Section § 980

Explanation

California law gives authors exclusive ownership over their work if it hasn't been permanently recorded, unless someone else independently creates a similar work. For sound recordings made before February 15, 1972, the original creators have ownership rights until 2047, as long as others aren't reproducing the exact sounds. Inventors also have exclusive rights to their inventions and designs as long as they maintain possession.

(a)Copy CA Civil Law Code § 980(a)
(1)Copy CA Civil Law Code § 980(a)(1) The author of any original work of authorship that is not fixed in any tangible medium of expression has an exclusive ownership in the representation or expression thereof as against all persons except one who orginally and independently creates the same or similar work. A work shall be considered not fixed when it is not embodied in a tangible medium of expression or when its embodiment in a tangible medium of expression is not sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration, either directly or with the aid of a machine or device.
(2)CA Civil Law Code § 980(a)(2) The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording.
(b)CA Civil Law Code § 980(b) The inventor or proprietor of any invention or design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession.

Section § 981

Explanation

This law talks about who owns creative works and inventions when multiple people are involved. If people create something together that isn't recorded in some form (like a song not yet written down), they all own it equally unless they agree otherwise. For inventions or designs, if it's a single invention, everyone involved owns it equally. But if there are multiple inventions, ownership is based on how much each person contributed.

(a)CA Civil Law Code § 981(a) Unless otherwise agreed, an original work of authorship not fixed in any tangible medium of expression and in the creation of which several persons are jointly concerned, is owned by them in equal proportion.
(b)CA Civil Law Code § 981(b) Unless otherwise agreed, an invention or design in the production of which several persons are jointly concerned is owned by them as follows:
(1)CA Civil Law Code § 981(b)(1) If the invention or design is single, in equal proportions.
(2)CA Civil Law Code § 981(b)(2) If it is not single, in proportion to the contribution of each.

Section § 982

Explanation

This law explains how the ownership of creative works, inventions, or designs can be transferred to another person. When it comes to fine art, an artist or their heirs can sell or give away the artwork, but they keep the right to reproduce it unless they explicitly transfer that right in writing. If the artwork is created as part of a job, the employer gets the right to reproduce it unless stated otherwise. Similarly, if the artwork is inherited, the right to reproduce it goes to the heir unless reserved in a will. The law defines 'fine art' broadly and reserves reproduction rights unless explicitly transferred. The law respects the concept of fair use, allowing the reproduction of art for educational purposes or similar contexts.

(a)CA Civil Law Code § 982(a) The owner of any rights in any original works of authorship not fixed in any tangible medium of expression may transfer the ownership therein.
(b)CA Civil Law Code § 982(b) The owner of any invention or design, or of any representation or expression thereof, may transfer his or her proprietary interest in it.
(c)CA Civil Law Code § 982(c) Notwithstanding any other provision in this section, whenever a work of fine art is transferred, whether by sale or on commission or otherwise, by or on behalf of the artist who created it, or that artist’s heir, legatee, or personal representative, the right of reproduction thereof is reserved to such artist or such heir, legatee, or personal representative until it passes into the public domain by act or operation of law, unless that right is expressly transferred by a document in writing in which reference is made to the specific right of reproduction, signed by the owner of the rights conveyed or that person’s duly authorized agent. If the transfer is pursuant to an employment relationship, the right of reproduction is transferred to the employer, unless it is expressly reserved in writing. If the transfer is pursuant to a legacy or inheritance, the right of reproduction is transferred to the legatee or heir, unless it is expressly reserved by will or codicil. Nothing contained herein, however, shall be construed to prohibit the fair use of such work of fine art.
(d)CA Civil Law Code § 982(d) As used in subdivision (c):
(1)CA Civil Law Code § 982(d)(1) “Fine art” means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, or photograph, a work of calligraphy, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, and like materials), or mixed media (including a collage, assemblage, or any combination of the foregoing art media).
(2)CA Civil Law Code § 982(d)(2) “Artist” means the creator of a work of fine art.
(3)CA Civil Law Code § 982(d)(3) “Right of reproduction”, at the present state of commerce and technology shall be interpreted as including, but shall not be limited to, the following: reproduction of works of fine art as prints suitable for framing; facsimile casts of sculpture; reproductions used for greeting cards; reproductions in general books and magazines not devoted primarily to art, and in newspapers in other than art or news sections, when such reproductions in books, magazines, and newspapers are used for purposes similar to those of material for which the publishers customarily pay; art films; television, except from stations operated for educational purposes, or on programs for educational purposes from all stations; and reproductions used in any form of advertising, including magazines, calendars, newspapers, posters, billboards, films or television.
(e)CA Civil Law Code § 982(e) The amendments to this section made at the 1975–76 Regular Session shall only apply to transfers made on or after January 1, 1976.

Section § 983

Explanation

If you own an invention or design and you choose to share it publicly, other people are allowed to make copies or reproduce it without having to pay you or get your permission, according to the state law.

If the owner of any invention or design intentionally makes it public, a copy or reproduction may be made public by any person, without responsiblily to the owner, so far as the law of this state is concerned.

Section § 984

Explanation

If you come up with an invention or design and keep it a secret, someone else who independently creates the same thing later on can claim the same legal rights to it as you, except against you or your associates.

If the owner of an invention or design does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior inventor, which is exclusive to the same extent against all persons except the prior inventor, or those claiming under him.

Section § 985

Explanation

This law says that when you receive a letter or a private written message, it belongs to you. However, you can't make its contents public if the person who wrote it doesn't want you to, unless there's a legal reason that allows it.

Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law.

Section § 986

Explanation

If you sell a piece of fine art in California, you need to pay the artist 5% of the sale price, unless a written contract specifies a higher royalty. This fee can be passed to someone else, but not waived unless it's more than 5%. If a gallery or auction sells the art, they must also pay the artist. If they can’t find the artist within 90 days, the 5% goes to the Arts Council. Artists can sue for unpaid royalties within three years of the sale, or one year after they discover the lack of payment. Money the Council receives has a deadline of seven years to be claimed by the artist, or it goes to public art programs. The section clarifies that certain sales don't require this payment, like sales under $1,000 or sales of purchased art cheaper than the purchase price. After an artist's death, rights last 20 years for their heirs. This applies to art resold on or after 1977, regardless of when the art was made.

(a)CA Civil Law Code § 986(a) Whenever a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller’s agent shall pay to the artist of such work of fine art or to such artist’s agent 5 percent of the amount of such sale. The right of the artist to receive an amount equal to 5 percent of the amount of such sale may be waived only by a contract in writing providing for an amount in excess of 5 percent of the amount of such sale. An artist may assign the right to collect the royalty payment provided by this section to another individual or entity. However, the assignment shall not have the effect of creating a waiver prohibited by this subdivision.
(1)CA Civil Law Code § 986(a)(1) When a work of fine art is sold at an auction or by a gallery, dealer, broker, museum, or other person acting as the agent for the seller the agent shall withhold 5 percent of the amount of the sale, locate the artist and pay the artist.
(2)CA Civil Law Code § 986(a)(2) If the seller or agent is unable to locate and pay the artist within 90 days, an amount equal to 5 percent of the amount of the sale shall be tranferred to the Arts Council.
(3)CA Civil Law Code § 986(a)(3) If a seller or the seller’s agent fails to pay an artist the amount equal to 5 percent of the sale of a work of fine art by the artist or fails to transfer such amount to the Arts Council, the artist may bring an action for damages within three years after the date of sale or one year after the discovery of the sale, whichever is longer. The prevailing party in any action brought under this paragraph shall be entitled to reasonable attorney fees, in an amount as determined by the court.
(4)CA Civil Law Code § 986(a)(4) Moneys received by the council pursuant to this section shall be deposited in an account in the Special Deposit Fund in the State Treasury.
(5)CA Civil Law Code § 986(a)(5) The Arts Council shall attempt to locate any artist for whom money is received pursuant to this section. If the council is unable to locate the artist and the artist does not file a written claim for the money received by the council within seven years of the date of sale of the work of fine art, the right of the artist terminates and such money shall be transferred to the council for use in acquiring fine art pursuant to the Art in Public Buildings program set forth in Chapter 2.1 (commencing with Section 15813) of Part 10b of Division 3 of Title 2, of the Government Code.
(6)CA Civil Law Code § 986(a)(6) Any amounts of money held by any seller or agent for the payment of artists pursuant to this section shall be exempt from enforcement of a money judgment by the creditors of the seller or agent.
(7)CA Civil Law Code § 986(a)(7) Upon the death of an artist, the rights and duties created under this section shall inure to his or her heirs, legatees, or personal representative, until the 20th anniversary of the death of the artist. The provisions of this paragraph shall be applicable only with respect to an artist who dies after January 1, 1983.
(b)CA Civil Law Code § 986(b) Subdivision (a) shall not apply to any of the following:
(1)CA Civil Law Code § 986(b)(1) To the initial sale of a work of fine art where legal title to such work at the time of such initial sale is vested in the artist thereof.
(2)CA Civil Law Code § 986(b)(2) To the resale of a work of fine art for a gross sales price of less than one thousand dollars ($1,000).
(3)CA Civil Law Code § 986(b)(3) Except as provided in paragraph (7) of subdivision (a), to a resale after the death of such artist.
(4)CA Civil Law Code § 986(b)(4) To the resale of the work of fine art for a gross sales price less than the purchase price paid by the seller.
(5)CA Civil Law Code § 986(b)(5) To a transfer of a work of fine art which is exchanged for one or more works of fine art or for a combination of cash, other property, and one or more works of fine art where the fair market value of the property exchanged is less than one thousand dollars ($1,000).
(6)CA Civil Law Code § 986(b)(6) To the resale of a work of fine art by an art dealer to a purchaser within 10 years of the initial sale of the work of fine art by the artist to an art dealer, provided all intervening resales are between art dealers.
(7)CA Civil Law Code § 986(b)(7) To a sale of a work of stained glass artistry where the work has been permanently attached to real property and is sold as part of the sale of the real property to which it is attached.
(c)CA Civil Law Code § 986(c) For purposes of this section, the following terms have the following meanings:
(1)CA Civil Law Code § 986(c)(1) “Artist” means the person who creates a work of fine art and who, at the time of resale, is a citizen of the United States, or a resident of the state who has resided in the state for a minimum of two years .
(2)CA Civil Law Code § 986(c)(2) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass.
(3)CA Civil Law Code § 986(c)(3) “Art dealer” means a person who is actively and principally engaged in or conducting the business of selling works of fine art for which business such person validly holds a sales tax permit.
(d)CA Civil Law Code § 986(d) This section shall become operative on January 1, 1977, and shall apply to works of fine art created before and after its operative date.
(e)CA Civil Law Code § 986(e) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this section which can be effected, without the invalid provision or application, and to this end the provisions of this section are severable.
(f)CA Civil Law Code § 986(f) The amendments to this section enacted during the 1981–82 Regular Session of the Legislature shall apply to transfers of works of fine art, when created before or after January 1, 1983, that occur on or after that date.

Section § 987

Explanation

This law aims to protect artists' rights in their original fine art creations against unauthorized changes or destruction. It says artists hold the right to claim or disclaim authorship of their work and can seek legal action if someone harms their art without permission. Only the artist or their heirs have rights over the art until 50 years after the artist's death. If fine art is part of a building, different rules apply depending on whether the art can be removed without damage. The law has specific guidelines for what counts as negligence and outlines potential damages in court, like injunctive relief or punitive damages given to arts-focused charities. This law applies to actions from 1980 onwards and includes a timeline for when cases can be filed. Even if part of the law is invalidated, the rest will still stand.

(a)CA Civil Law Code § 987(a) The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against any alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.
(b)CA Civil Law Code § 987(b) As used in this section:
(1)CA Civil Law Code § 987(b)(1) “Artist” means the individual or individuals who create a work of fine art.
(2)CA Civil Law Code § 987(b)(2) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, but shall not include work prepared under contract for commercial use by its purchaser.
(3)CA Civil Law Code § 987(b)(3) “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.
(4)CA Civil Law Code § 987(b)(4) “Frame” means to prepare, or cause to be prepared, a work of fine art for display in a manner customarily considered to be appropriate for a work of fine art in the particular medium.
(5)CA Civil Law Code § 987(b)(5) “Restore” means to return, or cause to be returned, a deteriorated or damaged work of fine art as nearly as is feasible to its original state or condition, in accordance with prevailing standards.
(6)CA Civil Law Code § 987(b)(6) “Conserve” means to preserve, or cause to be preserved, a work of fine art by retarding or preventing deterioration or damage through appropriate treatment in accordance with prevailing standards in order to maintain the structural integrity to the fullest extent possible in an unchanging state.
(7)CA Civil Law Code § 987(b)(7) “Commercial use” means fine art created under a work-for-hire arrangement for use in advertising, magazines, newspapers, or other print and electronic media.
(c)Copy CA Civil Law Code § 987(c)
(1)Copy CA Civil Law Code § 987(c)(1) No person, except an artist who owns and possesses a work of fine art which the artist has created, shall intentionally commit, or authorize the intentional commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art.
(2)CA Civil Law Code § 987(c)(2) In addition to the prohibitions contained in paragraph (1), no person who frames, conserves, or restores a work of fine art shall commit, or authorize the commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art by any act constituting gross negligence. For purposes of this section, the term “gross negligence” shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art.
(d)CA Civil Law Code § 987(d) The artist shall retain at all times the right to claim authorship, or, for a just and valid reason, to disclaim authorship of his or her work of fine art.
(e)CA Civil Law Code § 987(e) To effectuate the rights created by this section, the artist may commence an action to recover or obtain any of the following:
(1)CA Civil Law Code § 987(e)(1) Injunctive relief.
(2)CA Civil Law Code § 987(e)(2) Actual damages.
(3)CA Civil Law Code § 987(e)(3) Punitive damages. In the event that punitive damages are awarded, the court shall, in its discretion, select an organization or organizations engaged in charitable or educational activities involving the fine arts in California to receive any punitive damages.
(4)CA Civil Law Code § 987(e)(4) Reasonable attorneys’ and expert witness fees.
(5)CA Civil Law Code § 987(e)(5) Any other relief which the court deems proper.
(f)CA Civil Law Code § 987(f) In determining whether a work of fine art is of recognized quality, the trier of fact shall 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.
(g)CA Civil Law Code § 987(g) The rights and duties created under this section:
(1)CA Civil Law Code § 987(g)(1) Shall, with respect to the artist, or if any artist is deceased, his or her heir, beneficiary, devisee, or personal representative, exist until the 50th anniversary of the death of the artist.
(2)CA Civil Law Code § 987(g)(2) Shall exist in addition to any other rights and duties which may now or in the future be applicable.
(3)CA Civil Law Code § 987(g)(3) Except as provided in paragraph (1) of subdivision (h), may not be waived except by an instrument in writing expressly so providing which is signed by the artist.
(h)Copy CA Civil Law Code § 987(h)
(1)Copy CA Civil Law Code § 987(h)(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of the work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of the building, containing a legal description of the property and properly recorded, shall be deemed waived. The instrument, if properly recorded, shall be binding on subsequent owners of the building.
(2)CA Civil Law Code § 987(h)(2) If the owner of a building wishes to remove a work of fine art which is a part of the building but which can be removed from the building without substantial harm to the fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction, the rights and duties created under this section shall apply unless the owner has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of his or her intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person.
(3)CA Civil Law Code § 987(h)(3) If a work of fine art can be removed from a building scheduled for demolition without substantial physical defacement, mutilation, alteration, or destruction of the work, and the owner of the building has notified the owner of the work of fine art of the scheduled demolition or the owner of the building is the owner of the work of fine art, and the owner of the work of fine art elects not to remove the work of fine art, the rights and duties created under this section shall apply, unless the owner of the building has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of the intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person.
(4)CA Civil Law Code § 987(h)(4) Nothing in this subdivision shall affect the rights of authorship created in subdivision (d) of this section.
(i)CA Civil Law Code § 987(i) No action may be maintained to enforce any liability under this section unless brought within three years of the act complained of or one year after discovery of the act, whichever is longer.
(j)CA Civil Law Code § 987(j) This section shall become operative on January 1, 1980, and shall apply to claims based on proscribed acts occurring on or after that date to works of fine art whenever created.
(k)CA Civil Law Code § 987(k) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect any other provisions or applications of this section which can be effected without the invalid provision or application, and to this end the provisions of this section are severable.

Section § 988

Explanation

This law is about the rights artists or owners have over their artwork, even if they share some rights to use it. If an artist or owner lets someone else use their work in certain ways, like making copies or showing it to the public, they still own the actual artwork unless they clearly sign away that ownership. If there's any confusion about what rights were given, the law assumes the artist or owner keeps the rights unless a federal copyright law says otherwise.

(a)CA Civil Law Code § 988(a) For the purpose of this section:
(1)CA Civil Law Code § 988(a)(1) The term “artist” means the creator of a work of art.
(2)CA Civil Law Code § 988(a)(2) The term “work of art” means any work of visual or graphic art of any media including, but not limited to, a painting, print, drawing, sculpture, craft, photograph, or film.
(b)CA Civil Law Code § 988(b) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum, or other writing, signed by the artist, the owner, or their duly authorized agent.
(c)CA Civil Law Code § 988(c) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner, unless in any given case the federal copyright law provides to the contrary.

Section § 989

Explanation

This law is about protecting important artworks, such as original paintings and sculptures. If an artwork can't be removed from a property without ruining it, legal actions to preserve it can still take place if there's a reasonable chance it can be safely removed. Organizations interested in protecting artworks can step in, especially if a property owner plans to damage the artwork. If an organization decides to remove the artwork, they have to pay for it and they then own it. Legal actions must start within three years of the act or one year after it's discovered. The law also allows for court fees and expert witness costs to be awarded to the winning party. It has been in effect since January 1, 1983, and doesn't affect valid sections if one part is deemed invalid.

(a)CA Civil Law Code § 989(a) The Legislature hereby finds and declares that there is a public interest in preserving the integrity of cultural and artistic creations.
(b)CA Civil Law Code § 989(b) As used in this section:
(1)CA Civil Law Code § 989(b)(1) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, and of substantial public interest.
(2)CA Civil Law Code § 989(b)(2) “Organization” means a public or private not-for-profit entity or association, in existence at least three years at the time an action is filed pursuant to this section, a major purpose of which is to stage, display, or otherwise present works of art to the public or to promote the interests of the arts or artists.
(3)CA Civil Law Code § 989(b)(3) “Cost of removal” includes reasonable costs, if any, for the repair of damage to the real property caused by the removal of the work of fine art.
(c)CA Civil Law Code § 989(c) An organization acting in the public interest may commence an action for injunctive relief to preserve or restore the integrity of a work of fine art from acts prohibited by subdivision (c) of Section 987.
(d)CA Civil Law Code § 989(d) In determining whether a work of fine art is of recognized quality and of substantial public interest the trier of fact shall rely on the opinions of those described in subdivision (f) of Section 987.
(e)Copy CA Civil Law Code § 989(e)
(1)Copy CA Civil Law Code § 989(e)(1) If a work of fine art cannot be removed from real property without substantial physical defacement, mutilation, alteration, or destruction of such work, no action to preserve the integrity of the work of fine art may be brought under this section. However, if an organization offers some evidence giving rise to a reasonable likelihood that a work of art can be removed from the real property without substantial physical defacement, mutilation, alteration, or destruction of the work, and is prepared to pay the cost of removal of the work, it may bring a legal action for a determination of this issue. In that action the organization shall be entitled to injunctive relief to preserve the integrity of the work of fine art, but shall also have the burden of proof. The action shall commence within 30 days after filing. No action may be brought under this paragraph if the organization’s interest in preserving the work of art is in conflict with an instrument described in paragraph (1) of subdivision (h) of Section 987.
(2)CA Civil Law Code § 989(e)(2) If the owner of the real property wishes to remove a work of fine art which is part of the real property, but which can be removed from the real property without substantial harm to such fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction the owner shall do the following:
(A)CA Civil Law Code § 989(e)(2)(A) If the artist or artist’s heir, legatee, or personal representative fails to take action to remove the work of fine art after the notice provided by paragraph (2) of subdivision (h) of Section 987, the owner shall provide 30 days’ notice of his or her intended action affecting the work of art. The written notice shall be a display advertisement in a newspaper of general circulation in the area where the fine art is located. The notice required by this paragraph may run concurrently with the notice required by subdivision (h) of Section 987.
(i)CA Civil Law Code § 989(e)(2)(A)(i) If within the 30-day period an organization agrees to remove the work of fine art and pay the cost of removal of the work, the payment and removal shall occur within 90 days of the first day of the 30-day notice.
(ii)CA Civil Law Code § 989(e)(2)(A)(ii) If the work is removed at the expense of an organization, title to the fine art shall pass to that organization.
(B)CA Civil Law Code § 989(e)(2)(B) If an organization does not agree to remove the work of fine art within the 30-day period or fails to remove and pay the cost of removal of the work of fine art within the 90-day period the owner may take the intended action affecting the work of fine art.
(f)CA Civil Law Code § 989(f) To effectuate the rights created by this section, the court may do the following:
(1)CA Civil Law Code § 989(f)(1) Award reasonable attorney’s and expert witness fees to the prevailing party, in an amount as determined by the court.
(2)CA Civil Law Code § 989(f)(2) Require the organization to post a bond in a reasonable amount as determined by the court.
(g)CA Civil Law Code § 989(g) No action may be maintained under this section unless brought within three years of the act complained of or one year after discovery of such act, whichever is longer.
(h)CA Civil Law Code § 989(h) This section shall become operative on January 1, 1983, and shall apply to claims based on acts occurring on or after that date to works of fine art, whenever created.
(i)CA Civil Law Code § 989(i) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.