Chapter ATCP 117

Chapter ATCP 117

ART PRINTS AND MULTIPLE ART; SALES PRACTICES

ATCP 117.01   Application.

ATCP 117.05   Definitions.

ATCP 117.10   Prohibited acts.

ATCP 117.15   Required disclosure and warranty statements.

ATCP 117.20   Supplier’s declaration.

ATCP 117.25   Records.

Ch. ATCP 117 Note Note: Chapter Ag 135 was renumbered chapter ATCP 117 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 117 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys’ fees.

ATCP 117.01 ATCP 117.01 Application. This chapter applies to all sales of and offers to sell works of multiple art between an art supplier and an art dealer or between an art dealer and a buyer, if any portion of the transaction occurs in Wisconsin, including deliveries into or from Wisconsin and solicitations by mail or telephone where the solicitor or buyer is in Wisconsin.

ATCP 117.01 Note Note: Sale solicitations by mail or telephone may also be subject to regulation under ch. ATCP 127 and under ch. 423, Stats.

ATCP 117.01 History History: Cr. Register, August, 1990, No. 416, eff. 9-1-90.

ATCP 117.05 ATCP 117.05 Definitions. In this chapter:

ATCP 117.05(1) (1) “Art dealer” means either of the following:

ATCP 117.05(1)(a) (a) A person who is in the business or represents himself or herself as being in the business of dealing, exclusively or non-exclusively, in the sale of multiple art.

ATCP 117.05(1)(b) (b) An agent, officer, director, employee or other representative of a person listed in par. (a).

ATCP 117.05(2) (2) “Buyer” means any person, other than an art dealer, who buys multiple art from an art dealer.

ATCP 117.05(3) (3) “Department” means the department of agriculture, trade and consumer protection.

ATCP 117.05(4) (4) “Investment art” means a work of multiple art whose price exceeds $800.

ATCP 117.05(5) (5) “Limited edition” means the total number that will be designated as part of any “limited edition” of a work of multiple art has been established, in a manner that binds all further production, by a person who can control production of the limited edition. The total number designated as being within the “limited edition” shall consist of every original and copy of the work which is identified or will be identified as being part of a “limited edition”, including any original or copy:

ATCP 117.05(5)(a) (a) Produced on paper of a type different from the work.

ATCP 117.05(5)(b) (b) Exhibiting minor variations in size, color or image.

ATCP 117.05(5)(c) (c) Designated as a proof, artist’s copy, sample or part of a numbered or unnumbered series.

ATCP 117.05(5)(d) (d) Containing the image of the work.

ATCP 117.05(5)(e) (e) Consisting of a portion of the image represented by the work.

ATCP 117.05(6) (6) “Mail” includes public or private mail or parcel service.

ATCP 117.05(7) (7) “Market value” means the price at which a work of multiple art could be sold in a bona fide transaction for investment or asset preservation purposes to an expert utilizing generally accepted appraisal criteria and acting on behalf of a retail buyer. “Market value” excludes the bona fide retail value of framing and mounting.

ATCP 117.05(8) (8) “Master” means the plate, stone, block, screen, mold, photographic negative or similar matrix containing the image used to produce a work of multiple art.

ATCP 117.05(9) (9) “Multiple art” means a print, sculpture, bas relief, etching or other work of visual art, excluding motion pictures or video, produced from a master in quantities of 2 or more.

ATCP 117.05(10) (10) “Original” means a work of multiple art meeting each of the following conditions:

ATCP 117.05(10)(a) (a) The work’s master was either created by the artist alone or by the artist and by others acting under the artist’s supervision and direction.

ATCP 117.05(10)(b) (b) The work’s master was created for the purpose of producing the work of multiple art.

ATCP 117.05(10)(c) (c) The work was produced by or under the supervision and direction of the artist.

ATCP 117.05(10)(d) (d) The work was approved by the artist after its completion.

ATCP 117.05(11) (11) “Photomechanical reproduction” means a work of multiple art whose production involved, at any stage, the use of photographic or electronic procedures.

ATCP 117.05(12) (12) 

ATCP 117.05(12)(a) (a) “Price” means the greater of:

ATCP 117.05(12)(a)1. 1. The amount charged by an art dealer for a single work of multiple art or for a series of related works of multiple art sold at the same time.

ATCP 117.05(12)(a)2. 2. The amount at which an art dealer represents that he or she will sell a single work of multiple art or a series of related works of multiple art. A representation of price includes any advertisement, posted price or oral statement made to a prospective buyer.

ATCP 117.05(12)(b) (b) “Price” does not include the bona fide retail value of framing and mounting.

ATCP 117.05(13) (13) “Sell” includes the consignment or exchange of a work of multiple art.

ATCP 117.05(14) (14) “Signed” means the actual hand signature of the artist, affixed to a work of multiple art. “Signed” does not include any reproduction of the artist’s signature or a signature made by any person other than the artist, whether authorized or not.

ATCP 117.05(15) (15) “Supplier” means a person who sells a work of multiple art to an art dealer.

ATCP 117.05(16) (16) “Telephone” includes any electronic transfer of data, including telex, cellular, facsimile and modem transmissions.

ATCP 117.05 History History: Cr. Register, August, 1990, No. 416, eff. 9-1-90.

ATCP 117.10 ATCP 117.10 Prohibited acts.

ATCP 117.10(1) (1) Misrepresentation about multiple art. No art dealer may misrepresent any element of a work of multiple art. Unless otherwise proven, any representation not consistent with generally accepted trade literature or the general consensus of expert members of the art trade is a misrepresentation under this subsection. The art dealer has the burden of proving, by a preponderance of the evidence, the truth of any representation not based on these sources. Misrepresentations prohibited under this subsection include:

ATCP 117.10(1)(a) (a) Misrepresenting a non-original work of multiple art as an original.

ATCP 117.10(1)(b) (b) Failing to disclose as part of any representations concerning a photomechanical reproduction that photographic or electronic procedures were used in the work’s production, if:

ATCP 117.10(1)(b)1. 1. The work’s price exceeds $800.

ATCP 117.10(1)(b)2. 2. Any representation of the photomechanical reproduction includes a term such as “lithography”, “etching”, “silkscreening”,“serigraphy”, “woodcutting” or “engraving”, which is used in a manner implying the work was created by a classical means of production.

ATCP 117.10(1)(c) (c) Selling or offering to sell a work of multiple art that appears to be signed by the artist, but is not.

ATCP 117.10 Note Note: This paragraph does not prohibit the sale of works where the artist’s signature was affixed to the master and is printed in the work. See s. ATCP 117.05 (14) for the definition of a “signed” work.

ATCP 117.10(1)(d) (d) Selling or offering to sell a work of multiple art exhibiting a numerical or other code that states or implies the work is part of any limited edition, such as 23/200, A.P., E.A. or H.C., if the work is not part of a limited edition.

ATCP 117.10 Note Note: “A.P.” is used to designate “artist’s proofs”. “E.A.”, or “edition artiste”, has the same meaning, while “H.C.” means “hors de commerce”, which was generally used to denote prints the artist retained or the artist’s agent carried as representative samples.

ATCP 117.10(1)(e) (e)