AB 2902 Fine art: physical alteration or destruction

Status: In Review

AB 2902 Kalra D Fine art: physical alteration or destruction.

Existing law, the California Art Preservation Act (CAPA), prohibits certain acts relating to the physical alteration or destruction of fine art, defined as an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, other than a work prepared under contract for commercial use by its purchaser, including the intentional defacing, mutilating, altering, or destruction of a work of fine art except by an artist who owns and possesses a work of fine art that the artist has created. Existing law requires a trier of fact regarding the question of whether a work of art is of recognized quality to rely on the opinions of artists, art dealers, collectors of fine art, curators of art museums, and other persons involved with the creation or marketing of fine art. This bill would require a trier of fact to additionally rely on the visibility of the work, community recognition awards attributable to the work, and recognition and awards received by the artist of the work. This bill contains other related provisions and other existing laws.