Article 2.

Sale of Prints.

25C-10.  Definitions.

As used in this Article, the term:

(1)        "Artist" means any person who created or who conceived of and approved:

a.         The master image of a work of art for a print, including but not limited to a photograph or a negative; or

b.         The master image of a work of art which served as the model for a print.

(2)        "Art dealer" means a person:

a.         Who is in the business of dealing in prints to which this Article applies; or

b.         Who holds himself out as having knowledge or skills particular to prints to which this Article applies; or

c.         Who employs an agent or other intermediary who holds himself out as having knowledge or skills particular to prints to which this Article applies; or

d.         Who is a professional auctioneer who sells prints to which this Article applies, at auctions.

(3)        "Fine print" means a printed image on paper or any other suitable substance which is based on an artist's master image and has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts, and includes but is not limited to engraving, etching, woodcut, lithograph, or serigraph, or a print developed or created from a negative when such negative is itself an original work of art.

(4)        "Person" means an individual, partnership, corporation, association, joint venture, or any other legal or commercial entity.

(5)        "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.

(6)        "Print" means a fine print or reproduction as defined in this Article.

(7)        "Photograph" means the image produced upon a photosensitive surface by the chemical action of light.

(8)        "Negative" means any negative image, photographic plate, slide, or other material created by the artist and used for the purpose of creating the print.

(9)        "Reproduction" means a copy of a fine print or other work of art made by a commercial mechanical process which does not require the use of an original plate or an original negative.

(10)      "Signed print" means a finished fine print autographed by the artist and not by mechanical means of reproduction, whether or not it was signed or unsigned in the plate.

(11)      "Work of art" means an original art work that is:

a.         A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;

b.         A work of calligraphy;

c.         A work of graphic art, including but not limited to a fine print;

d.         A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or

e.         A work in mixed media, including a collage or a work consisting of any combination of works included in this subdivision. (1989, c. 464; 1997-456, s. 27.)