§ 5-62-2 Definitions. – Whenever used in this chapter except where the context clearly requires, theterms listed below have the following meanings:
(1) "Artist" means the creator of a work of fine art or, inthe case of multiples, the person who conceived or created the image, which iscontained in or which constitutes the master from which the individual printwas made;
(2) "Art merchant" means a person who is in the business ofdealing, exclusively or non-exclusively, in works of fine art or multiples, ora person who by his or her occupation holds himself or herself out as havingknowledge or skill peculiar to those works, or to whom that knowledge or skillmay be attributed by his or her employment of an agent or other intermediarywho by his or her occupation holds himself or herself out as having thatknowledge or skill. The term "art merchant" includes an auctioneer who sellsart works at public auction, and except in the case of multiples, includespersons, not otherwise defined or treated as art merchants in this section, whoare consignors or principals of auctioneers;
(3) "Author" or "authorship" refers to the creator of a workof fine art or multiple or to the period, culture, source or origin, as thecase may be, with which the creation of that work is identified in thedescription of the work;
(4) "Certificate of authenticity" means a written statementby an art merchant confirming, approving or attesting to the authorship of awork of fine art or multiple, which is capable of being used to the advantageor disadvantage of some person;
(5) "Conservation" means acts taken to correct deteriorationand alteration and acts taken to prevent, stop, or retard deterioration;
(6) "Counterfeit" means a work of fine art or multiple made,altered or copied, with or without intent to deceive, in any manner that itappears or is claimed to have an authorship which it does not in fact possess;
(7) "Craft" means a functional or non-functional workindividually designed, and crafted by hand, in any medium including, but notlimited to, textile, tile, paper, clay, glass, fiber, wood, metal or plastic;provided, that if produced in multiples, craft does not include works massproduced or produced in other than a limited edition;
(8) "Creditors" means "creditor" as defined in the UniformCommercial Code, § 6A-1-201(12);
(9) "Limited edition" means works of art produced from amaster, all of which are the same image and bear numbers or other markings todenote the limited production of the work to a stated maximum number ofmultiples, or are otherwise held out as limited to a maximum number ofmultiples;
(10 ) "Master", when used alone, is used in lieu of and meansthe same as such things as printing plate, stone, block, screen, photographicnegative or other like material which contains an image used to produce visualart objects in multiples, or in the case of sculptures, a mold, model, cast,form or other prototype, other than from glass, which additional multiples ofsculpture are produced, fabricated or carved;
(11) "On consignment" means that no title to, estate in, orright to possession of, the work of fine art or multiple that is superior tothat of the cosigner vests in the cosignee, notwithstanding the cosignee'spower or authority to transfer or convey all the right, title and interest ofthe cosignor, in and to such work, to a third person;
(12) "Person" means an individual, partnership, corporation,association, or other group, however organized;
(13) "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 fromphotographic negatives, or any combination of these processes;
(14) "Proofs" means multiples which are the same as, andwhich are produced from the same masters as, the multiples in a limitededition, but which, whether so designated or not, are set aside from and are inaddition to the limited edition to which they relate;
(15) "Reproduction" means a copy, in any medium, of a work offine art, that is displayed or published under circumstances that, reasonablyconstrued, evinces an intent that it be taken as a representation of a work offine art as created by the artist;
(16) "Reproduction right" means a right to reproduce, preparederivative works of, distribute copies of, publicly perform or publicly displaya work of fine art;
(17) "Sculpture" means a three-dimensional fine art objectproduced, fabricated or carved in multiple from a mold, model, cast, form orother 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($1,500);
(18) "Signed" means autographed by the artist's own hand, andnot by mechanical means of reproduction, after the multiple was produced,whether or not the master was signed or unsigned;
(19) "Visual art multiples" or "multiples" means prints,photographs, positive or negative, sculpture and similar art objects producedin more than one copy and sold, offered for sale or consigned in, into or fromthis state for an amount in excess of one hundred dollars ($100) exclusive ofany frame or in the case of sculpture, an amount in excess of fifteen hundreddollars ($1,500). Pages or sheets taken from books and magazines and offeredfor sale or sold as visual art objects shall be included, but books andmagazines are excluded;
(20) "Work of fine art" means any original work of visual orgraphic art of any medium which includes, but is not limited to, the following:painting; drawing; print; photographic print or sculpture of a limited editionof no more than three hundred (300) copies; provided, that "work of fine art"does not include sequential imagery such as that in motion pictures;
(21) "Written instrument" means a written or printedagreement, bill of sale, invoice, certificate of authenticity, catalogue or anyother written or printed note or memorandum or label describing the work offine art or multiple which is to be sold, exchanged or cosigned by an artmerchant.
§ 5-62-2 Definitions. – Whenever used in this chapter except where the context clearly requires, theterms listed below have the following meanings:
(1) "Artist" means the creator of a work of fine art or, inthe case of multiples, the person who conceived or created the image, which iscontained in or which constitutes the master from which the individual printwas made;
(2) "Art merchant" means a person who is in the business ofdealing, exclusively or non-exclusively, in works of fine art or multiples, ora person who by his or her occupation holds himself or herself out as havingknowledge or skill peculiar to those works, or to whom that knowledge or skillmay be attributed by his or her employment of an agent or other intermediarywho by his or her occupation holds himself or herself out as having thatknowledge or skill. The term "art merchant" includes an auctioneer who sellsart works at public auction, and except in the case of multiples, includespersons, not otherwise defined or treated as art merchants in this section, whoare consignors or principals of auctioneers;
(3) "Author" or "authorship" refers to the creator of a workof fine art or multiple or to the period, culture, source or origin, as thecase may be, with which the creation of that work is identified in thedescription of the work;
(4) "Certificate of authenticity" means a written statementby an art merchant confirming, approving or attesting to the authorship of awork of fine art or multiple, which is capable of being used to the advantageor disadvantage of some person;
(5) "Conservation" means acts taken to correct deteriorationand alteration and acts taken to prevent, stop, or retard deterioration;
(6) "Counterfeit" means a work of fine art or multiple made,altered or copied, with or without intent to deceive, in any manner that itappears or is claimed to have an authorship which it does not in fact possess;
(7) "Craft" means a functional or non-functional workindividually designed, and crafted by hand, in any medium including, but notlimited to, textile, tile, paper, clay, glass, fiber, wood, metal or plastic;provided, that if produced in multiples, craft does not include works massproduced or produced in other than a limited edition;
(8) "Creditors" means "creditor" as defined in the UniformCommercial Code, § 6A-1-201(12);
(9) "Limited edition" means works of art produced from amaster, all of which are the same image and bear numbers or other markings todenote the limited production of the work to a stated maximum number ofmultiples, or are otherwise held out as limited to a maximum number ofmultiples;
(10 ) "Master", when used alone, is used in lieu of and meansthe same as such things as printing plate, stone, block, screen, photographicnegative or other like material which contains an image used to produce visualart objects in multiples, or in the case of sculptures, a mold, model, cast,form or other prototype, other than from glass, which additional multiples ofsculpture are produced, fabricated or carved;
(11) "On consignment" means that no title to, estate in, orright to possession of, the work of fine art or multiple that is superior tothat of the cosigner vests in the cosignee, notwithstanding the cosignee'spower or authority to transfer or convey all the right, title and interest ofthe cosignor, in and to such work, to a third person;
(12) "Person" means an individual, partnership, corporation,association, or other group, however organized;
(13) "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 fromphotographic negatives, or any combination of these processes;
(14) "Proofs" means multiples which are the same as, andwhich are produced from the same masters as, the multiples in a limitededition, but which, whether so designated or not, are set aside from and are inaddition to the limited edition to which they relate;
(15) "Reproduction" means a copy, in any medium, of a work offine art, that is displayed or published under circumstances that, reasonablyconstrued, evinces an intent that it be taken as a representation of a work offine art as created by the artist;
(16) "Reproduction right" means a right to reproduce, preparederivative works of, distribute copies of, publicly perform or publicly displaya work of fine art;
(17) "Sculpture" means a three-dimensional fine art objectproduced, fabricated or carved in multiple from a mold, model, cast, form orother 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($1,500);
(18) "Signed" means autographed by the artist's own hand, andnot by mechanical means of reproduction, after the multiple was produced,whether or not the master was signed or unsigned;
(19) "Visual art multiples" or "multiples" means prints,photographs, positive or negative, sculpture and similar art objects producedin more than one copy and sold, offered for sale or consigned in, into or fromthis state for an amount in excess of one hundred dollars ($100) exclusive ofany frame or in the case of sculpture, an amount in excess of fifteen hundreddollars ($1,500). Pages or sheets taken from books and magazines and offeredfor sale or sold as visual art objects shall be included, but books andmagazines are excluded;
(20) "Work of fine art" means any original work of visual orgraphic art of any medium which includes, but is not limited to, the following:painting; drawing; print; photographic print or sculpture of a limited editionof no more than three hundred (300) copies; provided, that "work of fine art"does not include sequential imagery such as that in motion pictures;
(21) "Written instrument" means a written or printedagreement, bill of sale, invoice, certificate of authenticity, catalogue or anyother written or printed note or memorandum or label describing the work offine art or multiple which is to be sold, exchanged or cosigned by an artmerchant.
§ 5-62-2 Definitions. – Whenever used in this chapter except where the context clearly requires, theterms listed below have the following meanings:
(1) "Artist" means the creator of a work of fine art or, inthe case of multiples, the person who conceived or created the image, which iscontained in or which constitutes the master from which the individual printwas made;
(2) "Art merchant" means a person who is in the business ofdealing, exclusively or non-exclusively, in works of fine art or multiples, ora person who by his or her occupation holds himself or herself out as havingknowledge or skill peculiar to those works, or to whom that knowledge or skillmay be attributed by his or her employment of an agent or other intermediarywho by his or her occupation holds himself or herself out as having thatknowledge or skill. The term "art merchant" includes an auctioneer who sellsart works at public auction, and except in the case of multiples, includespersons, not otherwise defined or treated as art merchants in this section, whoare consignors or principals of auctioneers;
(3) "Author" or "authorship" refers to the creator of a workof fine art or multiple or to the period, culture, source or origin, as thecase may be, with which the creation of that work is identified in thedescription of the work;
(4) "Certificate of authenticity" means a written statementby an art merchant confirming, approving or attesting to the authorship of awork of fine art or multiple, which is capable of being used to the advantageor disadvantage of some person;
(5) "Conservation" means acts taken to correct deteriorationand alteration and acts taken to prevent, stop, or retard deterioration;
(6) "Counterfeit" means a work of fine art or multiple made,altered or copied, with or without intent to deceive, in any manner that itappears or is claimed to have an authorship which it does not in fact possess;
(7) "Craft" means a functional or non-functional workindividually designed, and crafted by hand, in any medium including, but notlimited to, textile, tile, paper, clay, glass, fiber, wood, metal or plastic;provided, that if produced in multiples, craft does not include works massproduced or produced in other than a limited edition;
(8) "Creditors" means "creditor" as defined in the UniformCommercial Code, § 6A-1-201(12);
(9) "Limited edition" means works of art produced from amaster, all of which are the same image and bear numbers or other markings todenote the limited production of the work to a stated maximum number ofmultiples, or are otherwise held out as limited to a maximum number ofmultiples;
(10 ) "Master", when used alone, is used in lieu of and meansthe same as such things as printing plate, stone, block, screen, photographicnegative or other like material which contains an image used to produce visualart objects in multiples, or in the case of sculptures, a mold, model, cast,form or other prototype, other than from glass, which additional multiples ofsculpture are produced, fabricated or carved;
(11) "On consignment" means that no title to, estate in, orright to possession of, the work of fine art or multiple that is superior tothat of the cosigner vests in the cosignee, notwithstanding the cosignee'spower or authority to transfer or convey all the right, title and interest ofthe cosignor, in and to such work, to a third person;
(12) "Person" means an individual, partnership, corporation,association, or other group, however organized;
(13) "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 fromphotographic negatives, or any combination of these processes;
(14) "Proofs" means multiples which are the same as, andwhich are produced from the same masters as, the multiples in a limitededition, but which, whether so designated or not, are set aside from and are inaddition to the limited edition to which they relate;
(15) "Reproduction" means a copy, in any medium, of a work offine art, that is displayed or published under circumstances that, reasonablyconstrued, evinces an intent that it be taken as a representation of a work offine art as created by the artist;
(16) "Reproduction right" means a right to reproduce, preparederivative works of, distribute copies of, publicly perform or publicly displaya work of fine art;
(17) "Sculpture" means a three-dimensional fine art objectproduced, fabricated or carved in multiple from a mold, model, cast, form orother 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($1,500);
(18) "Signed" means autographed by the artist's own hand, andnot by mechanical means of reproduction, after the multiple was produced,whether or not the master was signed or unsigned;
(19) "Visual art multiples" or "multiples" means prints,photographs, positive or negative, sculpture and similar art objects producedin more than one copy and sold, offered for sale or consigned in, into or fromthis state for an amount in excess of one hundred dollars ($100) exclusive ofany frame or in the case of sculpture, an amount in excess of fifteen hundreddollars ($1,500). Pages or sheets taken from books and magazines and offeredfor sale or sold as visual art objects shall be included, but books andmagazines are excluded;
(20) "Work of fine art" means any original work of visual orgraphic art of any medium which includes, but is not limited to, the following:painting; drawing; print; photographic print or sculpture of a limited editionof no more than three hundred (300) copies; provided, that "work of fine art"does not include sequential imagery such as that in motion pictures;
(21) "Written instrument" means a written or printedagreement, bill of sale, invoice, certificate of authenticity, catalogue or anyother written or printed note or memorandum or label describing the work offine art or multiple which is to be sold, exchanged or cosigned by an artmerchant.
