As we reported back in February, the State Assembly and Senate are considering parallel versions of an amendment to the New York Arts & Cultural Affairs Law that would enhance protections for art authenticators by raising the burden of proof and providing for prevailing-party attorneys’ fees. Our view was, and remains, that the law would be an improvement on the status quo because it would protect the player that often has the least upside in an authentication but who may find herself the target of the disappointed party’s wrath.
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Topics: Donn Zaretsky, Andy Warhol Foundation, Art in America, Daniel Grant, New York State Assembly, authentication, Tracy Zwick, American Rule, Bill No. A09016, Art Law Day, New York Observer, clear and convincing evidence, Wolfgang Beltracchi, Art Law Committee, Chagall Committee, Appraisers Association of America, Keith Haring Foundation, New York Arts and Cultural Affairs Law, New York City Bar Association, authenticator, M. Knoedler & Co., Chagall, Senate Bill No. S06794
The New York Senate Standing Committee on Cultural Affairs, Tourism, Parks and Recreation has unanimously endorsed Senate Bill No. S06794. The Committee was no doubt moved by yesterday’s sought-after Art Law Report endorsement. . . .
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Topics: Andy Warhol Foundation, New York State Assembly, authentication, Bill No. A09016, clear and convincing evidence, Appraisal, Wolfgang Beltracchi, Art Law Committee, Keith Haring Foundation, New York Arts and Cultural Affairs Law, New York City Bar Association, authenticator, M. Knoedler & Co., Senate Bill No. S06794
It was first reported at the Appraisers Association of America’s Art Law Day in November, 2013 that the New York City Bar Association’s Art Law Committee had drafted a proposed revision to New York’s Art and Cultural Affairs Law to address the rights of authenticators. That proposal, publicized a month later, has now become an actual bill introduced in the New York State Assembly, as Senate Bill No. S06794 and Assembly Bill No. A09016. The bills were then referred to their respective committees for further deliberation.
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Topics: Andy Warhol Foundation, New York State Assembly, authentication, American Rule, Bill No. A09016, Art Law Day, clear and convincing evidence, Appraisal, Wolfgang Beltracchi, Art Law Committee, Chagall Committee, Appraisers Association of America, Keith Haring Foundation, New York Arts and Cultural Affairs Law, New York City Bar Association, authenticator, M. Knoedler & Co., Chagall, Senate Bill No. S06794
