As used in this chapter, the following terms shall have the following meanings:
(1) AUTHENTICATE. The representation by a dealer or other person that a collectible is authentic.
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Terms Used In Alabama Code 8-40-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: means next after. See Alabama Code 1-1-1
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- preceding: means next before. See Alabama Code 1-1-1
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
The term does not include any of the following:
a. A pawnbroker that acquired the collectible through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles.
b. The person who autographed the collectible.
(6) ENTERTAINMENT MEDIA ITEM. An item related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia.
(7) HISTORICAL ARTIFACT. An object, such as a tool, or the remains of one, such as a shard of pottery, or a historical writing, manuscript, or document, characteristic of an earlier time or cultural stage, valued for its historical significance and authenticity.
(8) LIMITED EDITION. An autographed collectible that meets all of the following requirements:
a. A person has produced a specific quantity of an autographed collectible and placed it on the open market.
b. The person has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions.
c. The person makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced.
d. The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible.
(9) MEMORABILIA. Objects kept or collected because of their historical interest, particularly those deriving value from their connection to a particular memorable person or event, and also deriving value from authenticity.
(10) REPRESENTATION. Any written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, online communication, Internet web page, email, or other commercial or promotional material.
(11) SPORTS ITEM. A photograph, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia.
