(a) Any written instrument which solicits a direct sale of print multiples in, into, or from this State published or distributed by any seller of print multiples shall clearly and conspicuously disclose the informational detail required by § 481F-4. This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale.

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Terms Used In Hawaii Revised Statutes 481F-3

  • Artist: means the person who created the image upon the master or created the image which served as a model for the image which appears on the master. See Hawaii Revised Statutes 481F-1
  • Edition: means the aggregate of prints produced from a single master. See Hawaii Revised Statutes 481F-1
  • print: means any print produced in more than one copy by means of engraving, etching, woodcutting, lithography, serigraphy, or other similar processes or any combination thereof. See Hawaii Revised Statutes 481F-1
  • seller: means a person who is in the business of selling, exclusively or nonexclusively, print multiples, or a person offering prints for sale who by the person's occupation holds the person's self out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by the employment of an agent or other intermediary who by occupation represents as having that knowledge or skill. See Hawaii Revised Statutes 481F-1
  • seller of print multiples: includes an auctioneer who sells such works at public auction. See Hawaii Revised Statutes 481F-1
  • Signed: means the artist signed the print multiple by hand to signify the artist's examination and approval of the print. See Hawaii Revised Statutes 481F-1
  • Written instrument: means a written agreement, certificate of authenticity, catalogue, prospectus, advertisement, circular or any other written memorandum describing a print offered for sale by the seller. See Hawaii Revised Statutes 481F-1
(b) If the seller who publishes or distributes a written instrument which solicits a direct sale of prints in, into, or from this State disclaims knowledge as to any informational detail required by § 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints offered for sale.
(c) No print multiple shall be offered for sale or sold in, into, or from this State by any seller, at wholesale or retail, unless the seller furnishes the purchaser a written instrument which clearly and conspicuously discloses the informational detail required by § 481F-4 prior to receiving any payment from the purchaser.
(d) If the seller of print multiples disclaims knowledge as to any informational detail required by § 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints.
(e) A seller of print multiples may sell or offer to sell prints described in § 481F-2 without furnishing the informational details required by § 481F-4, unless the prints purport to be signed, numbered, approved by the artist, or to comprise a limited edition, in which case all of the informational details required by § 481F-4 shall be furnished.