Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 117 - Art prints and multiple art; sales practices
Section ATCP 117.05 - Definitions

Universal Citation: WI Admin Code ยง ATCP 117.05

Current through August 26, 2024

In this chapter:

(1) "Art dealer" means either of the following:

(a) 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.

(b) An agent, officer, director, employee or other representative of a person listed in par. (a).

(2) "Buyer" means any person, other than an art dealer, who buys multiple art from an art dealer.

(3) "Department" means the department of agriculture, trade and consumer protection.

(4) "Investment art" means a work of multiple art whose price exceeds $800.

(5) "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:

(a) Produced on paper of a type different from the work.

(b) Exhibiting minor variations in size, color or image.

(c) Designated as a proof, artist's copy, sample or part of a numbered or unnumbered series.

(d) Containing the image of the work.

(e) Consisting of a portion of the image represented by the work.

(6) "Mail" includes public or private mail or parcel service.

(7) "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.

(8) "Master" means the plate, stone, block, screen, mold, photographic negative or similar matrix containing the image used to produce a work of multiple art.

(9) "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.

(10) "Original" means a work of multiple art meeting each of the following conditions:

(a) 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.

(b) The work's master was created for the purpose of producing the work of multiple art.

(c) The work was produced by or under the supervision and direction of the artist.

(d) The work was approved by the artist after its completion.

(11) "Photomechanical reproduction" means a work of multiple art whose production involved, at any stage, the use of photographic or electronic procedures.

(12)

(a) "Price" means the greater of:
1. 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.

2. 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.

(b) "Price" does not include the bona fide retail value of framing and mounting.

(13) "Sell" includes the consignment or exchange of a work of multiple art.

(14) "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.

(15) "Supplier" means a person who sells a work of multiple art to an art dealer.

(16) "Telephone" includes any electronic transfer of data, including telex, cellular, facsimile and modem transmissions.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.