86 A.D.2d 789 | N.Y. App. Div. | 1982
Lead Opinion
Judgment, Supreme Court, New York County (Sherman, J.), entered November 17, 1980, dismissing the complaint pursuant to an order of said court entered October 31, 1980 which granted defendant’s motion to dismiss the complaint for lack of personal jurisdiction, affirmed, with costs and disbursements. Appeal from the order of said court entered October 31, 1980, dismissed, without costs, as being subsumed in the judgment. Defendant, the
Dissenting Opinion
dissents in a memorandum as follows: If a cause of action is placed in the wrong cubbyhole, then the legal conclusion can be erroneous, which is the trouble with the majority memorandum in this matter. The defendant is the daughter of Henri Matisse, the great French painter, and issues certificates of authenticity for Matisse works pursuant to the French law droit moral. (Cf. Berne Convention, Paris Revision, 1971, art 6Bis; Copinger & Skone James, Copyright [Sweet & Maxwell, London, 1980], § 1829.) The specific right involved is Droit de la Paternite, the right of authorship and the right to prevent the artist’s name from being used in conjunction with a work of art which he did not create. (Da Silva, Artists’ Rights in France and the U. S., 28 Bull Copyright Society [Oct., 1980], pp 1, 28.) At the same time, she is also a major collector and seller, in the international arena and in the United States, of the works of her father for which she issues certificates of authenticity.
. Cf. Section 219-i of the General Business Law for the converse: “Falsifying certificates of authenticity of works of fine art. A person who, with intent to defraud, deceive or injure another, makes, utters or issues a false certificate of authenticity of a work of fine art is guilty of a class A misdemeanor.”
. The California Art Preservation Act, section 987 of the California Civil Code, while to be noted, does not affect the situation.