§ 14.01 — Right to reproduce works of fine art

New York § 14.01

• Jurisdiction: New York
• Law ACA: Arts and Cultural Affairs
• Title C: Transactions Involving Artists and Their Works
• Art. 14: Works of Fine Art; Sculpture and Multiples Generally

Text

§ 14.01. Right to reproduce works of fine art. 1. Whenever a work of\nfine art is sold or otherwise transferred by or on behalf of the artist\nwho created it, or his heirs or personal representatives, the\nreproduction right thereto is reserved to the grantor until it passes\ninto the public domain by act or operation of law unless such right is\nsooner expressly transferred by an instrument, note or memorandum in\nwriting signed by the owner of the rights conveyed or his duly\nauthorized agent.\n 2. Whenever an exclusive or non-exclusive conveyance of any\nreproduction right is made by the holder of such right, or his duly\nauthorized agent, ownership of the physical work of fine art shall be\npresumed to remain with and be reserved to the grantor unless expressly\ntransferred in writing by an instrument, note or memorandum or by other\nwritten means, signed by the grantor or his duly authorized agent.\n 3. This article shall not apply to the sale, conveyance, donation or\nother transfer of the physical work of fine art which does not include a\nconveyance of a reproduction right in such work.\n 4. Nothing herein contained, however, shall be construed to prohibit\nthe fair use of such work of fine art.\n 5. Nothing in this section shall operate or be construed to conflict\nwith any rights or liabilities under federal copyright law.\n