(b) The rights created by this subdivision shall exist in addition to any other rights and duties which may now or in the future be applicable. 3. (a) Alteration, defacement, mutilation or modification of such work resulting from the passage of time or the inherent nature of the materials will not by itself create a violation of subdivision one of this section or a right to disclaim authorship under subdivision two of this section; provided such alteration, defacement, mutilation or modification was not the result of gross negligence in maintaining or protecting the work of fine art.
(b) In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself create a violation of subdivision one of this section or a right to disclaim authorship under subdivision two of this section.
(c) Conservation shall not constitute an alteration, defacement, mutilation or modification within the meaning of this section, unless the conservation work can be shown to be negligent.
(d) This section shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
(e) The provisions of this section shall apply only to works of fine art or limited edition multiples of not more than three hundred copies knowingly displayed in a place accessible to the public, published or reproduced in this state. 4. (a) An artist aggrieved under subdivision one or subdivision two of this section shall have a cause of action for legal and injunctive relief.
(b) 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 the constructive discovery of such act, whichever is longer.
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