Louisiana Revised Statutes 51:2155 – Scope of applicability
Terms Used In Louisiana Revised Statutes 51:2155
- Artist: means the creator or each of the joint creators of a work of fine art. See Louisiana Revised Statutes 51:2152
- Conservation: means acts taken to prevent, stop, or retard deterioration of a work of fine art. See Louisiana Revised Statutes 51:2152
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, governmental body, or other group, however organized. See Louisiana Revised Statutes 51:2152
- Reproduction: means a copy or likeness, in any medium, of a work of fine art that is displayed or published under circumstances that, reasonably construed, evidence an intent that it be taken as a representation of a work of fine art as created by the artist. See Louisiana Revised Statutes 51:2152
- Restoration: means acts taken to correct deterioration and alteration of a work of fine art. See Louisiana Revised Statutes 51:2152
- Work of fine art: means any original work of visual or graphic art of recognized quality in any medium which includes, but is not limited to, the following: painting, drawing, print, photographic print, or sculpture of a limited edition of no more than three hundred copies; however, "work of fine art" shall not include sequential imagery such as motion pictures. See Louisiana Revised Statutes 51:2152
A. Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials shall not by itself constitute a violation of La. Rev. Stat. 51:2153 or create a right to disclaim authorship under La. Rev. Stat. 51:2154(C), provided such alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art. For purposes of this Section, the term “gross negligence” shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art.
B. In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself constitute a violation of La. Rev. Stat. 51:2153 or create a right to disclaim authorship under La. Rev. Stat. 51:2154(C).
C. Conservation or restoration shall not constitute an alteration, defacement, mutilation, or modification within the meaning of this Chapter unless the alteration, defacement, mutilation, or modification would not have occurred but for negligence in the conservation or restoration work.
D. This Chapter shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
E. The provisions of this Chapter shall apply only to works of fine art or reproductions thereof knowingly displayed to others, made accessible to the public, or published in this state or to acts in violation of this Chapter by a person who is subject to the jurisdiction of this state.
F.(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of such work, the rights and duties created under this Chapter, unless expressly reserved by an instrument in writing signed by the owner of such building and properly recorded, shall be deemed waived. Such instrument, if recorded, shall be binding on subsequent owners of such building.
(2) If the owner of a building wishes to remove a work of fine art which is a part of such building, but which can be removed from the building without substantial harm to such fine art, the rights and duties created under this Chapter shall apply, unless the owner has diligently attempted without success to notify the artist in writing of his intended action affecting the work of fine art, or unless he did provide such notice and the artist fails within ninety days either to remove the work or to pay for its removal. If such work is removed by or at the expense of the artist, title to such work of fine art shall be deemed to be in the artist.
G. The provisions of this Chapter apply to any works of fine art regardless of when created.
Acts 1986, No. 599, §1.