(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.
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.
(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.
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.
(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.