(815 ILCS 345/0.01) (from Ch. 121 1/2, par. 360)
Sec. 0.01.
Short title.
This Act may be cited as the
Fine Prints Disclosure Act.
(Source: P.A. 86-1324.)
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(815 ILCS 345/1) (from Ch. 121 1/2, par. 361)
Sec. 1.
Definitions.
As used in this Act:
"Fine print" includes, but is not limited to, an engraving, etching,
woodcut, lithograph or serigraph.
"Plate" is used in lieu of and to denote "plate, stone, block or other
material used for such purposes" from which prints can be made.
Whether a print is "signed" or "unsigned", as these terms are used in
this Act, depends upon whether the artist autographed the finished print,
irrespective of whether it was signed or unsigned in the plate.
"Artist" refers to the person who conceived or created the master image
for, or which served as a model for, the print.
(Source: P.A. 77-1398.)
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(815 ILCS 345/2) (from Ch. 121 1/2, par. 362)
Sec. 2.
Nothing in this Act applies to any print when offered for sale or sold
at wholesale or retail unframed for $50 or less, or framed for $60 or less.
(Source: P.A. 77-1398.)
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(815 ILCS 345/3) (from Ch. 121 1/2, par. 363)
Sec. 3.
This Act applies only to fine prints which are printed after July 1,
1972.
(Source: P.A. 77-1398.)
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(815 ILCS 345/4) (from Ch. 121 1/2, par. 364)
Sec. 4.
Nothing in this title applies to prints sold by the artist who produced
the same directly to a consumer, without the intervention of a wholesale or
retail merchant.
(Source: P.A. 77-1398.)
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(815 ILCS 345/5) (from Ch. 121 1/2, par. 365)
Sec. 5.
No catalogue, prospectus or circular offering fine prints for sale in
this State shall be knowingly published or distributed, or both, unless it
clearly and conspicuously discloses the relevant informational detail
concerning each edition of such prints so offered as required by Section 7.
If the person offering such prints by means of such publication
disclaims knowledge as to any relevant detail required by Section 7, he
shall so state specifically and categorically with regard to each such
detail to the end that the purchaser shall be enabled to judge the degree
of uniqueness or scarcity of each print contained in the edition so
offered. Describing the edition as an edition of "reproductions" eliminates
the need to furnish further informational details unless such edition was
allegedly published in a signed, numbered, or limited edition, or any
combination thereof, in which case all of the informational details are
required to be furnished.
(Source: P.A. 77-1398.)
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(815 ILCS 345/6) (from Ch. 121 1/2, par. 366)
Sec. 6.
No fine print or prints shall be knowingly offered for sale or sold in
this state by any person, at wholesale or at retail, unless a written
invoice or receipt for the purchase price or a certificate furnished to the
purchaser clearly and conspicuously discloses all of the relevant
informational details required by Section 7.
If the seller disclaims knowledge as to any relevant detail referred to
in Section 7, he shall so state specifically and categorically with regard
to each such detail to the end that the purchaser shall be enabled to judge
the degree of uniqueness or scarcity of such print or prints. Describing
the print as a "reproduction" eliminates the need to furnish further
informational details unless it was allegedly published in a signed,
numbered, or limited edition, or any combination thereof, in which case all
of the informational details are required to be furnished.
(Source: P.A. 77-1398.)
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(815 ILCS 345/7) (from Ch. 121 1/2, par. 367)
Sec. 7.
The following informational detail shall be required:
a. The name of the artist and the year when printed.
b. Whether the print is an etching, engraving, | ||
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c. Exclusive of trial proofs, whether the edition is | ||
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d. Whether the plate has been destroyed, effaced, | ||
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e. If there were any prior editions from the same | ||
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f. Whether the edition is a posthumous edition or | ||
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g. The name of the workshop, if any, which printed | ||
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(Source: P.A. 77-1398.)
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(815 ILCS 345/8) (from Ch. 121 1/2, par. 368)
Sec. 8.
a. A person who offers or sells a fine print in violation of this Act
shall be liable to the person purchasing such fine print from him. The
purchaser may sue to recover the consideration paid for such print, with
interest at the legal rate thereon, upon the tender of the print.
b. In any case in which a person willfully offers or sells a fine print
in violation of this Act, the person purchasing such fine print may recover
from the person who offers or sells such fine print an amount equal to 3
times the amount required under paragraph (a) of this Section.
c. No action shall be maintained to enforce any liability under this
Section unless brought within one year after discovery of the violation
upon which it is based and in no event more than 3 years after the print
was sold.
(Source: P.A. 77-1398.)
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(815 ILCS 345/9) (from Ch. 121 1/2, par. 369)
Sec. 9.
Any person violating this Act is guilty of a business offense and shall
be fined not more than $1,000.
Proof that no person has been misled or deceived or otherwise damaged by
any violation of this Act shall not constitute a defense in any prosecution
under this Act.
(Source: P.A. 78-255.)
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