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New Jersey Artists Rights
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Title 2A: Administration of Civil & Criminal Justice
Subtitle 7: Specific Civil Actions
Chapter 24A: Artists' Rights Act
§ 24A-1. Short title
This act shall be known and may be cited as the "Artists' Rights Act."
§ 24A-2. Findings, declarations
The Legislature finds and declares that:
a. The physical state of a work of fine art is of enduring and crucial importance to the artist and the artist's reputation;
b. There have been cases where works of art have been altered, defaced, mutilated or modified, thereby destroying the integrity of the artwork and causing a loss to the artist and the artist's reputation;
c. Alteration, defacement, mutilation or other modification of an artist's work may be prejudicial to his career and reputation; and
d. There are circumstances when an artist has the legal right to object to the alteration, defacement, mutilation or other modification of his work or to claim or disclaim authorship of a work of art.
§ 24A-3. Definitions
As used in this act:
a. "Artist" means the creator of a work of fine art;
b. "Conservation" means acts taken to correct deterioration and alteration or acts taken to prevent, stop or retard deterioration;
c. "Person" means an individual, partnership, corporation, association or other group, however organized;
d. "Reproduction" means a copy, in any medium, of a work of fine art that is displayed or published under circumstances which, reasonably construed, evince an intent that it be taken as a representation of a work of fine art as created by the artist; and
e. "Work of fine art" means any original work of visual or graphic art in any medium, which includes, but is not limited to, paintings, drawings, prints, and photographic prints or sculptures of a limited edition of no more than 300 copies; provided, however, that a work of fine art shall not include sequential imagery as in motion pictures.
§ 24A-4. Display in altered form
No person other than the artist, or a person acting with the artist's consent, shall knowingly display in a place accessible to the public a work of fine art of that artist in an altered, defaced, mutilated or modified form, if damage to the artist's reputation is reasonably likely to result and if the work is displayed as being the work of the artist. No person other than the artist, or a person acting with the artist's consent, shall either knowingly publish or reproduce a work of fine art of that artist in an altered, defaced, mutilated or modified form, if damage to the artist's reputation is reasonably likely to result and if the work is published or reproduced as being the work of the artist by use of the artist's name in conjunction with the reproduction or publication.
§ 24A-5. Right to claim, disclaim authorship
The artist shall retain at all times the right to claim authorship or, for just and valid reason, to disclaim authorship of his work of fine art. The right to claim authorship shall include the right of the artist to have his name appear on or in connection with the work of fine art as the artist. The right to disclaim authorship shall include the right of the artist to prevent his name from appearing on, or in connection with, the work of fine art as the artist. Just and valid reasons for disclaiming authorship shall include: that the work of fine art has been altered, defaced, mutilated or modified other than by the artist; that the work of fine art has been altered, defaced, mutilated or modified without the artist's consent; and that damage to the artist's reputation is reasonably likely to result or has resulted.
§ 24A-6. Not violations
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 create a violation of this act or a right to disclaim authorship under this act, provided that the alteration, defacement, mutilation or modification was not the result of gross negligence in maintaining or protecting the work of fine art.
b. In the case of a reproduction, a change that is an ordinary result of the medium of reproduction shall not create a violation of this act or a right to disclaim authorship under this act.
c. Conservation shall not constitute an alteration, defacement, mutilation or modification within the meaning of this act, unless the conservation work is shown to have been performed in a negligent manner.
§ 24A-7. Applicability
This act shall apply only to works of fine art knowingly displayed in a place accessible to the public or published or reproduced in this State. It shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
§ 24A-8. Legal, injunctive relief
a. An artist aggrieved under this act shall have a cause of action for legal and injunctive relief.
b. No action may be maintained to enforce any liability under this act unless brought within six years of the violation complained of or two years after the constructive discovery of the violation, whichever is later.


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Current through New Jersey 213th Legislature. Check this statute for currentness. (This page last updated February 2009).

Resources and Notes:

This document has been visually reformatted for display on this website; emphasis has been added to some text.

Full text of the Copyright Law on the Copyright Office website: http://www.copyright.gov/title17/

Sections 106 (Exclusive Rights), 106A (Author's Rights), 107 (Fair use)

October 2008 amendment to copyright law (PDF)

The Visual Artists Rights Act (article and statutory excerpt)

What is Negligence?









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