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UNIFORM STANDARDS - Activities to Date
ATLANTA 2000/Art Buyers Caravan
Uniform Standards Committee Report September 17, 2000
Committee Background The Uniform Standards Committee was formed in January 2000The Goal of the committee is
to Research and Establish uniform industry standards intended as guidelines for all publishers or purveyors
of Fine Art Editions with the principle goal of insuring AUTHENTICITY, LEGITIMACY and INTEGRITY of all prints
created and sold by members of the APA.
Committee Focus
Based on the early consensus of the membership the committees' initial focus
included Full Disclosure issues, Terminology and Production Practices. Terminology and Production Practices
will require more research before they come out of committee.
Member Survey
Last March at Galeria/Artexpo the committee invited your input on the scope and
direction of this effort.
Respondents to the APA Survey overwhelmingly agreed that art publishers should disclose to customers the type
and number of editions to be created For all limited edition prints.
The majority of respondents objected to releasing limited edition images as open editions and re-releasing
previously published limited editions in another size or medium.
Publishers were evenly divided about the practice of offering limited editions in a variety of sizes and/or
print mediums.
Most felt that licensing limited edition images to appear on commercially distributed merchandise is an
acceptable practice.
You also strongly supported the idea that standards are necessary to insure that all plates, screens, digital
files, casts/molds and other matrixes used to create a limited edition must be destroyed upon completion of
an edition.
Certificates of Authenticity
This information provided the catalyst and direction from which the committee would
then research and create a Uniform Certificate of Authenticity.
Our task seemed to be straight-forward enough… Gather Certificates of Authenticity from several sources,
analyze the information and create a standard prototype COA.
Every COA submitted contained various degrees of information and each one was unique in and of itself.
It became apparent from the start that there are probably as many different COA's out in the marketplace as
there are publishers who provide them.
Any hope of creating a Uniform Certificate of Authenticity soon vanished.
Input from Joshua Kaufman, Esq.
It became apparent early on that we would need to seek legal counsel if any meaningful information was going
come out of committee.
The committee invited Joshua Kaufman to participate in one of our conference calls. As it turned out Joshua
had compiled a book titled "Fine Art Limited Edition Print Disclosure Laws".
Joshua Kaufman is a copyright attorney and is no stranger to APA. Joshua has been a guest speaker on several
occasions including presentations on "Copyright Law" and "Copyright Law and the Internet". His presentations
have served to inform us and at times even frighten us as publishers.
Limited Edition Disclosure Laws Compiled
Joshua has granted APA the publishing rights to his book.
The committee has made some revisions to the book and it is available Free to APA members. (Non-members can
purchase the book for $50.00.)
Ladies and Gentlemen…Print Disclosure is no longer left to the discretion of the publisher… IT IS THE
LAW.
Word of Caution!!
The information contained in this book is vital to you as Fine Art Print Publisher.
The Price of knowing is Nothing…Compared to the Price of Not Knowing.
Laws Passed in 14 States
Currently 14 states statutes require print disclosure information to appear on all
COA. This means that anyone who intends to sell limited edition prints on a national basis must conform to
these disclosure statutes. Even states which have not passed specific statutes could still prosecute
publishers and artists who market their prints in a manner which would deceive the public. They could do so
under the general police powers of the state or under a variety of consumer protection statutes.
Many of the state statutes require the same information while other state laws require additional
information. It is not surprising that there are probably as many COA's as there are publishers. All created
with the best intentions…Albeit non-conforming.
Committee Recommendations
For those of you who do not furnish a COA for limited editions we strongly
recommend that you do so.
For those of you who furnish COA's with insufficient information…You're not alone!
The committee has compiled and condensed the statutes from the 14 states. It is the recommendation of the
committee to err on the side of disclosing more information on COA rather than less information.
The information contained in this book is a recommended outline designed to assist you in seeking pertinent
information for Certificates of Authenticity.
It is the recommendation of the APA and the Uniform Standards Committee that you consult the statutes of each
state and your attorney.
The Certificate of Authenticity as an Instrument of Opportunity.
The COA is a "Value Added" Instrument with the power to Define and Re-define the Unique qualities of the
Limited Edition.
We now have the tools to create an instrument worthy of the Artist, the Artwork, the Publisher and the
industry it represents….IT'S THE LAW
Some Open Issues
1. How will you treat COA's for limited editions currently on the market with
insufficient disclosure information?
A. You might issue a revised COA to all known customers who purchased the limited
edition.
B. You might offer a revised COA upon request of the customer.
C. You may choose to do nothing.
Whatever you decide to do… it would be wise to have a policy in place to address the situation if and when it
arises.
2. Does the same information need to be disclosed on the COA for Sculptures? The committee's answer is
yes.
3. How can a publisher be sure that the retail gallery/dealer provides the actual COA to the client?
It must provide the COA, or they are in violation of the law.
4. NY and CA laws require that specific information be disclosed in writing prior to the purchase or sale of
limited editions. How does your company currently address this requirement?
It is suggested that the information be included in the advertisement itself or provided before
delivery. |
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