Section 117.10. Prohibited acts.

 

(1)   Misrepresentation about multiple art. No art dealer may misrepresent any element of a work of multiple art. Unless otherwise proven, any representation not consistent with generally accepted trade literature or the general consensus of expert members of the art trade is a misrepresentation under this subsection. The art dealer has the burden of proving, by a preponderance of the evidence, the truth of any representation not based on these sources. Misrepresentations prohibited under this subsection include:

(a) Misrepresenting a non-original work of multiple art as an original.

(b) Failing to disclose as part of any representations concerning a photomechanical reproduction that photographic or electronic procedures were used in the work's production, if:

1. The work's price exceeds $800.

2. Any representation of the photomechanical reproduction includes a term such as "lithography", "etching", "silkscreening","serigraphy", "woodcutting" or "engraving", which is used in a manner implying the work was created by a classical means of production.

(c) Selling or offering to sell a work of multiple art that appears to be signed by the artist, but is not.

(d) Selling or offering to sell a work of multiple art exhibiting a numerical or other code that states or implies the work is part of any limited edition, such as 23/200, A.P., E.A. or H.C., if the work is not part of a limited edition.

(e)

1. Any misrepresentation regarding an element of a work of multiple art, including:

a. The artist's identity.

b. The authenticity of the artist's signature.

c. The master from which the work was created and whether the master has been effaced or destroyed.

d. The medium in which originals of the work were created.

e. The means, date, manner and circumstances of the work's or the master's production, including the involvement of the artist and the artist's estate, pupils or representatives.

f. The work's image dimensions.

g. The type of paper used, if the work is a print.

h. The involvement of photomechanical procedures in producing the work.

i. The itemization and identification of all editions of the work.

j. The work's prior sales or ownership history.

k. The number of works produced or to be produced in a limited edition.

2. Any misrepresentation regarding the availability of information about a work of multiple art from normal trade sources.

3. This paragraph applies to the supplier's declaration, the disclosure and warranty statement and any other representation regarding a work of multiple art.

(f) Any inaccuracy in a disclosure and warranty statement made under s. ATCP 117.15 or a supplier's declaration under s. ATCP 117.20 and any representation inconsistent with those made in the statement or declaration. An art dealer who states on a disclosure and warranty statement that an item of information is "unknown", when the art dealer actually knows the information or when the item could be determined either from generally accepted trade literature or from the general consensus of expert members of the art trade, has made a misrepresentation prohibited under this paragraph.

(2)   Misrepresentations about the market value of a work of multiple art. No art dealer may misrepresent the market value of a work of multiple art. If a work's represented market value exceeds its actual market value by 30% or more, calculated as of the date the representation is made, the work shall conclusively be found to have been misrepresented under this subsection. The art dealer's price of a work of multiple art is a representation of market value if, in conjunction with an offer to sell or sale of the work to a buyer, the dealer also makes:

(a) Representations that state or imply the work's market, appraisal, replacement, resale, insurance, charitable donation or other monetary value equals or exceeds its price.

(b) Representations about another work's market value or price in a context that states or implies the work being sold has a market value equal to or exceeding its price or has investment or asset preservation potential.

(c) Representations concerning the existing or potential public prominence of the work or the artist in a context that states or implies the work has investment or asset preservation potential.

(d) Other references to the work or the artist in a context that states or implies the work has investment or asset preservation potential.

(3)   Misrepresentations about disclosure and warranty statements and supplier's declarations. No art dealer may misrepresent to a prospective buyer or buyer the purpose of a disclosure and warranty statement required under s. ATCP 117.15 or a supplier's declaration under s. ATCP 117.20 .

(4)   Records. No art dealer or supplier may falsify any record required to be retained under this rule or misrepresent its status or existence. No art dealer or supplier may refuse the department access to inspect and copy any record required under this rule.

History: Cr. Register, August, 1990, No. 416 , eff. 9-1-90.

Note

This paragraph does not prohibit the sale of works where the artist's signature was affixed to the master and is printed in the work. See s. ATCP 117.05 (14) for the definition of a "signed" work. Microsoft Windows NT 6.1.7601 Service Pack 1 "A.P." is used to designate "artist's proofs". "E.A.", or "edition artiste", has the same meaning, while "H.C." means "hors de commerce", which was generally used to denote prints the artist retained or the artist's agent carried as representative samples. Microsoft Windows NT 6.1.7601 Service Pack 1