Table of Contents
ART PRESERVATION AND ARTISTS' RIGHTS
Sec. 42-116t. Alteration of work of fine art prohibited. Rights of artist. Enforcement. Waiver of rights. Statute of limitations re liability.
Sec. 42-116t. Alteration of work of fine art prohibited. Rights of artist. Enforcement. Waiver of rights. Statute of limitations re liability. (a) No person, except
an artist who owns and possesses a work of fine art which the artist has created, shall
intentionally commit, or authorize the intentional commission of, any physical defacement or alteration of a work of fine art.
(b) The artist shall retain at all times the right to claim authorship.
(c) To effectuate the rights created by section 42-116s and this section, the artist
may commence an action to recover or obtain any of the following: (1) Injunctive relief,
(2) actual damages, (3) reasonable attorney's and expert witness fees, and (4) any other
relief which the court deems proper.
(d) The rights and duties created under section 42-116s and this section: (1) Shall,
with respect to the artist, or if any artist is deceased, his heir, legatee or designated
personal representative, exist until the fiftieth anniversary of the death of such artist,
(2) shall exist in addition to any other rights and duties which may be applicable on or
after October 1, 1988, and (3) except as provided in subsection (e) of this section, may
not be waived except by an instrument in writing expressly so providing which is signed
by the artist.
(e) If a work of fine art cannot be removed from a building without substantial
physical defacement or alteration of such work, the rights and duties created under this
section, unless expressly reserved by an instrument in writing signed by the owner of
such building executed and witnessed in the same manner provided for deeds in section
47-5 and properly recorded, shall be deemed waived. Such instrument, if properly recorded, shall be binding on subsequent owners of such building.
(f) No action may be maintained to enforce any liability under section 42-116s and
this section unless brought within three years of the act complained of or one year after
discovery of such act, whichever is longer, except that no action may be brought more
than ten years from the date of the act complained of.
(g) The provisions of section 42-116s and this section shall apply to works of art
created on or after October 1, 1988.
(P.A. 88-284, S. 2-8; P.A. 05-288, S. 144.)
History: P.A. 05-288 made a technical change in Subsec. (d), effective July 13, 2005.