Register October 2004 No. 586
Chapter ATCP 117
ART PRINTS AND MULTIPLE ART; SALES PRACTICES
Required disclosure and warranty statements.
Ch. ATCP 117 Note
This chapter is adopted under authority of s. 100.20 (2)
, Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6)
, 100.26 (3)
, Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5)
, Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys' fees.
This chapter applies to all sales of and offers to sell works of multiple art between an art supplier and an art dealer or between an art dealer and a buyer, if any portion of the transaction occurs in Wisconsin, including deliveries into or from Wisconsin and solicitations by mail or telephone where the solicitor or buyer is in Wisconsin.
ATCP 117.01 Note
Sale solicitations by mail or telephone may also be subject to regulation under ch. ATCP 127
and under ch. 423
ATCP 117.01 History
Cr. Register, August, 1990, No. 416
, eff. 9-1-90.
A person who is in the business or represents himself or herself as being in the business of dealing, exclusively or non-exclusively, in the sale of multiple art.
An agent, officer, director, employee or other representative of a person listed in par. (a)
"Buyer" means any person, other than an art dealer, who buys multiple art from an art dealer.
"Department" means the department of agriculture, trade and consumer protection.
"Investment art" means a work of multiple art whose price exceeds $800.
"Limited edition" means the total number that will be designated as part of any "limited edition" of a work of multiple art has been established, in a manner that binds all further production, by a person who can control production of the limited edition. The total number designated as being within the "limited edition" shall consist of every original and copy of the work which is identified or will be identified as being part of a "limited edition", including any original or copy:
Designated as a proof, artist's copy, sample or part of a numbered or unnumbered series.
"Mail" includes public or private mail or parcel service.
"Market value" means the price at which a work of multiple art could be sold in a bona fide transaction for investment or asset preservation purposes to an expert utilizing generally accepted appraisal criteria and acting on behalf of a retail buyer. "Market value" excludes the bona fide retail value of framing and mounting.
"Master" means the plate, stone, block, screen, mold, photographic negative or similar matrix containing the image used to produce a work of multiple art.
"Multiple art" means a print, sculpture, bas relief, etching or other work of visual art, excluding motion pictures or video, produced from a master in quantities of 2 or more.
"Original" means a work of multiple art meeting each of the following conditions:
The work's master was either created by the artist alone or by the artist and by others acting under the artist's supervision and direction.
The work's master was created for the purpose of producing the work of multiple art.
The work was produced by or under the supervision and direction of the artist.
"Photomechanical reproduction" means a work of multiple art whose production involved, at any stage, the use of photographic or electronic procedures.
The amount charged by an art dealer for a single work of multiple art or for a series of related works of multiple art sold at the same time.
The amount at which an art dealer represents that he or she will sell a single work of multiple art or a series of related works of multiple art. A representation of price includes any advertisement, posted price or oral statement made to a prospective buyer.
"Price" does not include the bona fide retail value of framing and mounting.
"Sell" includes the consignment or exchange of a work of multiple art.
"Signed" means the actual hand signature of the artist, affixed to a work of multiple art. "Signed" does not include any reproduction of the artist's signature or a signature made by any person other than the artist, whether authorized or not.
"Supplier" means a person who sells a work of multiple art to an art dealer.
"Telephone" includes any electronic transfer of data, including telex, cellular, facsimile and modem transmissions.
ATCP 117.05 History
Cr. Register, August, 1990, No. 416
, eff. 9-1-90.
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:
Misrepresenting a non-original work of multiple art as an original.
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:
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.
Selling or offering to sell a work of multiple art that appears to be signed by the artist, but is not.
ATCP 117.10 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.
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.
ATCP 117.10 Note
Note: "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.
Any misrepresentation regarding an element of a work of multiple art, including:
The master from which the work was created and whether the master has been effaced or destroyed.
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.