(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, woodcut, lithograph, or whether the seller does not
know.
c. Exclusive
of trial proofs, whether the edition is being offered as a limited
edition, and, if such a limited edition, the total size of the
edition.
d. Whether the plate has been destroyed,
effaced, altered, defaced or canceled after the current edition,
or whether the seller does not know.
e. If there were any prior editions
from the same plate, the series number of the current edition
and the total size of all prior editions.
f. Whether the edition is a posthumous
edition or restrike and, if so, whether
the plate has been reworked.
g. The name of the workshop, if
any, which printed the edition.
(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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