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California Civil Code Section 1744

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1744

1744.  (a) Except as provided in subdivisions (c), (d), (e), and
otherwise in this title, a certificate of authenticity containing the
following informational details shall be required to be supplied in
all transactions covered by subdivisions (a), (b), and (e) of Section
1742:
   (1) The name of the artist.
   (2) If the artist's name appears on the multiple, a statement
whether the multiple was signed by the artist.
   If the multiple was not signed by the artist, a statement of the
source of the artist's name on the multiple, such as whether the
artist placed his signature on the multiple or on the master, whether
his name was stamped or estate stamped on the multiple or on the
master, or was from some other source or in some other manner placed
on the multiple or on the master.
   (3) A description of the medium or process, and where pertinent to
photographic processes, the material used in producing the multiple,
such as whether the multiple was produced through the etching,
engraving, lithographic, serigraphic, or a particular method or
material used in photographic developing processes. If an established
term, in accordance with the usage of the trade, cannot be employed
accurately to describe the medium or process, a brief, clear
description shall be made.
   (4) If the multiple or the image on or in the master constitutes,
as to prints and photographs, a photomechanical or photographic type
of reproduction, or as to sculptures a surmoulage or other form of
reproduction of sculpture cases, of an image produced in a different
medium, for a purpose other than the creation of the multiple being
described, a statement of this information and the respective
mediums.
   (5) If paragraph (4) is applicable, and the multiple is not
signed, a statement whether the artist authorized or approved in
writing the multiple or the edition of which the multiple being
described is one.
   (6) If the purported artist was deceased at the time the master
was made which produced the multiple, this shall be stated.
   (7) If the multiple is a "posthumous" multiple, that is, if the
master was created during the life of the artist but the multiple was
produced after the artist's death, this shall be stated.
   (8) If the multiple was made from a master which produced a prior
limited edition, or from a master which constitutes or was made from
a reproduction or surmoulage of a prior multiple or the master which
produced the prior limited edition, this shall be stated as shall the
total number of multiples, including proofs, of all other editions
produced from that master.
   (9) As to multiples produced after 1949, the year, or approximate
year, the multiple was produced shall be stated. As to multiples
produced prior to 1950, state the year, approximate year or period
when the master was made which produced the multiple and when the
particular multiple being described was produced. The requirements of
this subdivision shall be satisfied when the year stated is
approximately accurate.
   (10)  Whether the edition is being offered as a limited edition,
and if so: (i) the authorized maximum number of signed or numbered
impressions, or both, in the edition; (ii) the authorized maximum
number of unsigned or unnumbered impressions, or both, in the
edition; (iii) the authorized maximum number of artist's, publisher's
or other proofs, if any, outside of the regular edition; and (iv)
the total size of the edition.
   (11) Whether or not the master has been destroyed, effaced,
altered, defaced, or canceled after the current edition.
   (b) If the multiple is part of a limited edition, and was printed
after January 1, 1983, the statement of the size of the limited
edition, as stated pursuant to paragraph (10) of subdivision (a) of
Section 1744 shall also constitute an express warranty that no
additional multiples of the same image, including proofs, have been
produced in this or in any other limited edition.
   (c) If the multiple was produced in the period from 1950 to the
effective date of this section, the information required to be
supplied need not include the information required by paragraphs (5)
and (8) of subdivision (a).
   (d) If the multiple was produced in the period from 1900 to 1949,
the information required to be supplied need only consist of the
information required by paragraphs (1), (2), (3), and (9) of
subdivision (a).
   (e) If the multiple was produced before the year 1900, the
information to be supplied need only consist of the information
required by paragraphs (1), (3), and (9) of subdivision (a).


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Last modified: March 17, 2014