[4] The California Art Preservation Act was the first major law to specifically address artists' rights in the United States.
[14] Fine art is defined in the statute as any original painting, sculpture, or drawing that is "of recognized quality.
[15] "Commercial use" is fine art created under a contract for use in advertising or marketing in both print and electronic media.
[5][26] Any alteration to or destruction of fine art prior to January 1, 1980 does not fall within the parameters of the law.
[27] Prior to the enactment of CAPA, there was no existing law in California that protected an artist against the alteration or destruction of an artwork once ownership of the piece (through sale or gift) had been transferred to another person.
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