As used in this chapter:
(a) "Artist" means any person who conceived or created:
- (1) the master image for a fine print; or
- (2) the master image which served as the model for a fine print.
- (b) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph.
- (c) "Reproduction" means a copy of an original print made by a commercial mechanical process which does not require the use of a plate.
(d) "Art merchant" means a person who:
- (1) deals in fine prints to which this article is applicable; or
- (2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or
- (3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or
- (4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions.
- (e) "Person" means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in Section 39-16-10(d).
- (f) "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.
- (g) "Print" means a fine print.
- (h) "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate.
HISTORY: 1986 Act No. 396, eff September 1, 1986; 1988 Act No. 506, Sections 1, 2, eff May 9, 1988.