Massachusetts General Laws
Chapter 231 - Pleading and Practice
Section 85s - Physical Alteration or Destruction of Fine Art

Section 85S. (a) The general court 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 such alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.
(b) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Artist'', the natural person who actually creates a work of fine art but not to include such art as is created by an employee within the scope of his employment. In case of a joint creation of a work of art, each joint creator shall have the rights of an artist with respect to the work of fine art as a whole.
''Fine art'', any original work of visual or graphic art of any media which shall include, but not limited to, any painting, print, drawing, sculpture, craft object, photograph, audio or video tape, film, hologram, or any combination thereof, of recognized quality.
''Gross negligence'', 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.
''Public view'', means on the exterior of a public owned building, or in an interior area of a public building.
(c) No person, except an artist who owns or 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. As used in this section, intentional physical defacement, mutilation, alteration, or destruction includes any such action taken deliberately or through gross negligence.
(d) The artist shall retain the right to claim and receive credit under his own name or under a reasonable pseudonym or, for just and valid reason, to disclaim authorship of his work of fine art. Credit shall be determined in accord with the medium of expression and the nature and extent of the artist's contribution to the work of fine art.
(e) The artist or any bona fide union or other artists' organization authorized in writing by the artist for such purpose may commence an action in the superior court department of the trial court of the commonwealth without having as prerequisites to a suit any need for: (1) damages, already incurred, (2) a showing of special damages, if any, or (3) general damages in any monetary amount to recover or obtain any of the following (i) injunctive relief or declaratory relief, (ii) actual damages, (iii) reasonable attorneys' and expert witness fees and all other costs of the action, or (iv) any other relief which the court deems proper.
(f) In determining whether a work of fine art is of recognized quality, the court shall rely on the opinions of artist, art dealers, collectors of fine art, curators of art museums, restorers and conservators of fine art and other persons involved with the creation or marketing of fine art.
(g) The provisions of this section shall, with respect to the artist, or if any artist is deceased, his heir, legatee, or personal representative, continue until the fiftieth anniversary of the death of such artist, continue in addition to any other rights and duties which may now or in the future be applicable, and 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 and refers to specific works with identification and such waiver shall only apply to work so identified.
The attorney general may, if the artist is deceased, assert the rights of the artist on the artist's behalf and commence an action for injunctive relief with respect to any work of art which is in public view.
(h)(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of such work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of such building and properly recorded, prior to the installation of such art shall be deemed waived. Such instrument, if recorded, shall be binding on subsequent owners of such building.
(2) If the owner of a building wishes to remove a work of fine art which is a part of such building but which can be removed from the building without substantial harm to such fine art, 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 heir, legatee, or personal representative, in writing of his intended action affecting the work of fine art, or unless he did provide notice and that person failed within ninety days either to remove the work or to pay for its removal. If such work is removed at the expense of the artist, his heir, legatee, or personal representative, title to such fine art shall be deemed to be in such person.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title II - Actions and Proceedings Therein

Chapter 231 - Pleading and Practice

Section 6 - Assignee of Claim Assigned by Executor or Administrator, Proceedings

Section 6b - Interest Added to Damages in Tort Actions

Section 6c - Interest Added to Damages in Contract Actions

Section 6d - Damages for Pain and Suffering in Tort Actions Arising Out of Operation, etc., of Motor Vehicles; Restrictions

Section 6e - Definitions Applicable to Sections 6e to 6g

Section 6f - Costs, Expenses and Interest for Insubstantial, Frivolous or Bad Faith Claims or Defenses

Section 6g - Appeals; Motions for Expenses for Insubstantial, Frivolous or Bad Faith Claims or Defenses

Section 6h - Interest on Damages

Section 6i - Interest Rate; Schedule

Section 9 - Action to Recover Possession of Real Property

Section 13a - Invalidity of Stipulation Waiving Service of Process or Authorizing Confession of Judgment; Vacation of Judgment

Section 13b - Ad Damnum or Monetary Amount Claimed

Section 21 - Pleading Following Answer in Abatement

Section 22 - Pleading the General Issue; Evidence

Section 31 - Equitable Defenses

Section 35 - Reply Avoiding Defense in Equity

Section 39 - Real and Mixed Actions at Issue in Land Court

Section 42 - Endorsement of Pleading or Process Before Filing or Entry; Residence

Section 43 - Late Endorsement of Pleading or Process

Section 44 - Endorsement When Plaintiff Removes From Commonwealth

Section 45 - Procuring New Responsible Endorser

Section 47 - Dismissal on Failure to Obtain Endorser

Section 48 - Substitute Endorser

Section 51 - Amendments as to Parties, Process or Pleading

Section 52 - Amendment After Demurrer

Section 58a - Notice of Default to Company Issuing Motor Vehicle Liability Policy or Bond; Assessment of Damages Deferred

Section 59a - Advancing Action for Speedy Trial

Section 59c - Request of Either Party

Section 59d - Speedy Trial of Actions Involving Election Laws

Section 59e - Request of Either Party

Section 59f - Speedy Trial for Persons Sixty-Five Years of Age or Older

Section 59g - Dismissal for Failure to File a Timely Request for Trial; Vacation of Judgment

Section 59h - Strategic Litigation Against Public Participation; Special Motion to Dismiss

Section 60b - Malpractice Actions Against Providers of Health Care; Tribunal

Section 60c - Malpractice Complaints; Ad Damnum Prohibited

Section 60d - Claim by Minor Against Provider of Health Care; Limitations

Section 60e - Malpractice Action; Professional Examination of Claimant

Section 60f - Award of Damages; Elements and Itemization of Amounts

Section 60g - Reduction of Award of Damages; Collateral Sources of Benefits

Section 60h - Limitation of Damages for Pain and Suffering

Section 60i - Attorney Fees; Limitations on Contingency Fees

Section 60j - Negligence Actions for Serving Alcoholic Beverages to Minors or Intoxicated Persons; Summary Judgments

Section 60k - Actions for Malpractice, Negligence, Etc. Against Health Care Providers; Damages; Rate of Interest

Section 60l - Written Notice Requirement for Actions Against Health Care Providers as Defined in Seventh Paragraph of Sec. 60b; Time for Filing; Exceptions; Contents; Provider's Access to Medical Records; Written Response

Section 61 - Filing Interrogatories

Section 62 - Answers to Interrogatories

Section 63 - Rules Governing Use of Interrogatories

Section 64 - Failure to Answer or to Amend or Expunge Answer

Section 65 - Person Answering Interrogatories When Corporation, Municipal Corporation, Minor or Incompetent Is Party

Section 66 - Order for Costs

Section 67 - Non-Disclosure of Information Not Pertinent

Section 68 - Inspecting Documents

Section 69 - Demand for Admissions; Answer to Demand or Refusal of Admissions; Costs

Section 71 - Motions and Interlocutory Orders

Section 72 - Agreements Regarding Amendments and Trial Procedure

Section 81 - Charges as to Facts, Etc.

Section 82 - Designation of Place of Trial

Section 83 - Interrupting Examination of Witnesses

Section 84a - Consolidation of Actions Involving Same Subject Matter

Section 85 - Comparative Negligence; Limited Effect of Contributory Negligence as Defense

Section 85a - Prima Facie Evidence of Owner's Responsibility for Operation of Motor Vehicle

Section 85b - Action for Consequential Damages; Presumption of Automobile Owner's Responsibility

Section 85c - Action to Enforce Liability Policy or Bond; Presumption of Insured's Consent to Operation of Vehicle

Section 85d - Imputing Negligence of Parent or Custodian to Infant

Section 85e - Motor Vehicles; Defenses in Subrogation Claims

Section 85f - Imputation of Negligence of Operator of Motor Vehicle to Passenger-Owner

Section 85g - Parents' Liability for Willful Acts of Minor Children

Section 85h - Leased Property; Failure to Return; Conversion; Presumption

Section 85i - Emergency Care, Etc. of Injured Persons by Members of Ski Patrols; Exemption From Civil Liability

Section 85j - Fraud or Deceit in Sale of Personal Property; Treble Damages

Section 85k - Limitation of Tort Liability of Certain Charitable Organizations; Liability of Directors, Officers or Trustees of Educational Institutions

Section 85l - Recovery of Damages Against Operator of Motor Vehicle by Guest; Ordinary Negligence

Section 85m - Disclaimers of Liability by Parking Facilities Not a Defense and Void

Section 85n - Liability of Licensed Members of Certain Professional Societies and Committees for Damages Resulting From Official Acts

Section 85o - Contracts; Age of Legal Capacity and Liability in Civil Actions

Section 85p - Age of Majority; Legal Capacity

Section 85p1/2 - Child Performers; Contracts; Court Approval

Section 85q - Standard of Care Owed Children; Maintenance of Artificial Condition Upon Land

Section 85r - Boat Races or Regattas; Liability for Injuries

Section 85r1/2 - Liability for Damage to Property as a Result of Shoplifting or Attempted Larceny; Recovery

Section 85s - Physical Alteration or Destruction of Fine Art

Section 85t - Negligence Action for Serving Alcohol to Intoxicated Person Prohibited; Exceptions

Section 85u - Death or Injury to Unlawful Dwelling Occupants; Liability of Lawful Occupants

Section 85v - Sports Program Volunteers' Liability; Definitions

Section 85w - Officers and Directors of Charitable Corporations; Tort Liability

Section 85x - Loss of Consortium of a Dependent Child; Cause of Action

Section 85y - Child Care Facilities; Liability of Owner of Property for Injury or Damage on Premises

Section 85z - Conveyances Without Fair Consideration by Persons in Contempt of an Order or Judgment for Child Support; Civil Action

Section 85aa - Liability of Registered Rescue Volunteers

Section 85bb - False Claim of Hours Worked Knowingly Submitted by Law Enforcement Officer

Section 87 - Pleadings as Evidence; Effect

Section 88 - Effect of Unaccepted Offer of Judgment

Section 89 - Use at Trial of Answers to Interrogatories

Section 91 - Effect of Unproved Defense of Truth in Action of Slander or Libel; Proof of Statements Not Contained in Pleadings

Section 91a - Radio or Television Broadcast; Liability of Owner of Station, Etc.

Section 91b - Statement Relating to Bank Loan for Purchase of Goods or Services as Defense to Claim for Libel

Section 92 - Truth as Justification for Libel

Section 93 - Retraction of Libel; Mitigation of Damages; Punitive Damages

Section 94 - Evidence in Mitigation of Damages

Section 94a - Probable Cause as Defence in Action for False Arrest

Section 94b - False Arrest; Shoplifting; Defrauding Innkeepers; Defenses

Section 94c - False Arrest; Theft of Public Records; Defenses

Section 95 - Defense to Action on Default Judgment

Section 96 - Relief From Final Judgment; Vacation; Effect of Attachment

Section 97 - Appeal to Superior Court

Section 98 - Appeal Bond

Section 99 - Deposit in Lieu of Appeal Bond

Section 101 - Record on Appeal to Superior Court; Transmission

Section 102 - Docket Entries on Taking Appeal

Section 102c - Transfer of Action From Superior Court; Trial; Decision; Notice; Judgment; Retransfer; Trial

Section 103 - Waiver of Jury Trial and Right of Appeal in Cases Brought in District Court

Section 104 - Removal From District Court to Superior Court

Section 104a - Multiple Judgments Specification for Removal to Superior Court

Section 106 - Deposit in Lieu of Removal Bond

Section 107 - Circumstances Making Removal Bond Unnecessary

Section 108 - Appellate Divisions of District Courts; Assignment and Compensation of Justices; Procedure

Section 109 - Appeal to Appeals Court From Appellate Division

Section 110 - Powers of Appellate Division

Section 111 - Report by Single Justice

Section 112 - Report by Single Justice of Supreme Judicial Court

Section 112a - Appellate Proceedings Upon Report; Application of Rules of Appellate Procedure

Section 112b - Objections to Rulings or Orders

Section 113 - Appeal From Final Judgment of Superior Court, Land Court and Housing Courts

Section 114 - Appeal From Final Judgment of Single Justice of Supreme Judicial Court

Section 115 - Disposition of Judgment on Appeal; Stay of Execution

Section 116 - Protective Orders Pending Appeal

Section 117 - Temporary Appellate Relief From Final Judgments Pending Appeal

Section 118 - Temporary Appellate Relief From Interlocutory Orders; Appeals to Appeals Court or Supreme Judicial Court

Section 118a - Appeal From Interlocutory Order for Equitable Relief

Section 119 - Harmless Error; Disposition of Judgment on Appeal

Section 124 - Determination of Questions of Law by Full Court on Appeal

Section 125 - Appellate Court's Powers of Amendment; Additional Testimony

Section 125a - Further Report of Material Facts in Equity and Probate Appeals

Section 130 - Costs on Refusal of New Trial

Section 132 - Error Not Affecting Substantial Rights; Partial New Trial

Section 138 - Amendment of Pleadings; Notice and Hearing Requisite to Bind Certain Persons; Appeal

Section 139 - Representation of Corporate Party by Officer or Agent

Section 140a - Conclusiveness of Consent Judgment in Automobile Case

Section 140b - Advance Payments or Settlements of Claims by Insurers; Effect Upon Liability; Admissibility as Evidence; Credit Upon Judgment; Notice of Limitations to Claimant by Insurer; Accrual of Cause of Action

Section 140c - Settlement or Partial Payment by Insurer as Admission of Liability

Section 140c1/2 - Settlement of Claim of Minor or Incompetent; Judicial Powers; Petition for Settlement Approval