§ 51:2155 — Scope of applicability

Louisiana § 51:2155

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

A. Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials shall not by itself constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C), provided such alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art. For purposes of this Section, the term "gross negligence" shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular 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 constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C).
C. Conservation or restoration shall not constitute an alteration, defacement, mutilation, or modification within the meaning of this Chapter unless the alteration, defacement, mutilation, or modification would not have occurred but for negligence in the conservation or restoration work.
D. This Chapter shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
E. The provisions of this Chapter shall apply only to works of fine art or reproductions thereof knowingly displayed to others, made accessible to the public, or published in this state or to acts in violation of this Chapter by a person who is subject to the jurisdiction of this state.
F.(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of such work, the rights and duties created under this Chapter, unless expressly reserved by an instrument in writing signed by the owner of such building and properly recorded, shall be deemed waived. Such instrument, if recorded, shall be binding on subsequent owners of such building.
(2) If the owner of a building wishes to remove a work of fine art which is a part of such building, but which can be removed from the building without substantial harm to such fine art, the rights and duties created under this Chapter shall apply, unless the owner has diligently attempted without success to notify the artist in writing of his intended action affecting the work of fine art, or unless he did provide such notice and the artist fails within ninety days either to remove the work or to pay for its removal. If such work is removed by or at the expense of the artist, title to such work of fine art shall be deemed to be in the artist.
G. The provisions of this Chapter apply to any works of fine art regardless of when created.

Legislative History

Acts 1986, No. 599, §1.