artists may be employed to put on the walls of public
buildings of such cities, mosaic and stained or painted glass. A city
of the first class may expend under this section any amount not to
exceed fifty thousand dollars annually. A city of the second class may
expend under this section not to exceed ten thousand dollars annually.
S 5.03. Art commissioners. Where provision is not made by law for an
art commission for any city of the first or second class, the mayor of
such city shall, as soon as any city decides to expend any moneys under
the provisions of this article, appoint art commissioners for such city.
Such commissioners shall not contain more than a bare majority of
persons selected from any one political party. It shall be composed of
persons who are experts in art matters.
S 5.05. Selection and placing of art productions. All art productions
purchased under this article shall be selected by the art commission of
the city, and shall be placed in the public buildings, grounds or parks
thereof for the purpose of beautifying the same.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 7
NEW YORK STATE SUMMER SCHOOL OF THE ARTS
Section 7.01. New York state summer school of the arts.
7.03. Object of the summer school.
7.05. Executive director.
7.07. Advisory council; powers.
7.09. Areas of instruction; credits.
7.11. Tuition.
7.13. Eligibility requirements for admission.
7.15. Regulations for admission and scholastic credits.
S 7.01. New York state summer school of the arts. The New York state
summer school of the arts under the jurisdiction and control of the
education department is hereby continued.
S 7.03. Object of the summer school. The primary object of the summer
school of the arts is to provide to high school and college students,
who are residents of the state of New York, having exceptional artistic
skills and talents and who are interested in pursuing professional
careers in the arts, an opportunity to receive advanced training and
instruction on the highest professional level from artists who are
distinctly qualified by background, training, and experience to provide
such instruction, at locations to be determined by the commissioner of
education.
S 7.05. Executive director. 1. The executive director heretofore
appointed by the commissioner of education to be the head of the New York
state summer school of the arts shall continue in office. The executive
director shall hold office at the pleasure of the commissioner of education
and shall be subject to such rules and regulations as he may prescribe.
2. The commissioner of education may appoint such deputies, directors and
other officers, teachers, employees, agents, consultants and special
committees as he may deem necessary for the proper implementation of this
article, prescribe their duties, fix their compensation and provide for
reimbursement of their expenses within the amounts available therefor by
appropriation. The executive director shall develop a program and plan for
the establishment of a summer school of the arts in all branches of the
arts whenever possible, and in accordance with the rules of such
commissioner shall undertake all necessary action to execute such program
and plan in accordance with the provisions of this section. The executive
director shall undertake the necessary studies and evaluations and report
to such commissioner for ways and means to improve the summer school of the
arts.
3. The executive director shall pursue a course of action in connection
with the performance of his duties and responsibilities to encourage and
obtain the services, on a voluntary basis, of well-known and qualified
artists and performers who have distinguished themselves in the visual and
performing arts, and who by background, training and experience can provide
such essential services to the students within the meaning and intent of
this article.
S 7.07. Advisory council; powers. 1. The advisory council heretofore
appointed by the commissioner of education is hereby continued consisting
of seven members who need not be residents of the state, and each of whom
shall serve at the pleasure of such commissioner. The term of office of
members of such council shall be for two years. The chairperson heretofore
designated by the members shall continue in office and shall have the
responsibility of enforcing all such regulations pertaining to such council
as will be promulgated by such commissioner.
2. In the event that a vacancy occurs on the advisory council either
because of incapacity, death or disability or expiration of a term, such
vacancy shall be filled by appointment of the commissioner of education for
the balance of the unexpired term.
3. The advisory council shall visit and inspect all facilities maintained
and operated by the department of education, and have such other powers
and duties as may be required or authorized by the commissioner of
education.
4. Meetings of the advisory council shall be bi-monthly, or more often as
the commissioner of education may direct.
5. The members of the advisory council shall serve without pay but shall
be paid their actual expenses necessarily incurred in the discharge of
their official duties. No member of the council shall have any pecuniary
interest in any contract pertaining to the operation and administration of
the summer school of the arts or of any of its facilities.
S 7.09. Areas of instruction; credits. The summer school of the arts
shall consist of the following divisions:
1. Theatre.
2. Ballet and modern dance.
3. Visual arts.
4. Film/media.
5. Music/orchestral studies/choral studies.
6. Creative writing.
7. Technical theatre arts.
S 7.11. Tuition. The executive director shall, subject to the approval of
the commissioner of education and the director of the budget, fix and
determine the amount of tuition to be paid by each applicant for admission.
Such tuition may be paid by the local school district wherein such
applicant resides in whole or in part. Payment of such tuition may be
waived in whole or in part by the executive director upon a proper showing
of financial hardship by an applicant for admission.
S 7.13. Eligibility requirements for admission. 1. All applicants for
admission must be residents of the state.
2. All applicants for admission must demonstrate to the satisfaction of
the commissioner of education that such applicant:
(a) Intends to pursue a professional career in some branch of the arts as
described in section 7.09 of this article;
(b) Possesses unique and distinctive skills, qualifications and talents
in the visual and performing arts or such other areas related to the arts
as described in section 7.09 of this article.
3. All applicants for admission shall be selected on the basis of open
competition to determine their demonstrated and/or potential ability and
performance capabilities.
S 7.15. Regulations for admission and scholastic credits. The
commissioner of education may make such regulations in relation to the
admission of applicants into any of the facilities operated and maintained
by the summer school of the arts. The commissioner may further promulgate
all such rules which in his discretion are necessary and proper to
effectuate the foregoing, and in addition thereto specify and further
prescribe all scholastic credits and the degree thereof that may be granted
to the students attending the facilities of the summer school of the arts
upon successful completion of courses provided.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 8
NEW YORK STATE WRITERS' INSTITUTE
Section 8.01. Legislative findings and declaration of policy.
8.03. New York state writers' institute.
8.05. Objectives.
8.07. Site.
8.09. Administration.
8.11. New York state Walt Whitman citation of merit for poets.
8.13. New York state Edith Wharton citation of merit for
fiction writers.
S 8.01. Legislative findings and declaration of policy. The legislature
hereby finds and declares that New York state is unique among states for
its contribution to the art of writing and for the special resources and
opportunities it offers to writers. It is hereby further found that the
art of writing is of increasing importance and that the general welfare
of the people of the state will be enhanced by the establishment of a
center devoted to writing and the allied arts.
It is hereby declared a policy of the state that there be created a New
York state writers' institute with a legislative mandate to encourage
the development of writing skills at all levels of education throughout
the state, to provide a milieu for established and aspiring writers to
work together to encourage the development of, and increase the freedom
of, the artistic imagination of this art in the state of New York.
S 8.03. New York state writers' institute. The New York state writers'
institute is hereby established under the jurisdiction of the state
university of New York.
S 8.05. Objectives. The New York state writers'institute shall:
1. Establish an arts and cultural program for the study of creative
writing in the context of literary criticism, the humanities and other
creative arts;
2. Hire such writers, artists and other personnel as may be necessary
for programs, courses, workshops, lectures and readings to encourage the
development of writing skills in all phases and genres of writing
including fiction, non-fiction, poetry, journalism, playwriting and
screenwriting;
3. Offer such scholarships, grants and awards in writing as may help
develop the talent of writers and the craft of writing;
4. Offer programs for teachers and high school students in New York that
will serve to train them in the craft of writing and demonstrate it as a
complement to other areas of education;
5. Authorize the trustees of the state university to accept, on behalf
of the institute, gifts, contributions and bequests of unrestricted
funds from individuals, foundations, corporations and other
organizations or institutions for the purpose of furthering the
institute's objectives;
6. Offer at least one lecture annually by a distinguished writer on an
aspect of the creative imagination which will further the objectives of
the institute's programs and which will enrich the community's exposure
to the arts;
7. Establish and maintain such publications, records and documents as
may help arts audiences for the future and stimulate and aid the craft
of writing;
8. Foster cooperation among programs for writers in New York, including
workshops that will serve to enhance continued development in the craft
of writing and to increase opportunities for writers in New York state;
and
9. Develop other programs that will enhance the craft of writing and
opportunities for writers.
S 8.07. Site. The site of the New York state writers' institute shall be
at the state university of New York at Albany.
S 8.09. Administration. The institute shall be administered by a
director appointed by the trustees of the state university upon the
recommendation of the chancellor of the state university.
S 8.11. New York state Walt Whitman citation of merit for poets. 1. The
governor shall biennially present the New York state Walt Whitman citation
of merit to a distinguished New York poet upon the recommendation of the
panel constituted in this section. The poet selected shall be considered
the state poet and the citation shall carry an honorarium of ten thousand
dollars.
2. The institute shall biennially appoint and convene an advisory panel
of distinguished poets and persons with particular expertise in the field
of poetry. The director of the institute shall be a permanent member of the
advisory panel and each current state poet shall serve as a member of the
panel in choosing the next New York state Walt Whitman poet. The panel
shall recommend to the governor a poet whose achievements make him or her
deserving of such recognition.
3. The state poet shall promote and encourage poetry within the state and
shall give two public readings within the state each year.
4. The institute shall establish such procedures and guidelines as are
necessary to effect the provisions of this section.
S 8.13. New York state Edith Wharton citation of merit for fiction
writers. 1. The governor shall biennially present the New York state Edith
Wharton citation of merit to a distinguished New York author upon the
recommendation of the panel constituted in this section. The author
selected shall be considered the state author and the citation shall carry
an honorarium of ten thousand dollars.
2. The institute shall biennially appoint and convene an advisory panel
of distinguished authors and persons with particular expertise in the field
of fiction. The director of the institute shall be a permanent member of
the advisory panel and each current state author shall serve as a member of
the panel in choosing the recipient of the next New York state Edith
Wharton citation of merit. The panel shall recommend to the governor an
author whose achievements make him or her deserving of such recognition.
3. The state author shall promote and encourage fiction within the state
and shall give two public readings within the state each year.
4. The institute shall establish such procedures and guidelines as are
necessary to effect the provisions of this section.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 9
NEW YORK STATE THEATRE INSTITUTE CORPORATION
Section 9.01 Legislative findings and declaration.
9.03. Definitions.
9.05. New York state theatre institute corporation.
9.07. Objectives.
9.09. Administration.
9.11. General powers and duties of the corporation.
9.13. Reports.
9.15. Cooperation and assistance of other agencies.
S 9.01. Legislative findings and declaration. The legislature hereby
finds and declares that the legislative findings set down upon the creation
of the empire state youth theatre institute pursuant to chapter eight
hundred twenty-six of the laws of nineteen hundred seventy-four, continue
to be valid and hereby reaffirms and restates these findings:
1. The arts are a motivating force in our schools and in our society.
They are a sensitizing experience for a fuller life and a complement to the
skills of reading, writing and mathematics.
2. The use of creative arts for children and youth within the educational
structure has been shown to increase student success in all disciplines and
to encourage emotional growth.
3. Teachers should be experienced in the use of arts and theatre
techniques in reaching and working with children and young people, as well
as be prepared in the use of community cultural and human resources.
The legislature further finds that there should be a state theatre
institute dedicated to bringing arts in education to the children and young
people of this state.
It is further found that such state theatre institute should embody a
model theatre and education program for the children of New York state and
should symbolize the commitment of the people of the state of New York to
the maintenance and development of theatre and education for children and
young people while making programs of such theatre institute accessible to
the general public.
It is further found that such state theatre institute should establish
affiliations with public and private schools, institutions of higher
learning and arts centers to assure delivery of its services to young
people throughout the state.
It is therefore found and declared that these findings can best be met
through the establishment of a public benefit corporation to be known as
the New York state theatre institute corporation and the powers and duties
of the corporation defined in this article are necessary and proper for the
achievement of these ends.
S 9.03. Definitions. As used in this article:
1. "Corporation" shall mean the New York state theatre institute
corporation created by this article.
2. "Agency" means any state board, body, bureau, commission, council,
department, public authority, public corporation, division, office or other
governmental or proprietary function for the state.
S 9.05. New York state theatre institute corporation. The empire state
youth theatre institute is continued and reestablished and reconstituted as
the New York state theatre institute corporation.
S 9.07. Objectives. The New York state theatre institute corporation
shall:
1. Establish a theatre and education program for the children, youth and
educators of New York state, to include the performing and visual media
while emphasizing diversity, multi-culturalism and assuring access to and
involvement of the disabled;
2. Offer New York state elementary and secondary school teachers
in-service training in the use of theatre arts as a community resource, as
a complement to all other areas of education, and as an extension of
classroom curriculum;
3. Offer accredited interships in theatre arts education to students
being trained as teachers and artists by both public and private
institutions of higher learning;
4. Offer opportunities for high school and college level students from
private and public institutions of higher learning to participate in the
theatre, education and arts management aspects of the corporation through a
practicum;
5. Offer guidance and consultation on arts and education programs in
public and private elementary and secondary schools and institutions of
higher learning and community centers throughout the state;
6. Serve as a professional theatre company and an educational resource
center for children and young people;
7. Offer touring programs in theatre and associated education programs
for children and young people in public and private elementary and
secondary schools throughout the state; and
8. Develop theatre audiences for the future by stimulating children and
young people who have had little or no experience in the arts.
S 9.09. Administration. 1. The New York state theatre institute
corporation shall be a body corporate and politic constituting a public
benefit corporation. It shall have the powers and privileges of a
corporation and all of its business shall be transacted, all funds
invested, all warrants for money drawn and payments made, and all cash and
securities and any other personal and real property shall be held under its
corporate name.
2. The corporation shall consist of a board of directors comprised of a
chairperson and fourteen voting members representing the theatre, education
and business communities to be appointed by and serve at the pleasure of
the governor. Each member appointed shall be representative of the
disciplines applicable to the theatre institute program. The board of
directors shall consist of two members representing executives from the
corporate business sector to be appointed by the governor, one of whom
shall be designated as chairperson and the other to be designated as
treasurer; one member representing the practicing legal profession
specializing in arts and entertainment law to be appointed by the governor;
four members representing elementary-level teachers, two to be appointed by
the governor and two to be appointed upon the recommendation of the
temporary president of the senate; four members representing
secondary-level teachers, two to be appointed upon the recommendation of
the speaker of the assembly and two to be appointed by the governor; two
members representing higher education representing professionals or faculty
who work with children and young people, one to be appointed by the
governor and one to be appointed upon the recommendation of the minority
leader of the senate; two members representing professional theatre
specialists, one to be appointed upon the recommendation of the minority
leader of the assembly and one to be appointed by the governor. The
president of the citizens for the New York state theater institute, inc.
shall be an ex officio, non-voting member. The members first appointed
shall serve for a period of three years; their successors and all other
appointed members shall serve for a four-year term and each member shall
continue to serve until the appointment and qualification of his or her
successor. Vacancies among members otherwise than by the expiration of
term shall be filled by the appointing authority for the unexpired term.
The chairperson and other members of the board shall not be entitled to
compensation for their services but shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of their
official duties. A majority of the chairperson and other members of the
board shall constitute a quorum for the transaction of the business of the
corporation.
3. No member, officer or employee of the corporation shall be
disqualified from holding any other public office or employment, nor shall
he or she forfeit any such office or employment by reason of his or her
appointment hereunder notwithstanding the provisions of any general,
special or local law, ordinance, city or county charter.
4. The corporation shall continue until all its liabilities have been met
or otherwise discharged and until its existence shall have been terminated
by law. Upon the termination of the existence of the corporation, all of
its rights and property shall pass to and be vested in the state.
5. The corporation shall hold regular meetings at least quarterly and
shall hold special meetings on the call of the chairperson or any three
members upon giving notice thereof to all members of the corporation at
least forty-eight hours in advance. All meetings shall be held and notices
filed in accordance with the open meetings law.
6. The secretary of the corporation shall be elected from the board
membership.
7. The corporation shall be administered by a producing director who
shall be appointed by and serve at the pleasure of the board of directors.
8. The producing director shall be the chief executive officer of the
corporation, and shall, subject to the direction of the corporation, have
general supervision over the administration, artistic standards and
operation of the corporation's projects and facility. The producing
director shall recommend to the corporation appointments and non-renewal of
all other employees of the corporation as prescribed by the rules and
regulations pertaining to civil service and professional status according
to the laws governing the New York state employees.
9. The producing director and all other employees of the empire state
theatre institute existing under the jurisdiction and control of the state
university shall be transferred to the corporation as employees of the
state of New York, subject to the approval of the director of the budget.
Such transfer shall not in any way affect the civil service or professional
status, continuity of service, retirement plan status, collective
negotiating representation, right to compensation, grade or compensation or
other rights and privileges of any employee so transferred.
10. The producing director shall attend all corporation meetings and
shall have the right to speak at such meetings, but shall have no vote.
11. The board of directors shall adopt bylaws governing the conduct of
its meetings and other matters not included hereunder relating to its
organization and operations.
12. For purposes of sections seventy-three, seventy-three-a and
seventy-four of the public officers law, the New York state theatre
institute corporation is a state agency, the officers, members, and
employees of which are subject to the provisions thereof.
S 9.11. General powers and duties of the corporation. For carrying out
its purposes, the corporation shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes, including the power to purchase, alter, install and dispose of
fixtures, installations and equipment. The corporation may dispose of its
own property valued in excess of five thousand dollars, provided however,
that any such action is subject to a resolution which must be approved by a
majority of the board of directors at a meeting and such resolution must be
approved by the director of the budget;
4. To lease other real property from the state and other entities for
such terms and such conditions as may be agreed upon and, subject to the
provisions of such lease or leases, to sublease said property to others;
5. To appoint such employees as it may require for the performance of its
duties, and to fix and determine their qualifications, duties, and
compensation and to retain or employ counsel, auditors, and private
consultants on a contract basis or otherwise for rendering professional or
technical services and advice;
6. To make all contracts necessary and convenient to carry out its
purposes of production, education and operations and to execute all
instruments necessary and convenient;
7. To accept gifts, grants, loans or contributions from the United
States, the state of New York, or any agency or instrumentality of either
of them, or the city, the county, or an individual, foundation, firm or
corporation, by bequest or otherwise, and to expend the proceeds for any
purposes of the corporation;
8. To be required to pay no taxes or assessments upon any of the property
acquired by or under its jurisdiction, control or supervision or upon its
activities; and
9. To do all things necessary or convenient to carry out the functions,
powers and duties expressly set forth in this article.
S 9.13. Reports. 1. For the purposes of furnishing the state with
systematic information regarding its status and activities, the corporation
shall submit to the governor, the chairpersons of the assembly ways and
means and senate finance committees and the commissioner of taxation and
finance within ninety days after the end of the corporation's fiscal year,
a complete and detailed report setting forth: (a) its operations and
accomplishments; (b) an audited statement by an independent certified
public accountant experienced in theatrical productions including its
receipts and disbursements, or revenues and expenses, during such fiscal
year in accordance with generally accepted accounting principles; and (c)
its assets and liabilities at the end of its fiscal year, including the
status of reserve, special or other funds and including the receipts and
payments of these funds.
2. The corporation shall annually submit a proposed budget to the
director of the budget at the same time as budget requests are required to
be submitted by state agencies. The proposed budget shall contain a
personal services budget, an operating budget, an equipment budget and an
estimate of revenues. In addition, the corporation shall submit an
expenditure plan subject to the approval of the director of the budget
prior to the allocation of any appropriation. Such expenditure plan shall
provide information on such funds and in such detail as may be required by
the director of the budget, and any subsequent amendment to such plan shall
require the prior approval of the director of the budget.
S 9.15. Cooperation and assistance of other agencies. 1. To effect the
purposes of this article, the corporation may request from any department,
division, commission, or other agency of the state, and the same are
authorized and directed to provide such cooperation and assistance and
services of processing payroll for the corporation'
s state employees and
other services as would enable the corporation properly to carry out its
powers and duties hereunder.
2. The inventory of physical and other assets including the rights to
certain plays and other works belonging to the empire state youth theatre
institute located at the state university at Albany, at the research
foundation of the state university and at the empire state performing arts
center shall be transferred to the New York state theatre institute
corporation and shall be made immediately available to the corporation for
its production, education and operations programs in carrying out the
provisions of this article. The transfer of such inventory shall be
conducted in consultation with the empire state performing arts center, and
shall be subject to the approval of the commissioner of the office of
general services.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 10
INSTITUTE FOR THE HUDSON RIVER COLLECTION
Section 10.01. Legislative findings and declaration of intent.
10.03. Definitions.
10.05. Institute for the Hudson River Collection; creation;
board of directors; governance.
10.07. Objectives.
10.09. Reports.
10.11. Assistance of other agencies.
10.13. Additional considerations in fulfilling its responsibil-
ities.
S 10.01. Legislative findings and declaration of intent. The
legislature hereby finds and declares that the Hudson river area of New
York state, which includes that area of the state adjacent to the Hudson
river and extending from the Adirondack Mountains to the tip of
Manhattan Island in the city of New York, is unique for its contribution
to the arts, culture, history and heritage of this state, this nation
and the world.
It is further found and declared that efforts to identify and conserve
the literary and visual arts record of the Hudson river valley; to
maintain and make accessible the artistic and cultural materials that
document the heritage of this area; to support research, publications,
educational programs and to promote contemporary artistic works
interpreting the cultural and natural history of the area; and to
facilitate statewide, interstate and international collaborations and
exchange programs of art, artists and scholars concerning the history,
art and cultural contributions of the area to the state and to the
cultural, historic and artistic life of the country and the world are in
every respect in the public interest and to the benefit of all persons
in this state.
It is hereby declared a policy of the state that there be created the
Institute for the Hudson River Collection with a legislative mandate to
take such actions as are necessary and appropriate to assure the
strengthening, perpetuation and continued availability of the artistic
and cultural heritage of the Hudson river area to this state, the
country and the world.
S 10.03. Definitions. Except as otherwise provided herein and unless the
context shall otherwise require, as used in this article:
1. "Hudson river area" or "Hudson river valley" means the Hudson river
and adjacent areas between the Adirondack Mountains and the tip of
Manhattan Island in the city of New York.
2. "Institute" means the Institute for the Hudson River Collection
created by this article.
3. "State agency" means any state board, body, bureau, commission,
council, department, public authority, public corporation, division, office
or other governmental entity performing a governmental or proprietary
function for the state.
S 10.05. Institute for the Hudson River Collection; creation; board of
directors; governance. 1. The Institute for the Hudson River Collection is
hereby established under the jurisdiction of the New York state museum of
the state education department.
2. The institute shall consist of fifteen members. Nine of such members
shall be appointed by the governor by and with the advice and consent of
the senate, two of whom shall be the commissioner of parks, recreation and
historic preservation, and the chairman of the New York state council on
the arts or his or her representative, two of whom shall be so appointed on
recommendation of the temporary president of the senate, two on
recommendation of the speaker of the assembly, one on recommendation of the
minority leader of the senate and one on recommendation of the minority
leader of the assembly. Each member so appointed shall be representative
of those educational and cultural institutions of the state that hold
significant collections or conduct continuing research and education
programs on the cultural and natural history of the Hudson river area. The
commissioner of education shall be a member and shall serve as chairman of
the institute. Five of such members shall be appointed by the board of
regents in consultation with the commissioner of education.
3. The term of each member appointed by the governor shall be for three
years provided, however, that of the members first appointed (a) the
members first appointed on recommendation of the temporary president of the
senate and the speaker of the assembly shall be for terms ending December
thirty-first, nineteen hundred ninety, provided however that persons first
so appointed after December thirty-first, nineteen hundred ninety, shall be
appointed for terms ending December thirty-first, nineteen hundred
ninety-three; and (b) the persons appointed on recommendation of the
minority leader of the senate and the minority leader of the assembly shall
be appointed for terms ending December thirty-first, nineteen hundred
eighty-nine, provided however that persons first so appointed after
December thirty-first, nineteen hundred eighty-nine, shall be appointed for
terms ending December thirty-first, nineteen hundred ninety-two. Vacancies
shall be filled for the unexpired terms in the same manner as the original
appointment. The commissioners of parks, recreation and historic
preservation and education and the chairman of the New York state council
on the arts shall serve only during his tenure as such official.
4. Members shall receive no compensation for their services but shall be
allowed their reasonable expenses actually and necessarily incurred in the
performance of their duties, within the funds available from appropriations
made pursuant to section ninety-two-q of the state finance law. No member
shall be disqualified from holding any other public office or employment by
reason of such person's appointment or service as a member notwithstanding
the provisions of any other law to the contrary.
5. The institute shall conduct at least four regular meetings a year at
such times and places as may be fixed by it.
6. Eight members shall constitute a quorum for the transaction of
business and, unless a greater number is required by the by-laws, the
institute shall exercise its powers and duties by a vote of the majority of
the total members of the commission then serving.
7. The institute shall adopt by-laws governing the calling and conduct of
its meetings and all other matters relating to its organization and
internal operations.
S 10.07. Objectives. The Institute for the Hudson River Collection
shall:
1. Take steps to develop, enhance, stimulate and facilitate public and
private study and appreciation and interpretation of the heritage, legacy
and patrimony of the Hudson river area.
2. Support research, publications, educational programs and artistic
works interpreting the cultural and natural history of the Hudson river
valley and advise and assist any state department, board, bureau,
commission or other agency, or political subdivision of the state, in the
preparation and distribution of publications by such agencies concerning
the Hudson river area.
3. Facilitate statewide, interstate and international collaborations and
exchange programs of art, artists and scholars on the Hudson river school
of painting and the art history of the Hudson river valley.
4. Maintain and make accessible a comprehensive record of the artistic
and cultural materials that document the heritage of the Hudson river
valley.
5. Contract with other cultural institutions for the management of
projects which it initiates or facilitates.
6. Accept and disburse private and public grants, gifts, contributions
and bequests made in furtherance of its purposes.
7. Conduct such surveys as may be necessary, required or appropriate of
the public and private institutions and individuals engaged in cultural and
artistic activities in the Hudson river area, and make recommendations on
means to encourage and expand public and private interest in the Hudson
river area.
8. Hold public hearings on matters pertinent or appropriate to its
purposes.
9. Enter into contracts, within the amounts appropriated therefor
pursuant to section ninety-two-q of the state finance law, with
individuals, organizations and institutions for cooperative endeavors
furthering the cultural and artistic interests of the Hudson river area and
the objectives stated in this article.
10. Establish a New York state Hudson river art collection composed of
public and private holdings. The institute shall catalogue works of art in
the New York state Hudson river art collection.
11. Make and sign any agreements and do and perform any acts necessary,
desirable or appropriate to carry out the purposes of this article.
S 10.09. Reports. Not later than February first of each year the
institute shall report to the governor and the legislature on the needs,
opportunities and priorities for development of its programs.
S 10.11. Assistance of other agencies. The institute may request and
shall receive from any state agency or political subdivision of the state,
and the same are authorized to provide, such assistance and information as
will enable it to carry out its purposes and duties pursuant to this
article.
S 10.13. Additional considerations in fulfilling its responsibilities. In
fulfilling its responsibilities under this article, the institute shall
additionally:
1. Give consideration to the likelihood of any project undertaken to
attract or enhance tourism through a greater appreciation of the artistic
and cultural heritage of the Hudson river area.
2. Encourage the appreciation of the Hudson river area by individual
artists.
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New York State Consolidated Laws
Arts and Cultural Affairs
TITLE C
TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS
----------------------------------------------------------------------------
New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 11
DEFINITIONS
Section 11.01. Definitions.
S 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 subdivision twelve of
section 1-201 of the uniform commerical 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. "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.
21. "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.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 12
ARTIST-ART MERCHANT RELATIONSHIPS
Section 12.01. Artist-art merchant relationships.
12.03. Exemption from seizure.
S 12.01. Artist-art merchant relationships. 1. Notwithstanding any
custom, practice or usage of the trade, any provision of the uniform
commercial code or any other law, statute, requirement or rule, or any
agreement, note, memorandum or writing to the contrary:
(a) Whenever an artist or craftsperson, his heirs or personal
representatives, delivers or causes to be delivered a work of fine art,
craft or a print of his own creation to an art merchant for the purpose
of exhibition and/or sale on a commission, fee or other basis of
compensation, the delivery to and acceptance thereof by the art merchant
establishes a consignor/consignee relationship as between such artist or
craftsperson and such art merchant with respect to the said work, and:
(i) such consignee shall thereafter be deemed to be the agent of such
consignor with respect to the said work;
(ii) such work is trust property in the hands of the consignee for the
benefit of the consignor;
(iii) any proceeds from the sale of such work are trust funds in the
hands of the consignee for the benefit of the consignor;
(iv) such work shall remain trust property notwithstanding its
purchase by the consignee for his own account until the price is paid in
full to the consignor; provided that, if such work is resold to a bona
fide third party before the consignor has been paid in full, the resale
proceeds are trust funds in the hands of the consignee for the benefit
of the consignor to the extent necessary to pay any balance still due to
the consignor and such trusteeship shall continue until the fiduciary
obligation of the consignee with respect to such transaction is
discharged in full; and
(v) no such trust property or trust funds shall be subject or
subordinate to any claims, liens or security interest of any kind or
nature whatsoever.
(b) Waiver of any provision of this section is absolutely void except
that a consignor may lawfully waive the provisions of clause (iii) of
paragraph (a) of this subdivision, if such waiver is clear, conspicuous,
in writing and subscribed by the consignor, provided:
(i) no such waiver shall be valid with respect to the first two
thousand five hundred dollars of gross proceeds of sales received in any
twelve-month period commencing with the date of the execution of such
waiver;
(ii) no such waiver shall be valid with respect to the proceeds of a
work initially received on consignment but subsequently purchased by the
consignee directly or indirectly for his own account; and
(iii) no such waiver shall inure to the benefit of the consignee's
creditors in any manner which might be inconsistent with the consignor's
rights under this subdivision.
(c) proceeds from the sale of consigned works covered by this section
shall be deemed to be revenue from the sale of tangible goods and not
revenue from the provision of services to the consignor or others,
except that the provisions of this paragraph shall not apply to proceeds
from the sale of consigned works sold at public auction.
2. Nothing in this section shall be construed to have any effect upon
any written or oral contract or arrangement in existence prior to
September first, nineteen hundred sixty-nine or to any extensions or
renewals thereof except by the mutual written consent of the parties
thereto.
S 12.03. Exemption from seizure. No process of attachment, execution,
sequestration, replevin, distress or any kind of seizure shall be served
or levied upon any work of fine art while the same is enroute to or
from, or while on exhibition or deposited by a nonresident exhibitor at
any exhibition held under the auspices or supervision of any museum,
college, university or other nonprofit art gallery, institution or
organization within any city or county of this state for any cultural,
educational, charitable or other purpose not conducted for profit to the
exhibitor, nor shall such work of fine art be subject to attachment,
seizure, levy or sale, for any cause whatever in the hands of the
authorities of such exhibition or otherwise.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 13
EXPRESS WARRANTIES
Section 13.01. Express warranties.
13.03. Falsifying certificates of authenticity or
any similar written instrument.
13.05. Express warranties for multiples.
13.07. Construction.
S 13.01. Express warranties. Notwithstanding any provision of any
other law to the contrary:
1. Whenever an art merchant, in selling or exchanging a work of fine
art, furnishes to a buyer of such work who is not an art merchant a
certificate of authenticity or any similar written instrument it:
(a) Shall be presumed to be part of the basis of the bargain; and
(b) Shall create an express warranty for the material facts stated as
of the date of such sale or exchange.
2. Except as provided in subdivision four of this section, such
warranty shall not be negated or limited provided that in construing the
degree of warranty, due regard shall be given the terminology used and
the meaning accorded such terminology by the customs and usage of the
trade at the time and in the locality where the sale or exchange took
place.
3. Language used in a certificate of authenticity or similar written
instrument, stating that:
(a) The work is by a named author or has a named authorship, without
any limiting words, means unequivocally, that the work is by such named
author or has such named authorship;
(b) The work is "attributed to a named author" means a work of the
period of the author, attributed to him, but not with certainty by him;
or
(c) The work is of the "school of a named author" means a work of the
period of the author, by a pupil or close follower of the author, but
not by the author.
4. (a) An express warranty and disclaimers intended to negate or limit
such warranty shall be construed wherever reasonable as consistent with
each other but subject to the provisions of section 2-202 of the uniform
commercial code on parol or extrinsic evidence, negation or limitation
is inoperative to the extent that such construction is unreasonable.
(b) Such negation or limitation shall be deemed unreasonable if:
(i) the disclaimer is not conspicuous, written and apart from the
warranty, in words which clearly and specifically apprise the buyer that
the seller assumes no risk, liability or responsibility for the material
facts stated concerning such work of fine art. Words of general
disclaimer are not sufficient to negate or limit an express warranty; or
(ii) the work of fine art is proved to be a counterfeit and this was
not clearly indicated in the description of the work; or
(iii) the information provided is proved to be, as of the date of sale
or exchange, false, mistaken or erroneous.
S 13.03. Falsifying certificates of authenticity or any similar writ-
ten instrument. A person who, with intent to defraud, deceive or injure
another, makes, utters or issues a certificate of authenticity or any
similar written instrument for a work of fine art attesting to material
facts which the work does not in fact possess is guilty of a class A
misdemeanor.
S 13.05. Express warranties for multiples. 1. When an art merchant
furnishes the name of the artist of a multiple, or otherwise furnishes
information required by this title for any time period as to
transactions including offers, sales or consignments, the provisions of
section 13.01 of this article shall apply except that said section shall
be deemed to include sales to art merchants. The existence of a
reasonable basis in fact for information warranted shall not be a
defense in an action to enforce such warranty, except in the case of
photographs produced prior to nineteen hundred fifty, and multiples
produced prior to nineteen hundred.
2. The provisions of subdivision four of section 13.01 of this article
shall apply when an art merchant disclaims knowledge as to a multiple
about which information is required by this title, provided that in
addition, such disclaimer shall be ineffective unless clearly,
specifically and categorically stated as to each item of information and
contained in the physical context of other language setting forth the
required information as to a specific multiple.
S 13.07. Construction. 1. The rights and liabilities created by this
article shall be construed to be in addition to and not in substitution,
exclusion or displacement of other rights and liabilities provided by
law, including the law of principal and agent, except where such
construction would, as a matter of law, be unreasonable.
2. No art merchant who, as buyer, is excluded from obtaining the
benefits of an express warranty under this article shall thereby be
deprived of the benefits of any other provision of law.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 14
WORKS OF FINE ART; SCULPTURE AND MULTIPLES GENERALLY
Section 14.01. Right to reproduce works of fine art.
14.03. Artists authorship rights.
14.05. Sculpture; identifying mark.
14.06. Sculpture; written records.
14.07. Sculpture; unauthorized cast.
14.08. Violations.
S 14.01. Right to reproduce works of fine art. 1. Whenever a work of
fine art is sold or otherwise transferred by or on behalf of the artist
who created it, or his heirs or personal representatives, the
reproduction right thereto is reserved to the grantor until it passes
into the public domain by act or operation of law unless such right is
sooner expressly transferred by an instrument, note or memorandum in
writing signed by the owner of the rights conveyed or his duly
authorized agent.
2. Whenever an exclusive or non-exclusive conveyance of any
reproduction right is made by the holder of such right, or his duly
authorized agent, ownership of the physical work of fine art shall be
presumed to remain with and be reserved to the grantor unless expressly
transferred in writing by an instrument, note or memorandum or by other
written means, signed by the grantor or his duly authorized agent.
3. This article shall not apply to the sale, conveyance, donation or
other transfer of the physical work of fine art which does not include a
conveyance of a reproduction right in such work.
4. Nothing herein contained, however, shall be construed to prohibit
the fair use of such work of fine art.
5. Nothing in this section shall operate or be construed to conflict
with any rights or liabilities under federal copyright law.
S 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.
S 14.05. Sculpture; identifying mark. 1. Every sculpture produced,
fabricated or carved in or from this state after January first, nineteen
hundred ninety-one shall contain thereon, in a clear and legible fashion
and in an easily accessible location, a distinctive mark which identifies
the foundry or other production facility at which such sculpture was made,
and the year that such sculpture was made. This section shall also apply to
unique works of sculpture produced, fabricated or carved in this state.
2. It shall be unlawful for a foundry or other production facility (a) to
fail or refuse to affix an identifying mark and the year or (b) to affix a
false identifying mark or incorrect year to any sculpture produced by it.
Notwithstanding any other provision of law, violation of this subdivision
shall be punishable by a civil penalty not to exceed five thousand dollars
for each unlabeled or mislabeled sculpture.
3. It shall be unlawful for any person to deface, mark over or tamper with
the identifying mark and date required by this section to be included on a
sculpture. Notwithstanding any other provision of law, violation of this
subdivision shall be punishable by a civil penalty not to exceed five
thousand dollars for each instance of defacing, marking over or tampering
with such identifying mark or date. Any violation of this subdivision shall
be punishable in accordance with the penal law.
S 14.06. Sculpture; written records. 1. Any foundry or person in this
state producing one or more sculptures for any person subsequent to the
effective date of this article shall prepare, and maintain for a period of
not less than twenty-five years from the date of such production, records
that shall contain all of the information required to be provided pursuant
to subdivisions one and two of section 15.10 of this chapter. Such records
shall be open for inspection by the attorney general during ordinary
business hours upon notice of no less than three business days.
2. A duplicate of the written instrument provided to a purchaser by an art
merchant or art merchant's agent supplying information pursuant to article
fifteen of this chapter shall be retained by such art merchant and the art
merchant's agent for a period of not less than ten years from the date of
sale of the work, and shall be similarly considered a certificate of
authenticity subject to the provisions of section 13.03 of this chapter.
S 14.07. Sculpture; unauthorized cast. 1. For purposes of this section an
"unauthorized sculpture cast" shall mean any sculpture created by an artist
which is produced, fabricated, or carved either before or following the
death of such artist without the written permission of the artist or the
estate, heirs, or other legal representative of the artist.
2. It shall be unlawful to produce, offer for sale, sell or consign an
unauthorized sculpture cast, provided, however, that this prohibition shall
not apply where the phrase "THIS IS A REPRODUCTION" is imprinted and
appears in a clear and legible fashion on each such sculpture in the same
location and with the same size lettering as the date and identifying mark
as required by section 14.05 of this article.
S 14.08. Violations. Any violation of the provisions of section 14.05,
14.06 or 14.07 of this article may be enforced by the attorney general in
accordance with the provisions of section 15.17 of this chapter.
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New York State Consolidated Laws
Arts and Cultural Affairs
ARTICLE 15
SALE OF VISUAL ART OBJECTS AND SCULPTURES PRODUCED IN MULTIPLES
Section 15.01. Full disclosure in the sale of certain visual art objects
produced in multiples.
15.03. Information required.
15.05. Information required; nineteen hundred fifty to January
first, nineteen hundred eighty-two.
15.07. Information required; nineteen hundred to nineteen hundred
forty-nine.
15.09. Information required; pre-nineteen hundred.
15.10. Information required for sculptures.
15.11. Express warranties.
15.13. Construction.
15.15. Remedies and enforcement.
15.17. Enjoining violations.
15.19. Application of the article.
S 15.01. Full disclosure in the sale of certain visual art objects
produced in multiples. 1. An art merchant shall not sell or consign a
multiple in, into or from this state unless a written instrument is
furnished to the purchaser or consignee, at his request, or in any event
prior to a sale or consignment, which sets forth as to each multiple the
descriptive information requir