PRIOR PRINTER'S NO. 549 PRINTER'S NO. 1755
No. 490 Session of 1985
INTRODUCED BY HAGARTY, LEVIN, IRVIS, McVERRY, DAWIDA, MICHLOVIC,
GANNON, SHOWERS, FATTAH, GREENWOOD, G. M. SNYDER, SEMMEL,
AFFLERBACH, HERMAN, ARTY, FISCHER, COHEN, LANGTRY,
E. Z. TAYLOR, BUNT, FOX, PETRARCA AND O'DONNELL,
FEBRUARY 26, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 1985
AN ACT
1 Providing for the preservation of works of fine art and for the
2 rights of artists.
3 The General Assembly finds and declares that:
4 (1) The careers and professional reputations of artists
5 depend on the physical integrity of their works of fine art.
6 (2) The ongoing creation and preservation of fine art
7 contributes to the cultural enrichment and, therefore,
8 general welfare of the public.
9 (3) The act of altering, defacing, mutilating or
10 destroying a work of fine art jeopardizes and can cause
11 irreparable damage to the professional and economic interests
12 of the artist.
13 (4) In order to protect artists, and ultimately preserve
14 art for the benefit and enjoyment of the public, it is
15 necessary to afford artists certain legal rights and remedies
16 in relation to their works of fine art.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Short title.
4 This act shall be known and may be cited as the Fine Arts
5 Preservation Act.
6 Section 2. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Artist." An individual who is the creator of a work of fine
11 art.
12 "Conserve." To preserve a work of fine art by retarding or
13 preventing deterioration or damage through appropriate treatment
14 in accordance with prevailing standards in order to maintain the
15 physical integrity of a work of fine art.
16 "Display." To exhibit or prepare a work of fine art for
17 exhibition in a manner customarily considered to be appropriate
18 for a work of fine art in the particular medium.
19 "Fine art." An original work of visual or graphic art of
20 recognized quality created using any medium. The term shall
21 include, but not be limited to, a painting, drawing or
22 sculpture.
23 "FRAME." TO PREPARE, OR CAUSE TO BE PREPARED, A WORK OF FINE <--
24 ART FOR DISPLAY IN A MANNER CUSTOMARILY CONSIDERED TO BE
25 APPROPRIATE FOR A WORK OF FINE ART IN THE PARTICULAR MEDIUM.
26 "Restore." To return, as nearly as feasible, a deteriorated
27 or damaged work of fine art to its original state or condition
28 in accordance with prevailing standards.
29 Section 3. Rights of artists.
30 (a) General rule.--An artist shall retain at all times the <--
19850H0490B1755 - 2 -
1 right to claim authorship or, on the basis of a violation of
2 section 4, disclaim authorship of any work of fine art of which
3 the artist is the creator.
4 (b) Remedy.--An artist aggrieved under this act shall have a <--
5 cause of action for injunctive relief, actual damages, punitive
6 damages, reasonable attorney fees, expert witness fees, court
7 costs and any other relief which the court deems proper.
8 Section 4. Alteration, etc. of art prohibited.
9 (a) Consent required.--No person shall intentionally cause,
10 either directly or indirectly, the physical alteration,
11 defacement, mutilation or destruction of a work of fine art
12 located in this Commonwealth, except with the express consent of
13 the artist who created it, or the artist's heir, legatee or
14 personal representative.
15 (b) Civil liability.--Any person who, through gross
16 negligence, alters, defaces, mutilates or destroys a work of
17 fine art in violation of subsection (a) shall be liable to the
18 artist for said damage.
19 SECTION 4. MUTILATION, ALTERATION OR DESTRUCTION OF A WORK. <--
20 (A) INTENTIONAL ACTS.--NO PERSON, EXCEPT AN ARTIST WHO OWNS
21 AND POSSESSES A WORK OF FINE ART WHICH THE ARTIST HAS CREATED,
22 SHALL INTENTIONALLY COMMIT, OR AUTHORIZE THE INTENTIONAL
23 COMMISSION OF, ANY PHYSICAL DEFACEMENT, MUTILATION, ALTERATION
24 OR DESTRUCTION OF A WORK OF FINE ART.
25 (B) GROSS NEGLIGENCE.--IN ADDITION TO THE PROHIBITIONS
26 CONTAINED IN SUBSECTION (A), NO PERSON WHO FRAMES, CONSERVES OR
27 RESTORES A WORK OF FINE ART SHALL COMMIT, OR AUTHORIZE THE
28 COMMISSION OF, ANY PHYSICAL DEFACEMENT, MUTILATION, ALTERATION
29 OR DESTRUCTION OF A WORK OF FINE ART BY ANY ACT CONSTITUTING
30 GROSS NEGLIGENCE.
19850H0490B1755 - 3 -
1 (c) Definition.--As used in this section the term "gross
2 negligence" means the exercise of so slight a degree of care as
3 to justify the belief that a person acted with indifference
4 toward the physical integrity of a work of fine art.
5 SECTION 5. REMEDIES. <--
6 TO EFFECTUATE THE RIGHTS CREATED BY THIS SECTION, THE ARTIST
7 MAY COMMENCE AN ACTION TO RECOVER OR OBTAIN ANY OF THE
8 FOLLOWING:
9 (1) INJUNCTIVE RELIEF.
10 (2) ACTUAL DAMAGES.
11 (3) PUNITIVE DAMAGES. IN THE EVENT THAT PUNITIVE DAMAGES
12 ARE AWARDED, THE COURT SHALL, IN ITS DISCRETION, SELECT AN
13 ORGANIZATION OR ORGANIZATIONS ENGAGED IN CHARITABLE OR
14 EDUCATIONAL ACTIVITIES INVOLVING THE FINE ARTS IN
15 PENNSYLVANIA TO RECEIVE SUCH DAMAGES.
16 (4) REASONABLE ATTORNEY AND EXPERT WITNESS FEES.
17 (5) ANY OTHER RELIEF WHICH THE COURT DEEMS PROPER.
18 Section 5 6. Evidence. <--
19 In determining whether a work of art is of recognized quality
20 and thus fine art, as defined in this act, the trier-of-fact
21 shall rely on the testimony of artists, art dealers, collectors
22 of fine art, curators of art museums and other persons involved
23 with the creation or commercial trade of fine art.
24 Section 6 7. Rights and duties. <--
25 The rights and duties created under this act:
26 (1) Shall exist, with respect to a living artist or a
27 deceased artist's heir, legatee or personal representative,
28 until the end of the 50th year following the artist's death.
29 (2) May not be waived except by a written statement
30 expressly so providing and signed by the artist or under the
19850H0490B1755 - 4 -
1 conditions prescribed in section 7.
2 (3) Shall not exist with respect to a work of fine art
3 created under contract for advertising or other commercial
4 use, unless the contract so provides.
5 Section 7. Removal. <--
6 (a) Alteration unavoidable.--If a work of fine art cannot be
7 removed from a building without being substantially altered,
8 defaced, mutilated or destroyed, the rights and duties created
9 under this act shall, unless expressly reserved by a written
10 statement signed by the owner of the building and properly
11 recorded, be deemed waived with respect to the owner and any
12 other person who subsequently succeeds the owner's interest in
13 the building.
14 (b) Removal without alteration.--If a work of fine art can
15 be removed from a building without being substantially altered,
16 defaced, mutilated or destroyed, the owner of the building shall
17 nonetheless be excused from liability under this act if:
18 (1) the owner has diligently attempted, without success,
19 to notify the artist or, if the artist is deceased, the
20 artist's heir, legatee or personal representative, in
21 writing, of the intended removal; or
22 (2) the owner duly provided notice, but the person
23 notified failed within 90 days following the notice to either
24 remove the work of fine art or pay for its removal.
25 If, pursuant to this subsection, a work of fine art is removed
26 from a building by or at the expense of the artist or, in the
27 appropriate case, the artist's heir, legatee or personal
28 representative, title to the work shall pass to that person.
29 SECTION 8. REMOVAL FROM BUILDING; WAIVER. <--
30 (A) ALTERATION UNAVOIDABLE.--IF A WORK OF FINE ART CANNOT BE
19850H0490B1755 - 5 -
1 REMOVED FROM A BUILDING WITHOUT SUBSTANTIAL PHYSICAL DEFACEMENT,
2 MUTILATION, ALTERATION OR DESTRUCTION OF SUCH WORK, THE RIGHTS
3 AND DUTIES CREATED UNDER THIS SECTION, UNLESS EXPRESSLY RESERVED
4 BY AN INSTRUMENT, IN WRITING, SIGNED BY THE OWNER OF THE
5 BUILDING, SHALL BE DEEMED WAIVED. SUCH INSTRUMENT SHALL BE
6 BINDING ON SUBSEQUENT OWNERS OF THE BUILDING.
7 (B) REMOVAL WITHOUT ALTERATION.--IF THE OWNER OF A BUILDING
8 WISHES TO REMOVE A WORK OF FINE ART WHICH IS A PART OF SUCH
9 BUILDING BUT WHICH CAN BE REMOVED FROM THE BUILDING WITHOUT
10 SUBSTANTIAL HARM TO SUCH FINE ART, THE RIGHTS AND DUTIES CREATED
11 UNDER THIS SECTION SHALL APPLY UNLESS THE OWNER HAS DILIGENTLY
12 ATTEMPTED WITHOUT SUCCESS TO NOTIFY THE ARTIST, OR, IF THE
13 ARTIST IS DECEASED, HIS HEIR, LEGATEE OR PERSONAL
14 REPRESENTATIVE, IN WRITING, OF HIS INTENDED ACTION AFFECTING THE
15 WORK OF FINE ART, OR UNLESS HE DID PROVIDE NOTICE AND THAT
16 PERSON FAILED WITHIN 90 DAYS EITHER TO REMOVE THE WORK OR TO PAY
17 FOR ITS REMOVAL. IF SUCH WORK IS REMOVED AT THE EXPENSE OF THE
18 ARTIST, HIS HEIR, LEGATEE OR PERSONAL REPRESENTATIVE, TITLE TO
19 SUCH FINE ART SHALL PASS TO THAT PERSON.
20 (C) RIGHTS OF AUTHORSHIP NOT AFFECTED.--NOTHING IN THIS ACT
21 SHALL AFFECT THE RIGHTS OF AUTHORSHIP CREATED IN SECTION 3.
22 (D) EMERGENCY SITUATIONS.--NO LIABILITY SHALL ACCRUE TO THE
23 OWNER OF THE BUILDING OR HIS AGENT WHO REMOVES A WORK OF FINE
24 ART AND, BY DOING SO, CAUSES THE WORK OF FINE ART TO BE ALTERED,
25 DEFACED, MUTILATED OR DESTROYED DUE TO AN EMERGENCY SITUATION
26 WHICH PROVIDES NO OPPORTUNITY FOR THE OWNER OF THE BUILDING TO
27 PROVIDE DUE NOTICE TO THE ARTIST.
28 Section 8 9. Period of limitation. <--
29 No action may be maintained to enforce any right under this
30 act unless brought within three years of the violation
19850H0490B1755 - 6 -
1 complained of or one year after the discovery of the violation,
2 whichever is later.
3 Section 9 10. Application of act. <--
4 This act shall apply to all works of art now existing or
5 hereafter created.
6 Section 10 11. Effective date. <--
7 This act shall take effect in 60 days.
A18L37DGS/19850H0490B1755 - 7 -