Luxist

The so-called "lithographs," being offered for sale at $100 each, are actually -non-disclosed- reproductions/posters.

Additionally, there is no such thing as "authenticity" for reproductions. The so-called "Certificate of Authenticity," for these non-disclosed reproductions misrepresented as lithographs,is a not worth the paper it is printed on.

Lithographs are original works of visual art "wholly created by hand by the artist" and "excludes any mechanical and photomechanical processes." (U.S. Customs)

Specifically, a lithograph is drawing by the artist on a limestone block, metal plate or mylar. The artist drawn image is the tool. The tool is then used by the artist to print their edition of lithographs. Like any original work of visual art, a lithograph is created by the artist. The only difference between an artist created and printed lithograph and an artist created painting, is the lithographic creative medium allows for more than one original.

Now on the other hand, under California Civil Code Statute 1738 to 1745, if you sell a reproduction for $100 or more, you are required to disclose it as a -reproduction-. Failure to do so may include but not limited to: refund, interest, treble damages and $1,000 fine per individual sale.

With an so-called "limited-edition" of 500 that would potentially be $50,000 in refund, $150,000 in treble damages and $500,000 in fines for a minimum total of $700,000 in damages. And that is not including court cost, attorney fees and expert witness fees.

Additionally, under U.S. Copyright Law 106A, the Right of Attribution shall not apply to a reproduction. Which in layman's terms, the printer owns the rights to the reproductions they reproduced and are only obligated to give you the 500 reproduction you paid for. All the overruns, plates, negatives and the like would be owned by printer and could if they wanted to reproduce more with or without your knowledge. There goes your so-called "limited edition." Of course you may have had all reproductions rights reassigned back to you from the printer but then you would have known they are reproductions from the very beginning.

So, my recommendation is to give full and honest disclosure to reproductions as -reproductions-. They will probably still sell them to their fans and not unfairly competing against those artists who actually create lithographs, much less those who sell fully disclosed reproductions.

Gary Arseneau
artist, creator of original lithographs & scholar
Fernandina Beach, Florida

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