As used in this chapter:

(a) "Artist" means any person who conceived or created:

(1) the master image for a fine print; or

(2) the master image which served as the model for a fine print.

(b) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph.

(c) "Reproduction" means a copy of an original print made by a commercial mechanical process which does not require the use of a plate.

(d) "Art merchant" means a person who:

(1) deals in fine prints to which this article is applicable; or

(2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or

(3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or

(4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions.

(e) "Person" means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in Section 39-16-10(d).

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

(g) "Print" means a fine print.

(h) "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate.

HISTORY: 1986 Act No. 396, eff September 1, 1986; 1988 Act No. 506, Sections 1, 2, eff May 9, 1988.

Effect of Amendment

The 1988 amendment in item (d), subitem (4) added the language relating to holding himself out as having knowledge or skill, and in item (e) added "auctioneer".