2009 California Civil Code - Section 1740-1741 :: Chapter 1. General Provisions

CIVIL CODE
SECTION 1740-1741

1740.  As used in this title:
   (a) "Fine art multiple" or "multiple" for the purposes of this
title means any fine print, photograph (positive or negative),
sculpture cast, collage, or similar art object produced in more than
one copy. Pages or sheets taken from books and magazines and offered
for sale or sold as art objects shall be included, but books and
magazines shall be excluded.
   (b) "Fine print" or "print" means a multiple produced by, but not
limited to, engraving, etching, woodcutting, lithography, and
serigraphy, and means multiples produced or developed from
photographic negatives, or any combination thereof.
   (c) "Master" is used in lieu of and has the same meaning as a
printing plate, stone, block, screen, photographic negative, or mold
or other process as to a sculpture, which contains an image used to
produce fine art objects in multiples.
   (d) "Artist" means the person who created the image which is
contained in, or constitutes, the master or conceived of, and
approved the image which is contained in, or constitutes, the master.
   (e) Whether a multiple is "signed" or "unsigned" as these terms
are used in this title relating to prints and photographs, depends
upon whether or not the multiple was autographed by the artist's own
hand, and not by mechanical means, after the multiple was produced,
irrespective of whether it was signed or unsigned in the plate.
   (f) "Impression" means each individual fine art multiple made by
printing, stamping, casting, or any other process.
   (g) "Art dealer" means a person who is in the business of dealing,
exclusively or nonexclusively, in the fine art multiples to which
this title is applicable, or a person who by his or her occupation
holds himself or herself out as having knowledge or skill peculiar to
these works, or to whom that knowledge or skill may be attributed by
his or her employment of an agent or other intermediary who by his
or her occupation holds himself or herself out as having that
knowledge or skill. The term "art dealer" includes an auctioneer who
sells these works at public auction, but excludes persons, not
otherwise defined or treated as art dealers herein, who are
consignors or principals of auctioneers.
   (h) "Limited edition" means fine art multiples produced from a
master, all of which are the same image and bear numbers or other
markings to denote the limited production thereof to a stated maximum
number of multiples, or are otherwise held out as limited to a
maximum number of multiples.
   (i) "Proofs" means multiples which are the same as, and which are
produced from the same master as, the multiples in a limited edition,
but which, whether so designated or not, are set aside from and are
in addition to the limited edition to which they relate.
   (j) "Certificate of authenticity" means a written or printed
description of the multiple which is to be sold, exchanged, or
consigned by an art dealer. Every certificate shall contain the
following statement:
   "This is to certify that all information and the statements
contained herein are true and correct."
   (k) "Person" means an individual, partnership, corporation,
limited liability company, association, or other entity, however
organized.

1741.  This title shall apply to any fine art multiple when offered
for sale or sold at wholesale or retail for one hundred dollars
($100) or more, exclusive of any frame.


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