A BILL
To establish a National Arts and Crafts Board, and for other purposes to protect the authentic arts and crafts industry.
Section 1. Short Title
This Bill may be cited as the National Arts and Crafts Act
Section 2. Definition of Arts and Crafts, Authentic Arts and Crafts and Artisans and Crafters and discriminatory practices within the industry
1. To establish a definition as to the meaning of arts and crafts, handcrafted arts and crafts and authentic arts and crafts.
2. Establish a definition, as to the meaning of "artist blackballing" and other terminalogy and practices that are discriminatory and/or illegal within the arts and craft indusrty.
Section 3. Powers of the National Arts and Crafts Board
1. To establish a national board under the Department of Education to promote the development of authentic arts and crafts
2. Establish penalties for violations of sections of this act.
3. To establish a national government trademark, to be registered with the US Patent and Trademark office of certification of authentic art or craft product.
4. To establish such trademark, to also be registered to recognized arts and crafts organizations;
(a) That meet the standards as established by the Arts and Crafts Board
5. To establish and regulate guidelines to prohibit discriminatory practices such as blackballing artisans.
Section 4. Referral For Crimal And Civil Violations
1. The board will receive complaints of violations of Title 18, United States Code, and refer complaints of violations to the Federal Bureau of Investigation for appropriate investigation. After reveiweing the investigation report the Board may recommend to the Attorney General of the United States that criminal proceedings may be insitituted under the approporiate section.
Section 5. Criminal Penalty For Misrepresentation of Authentic Arts and Crafts Goods and Products
1. In General Title 18, of the United States Code will be amended to establish penalties for misrepresentation.
2. Misrepresentation definition will include:
(a) It is unlawful to offer or display for sale or sell any good with our without a Government trademark, that falsely suggests it is an authentic arts and crafts product, produced by a recognized artist or crafter.
3. Whosoever knowingly violates subsection (a) of Section 2 shall --
(1) in the case of a first violation, if an individual, be fined not more than $100,000 or not less than $ 50,000, and/or be imprisoned for not more than 1 year or both, and if a person other than an individual, be fined not more than $1,000,000: and
(2) in the case of a company or corporation, in the case of a first violation be fined not more than $1,500,000 or not less than $500,000 and:
(a) face trade sactions within the United States for a period of 10 years, to include: ceasation of all trading within the United States for a period of not less than 5 years and up to 10 years.
(3) in the case of a marketing organization to include such entities as arts and crafts show promoters, event organizers in the case of a first violation:
(a) in the case of a first violation, if an individual be fined not less than $50,000 and not more than $100,000 and up to six months in jail.
(b) in the case of first violation if a registered corporation or company, be fined not less than $100,000 and not more than $250,000 and up to one year in jail
4. Whosoever knowingly violates Section 3 subsection 5
(a) in the case of a first violaton where evidence is submitted to the Attorney Generals or the Federal Bureau of Investigation, the Attorney General will issue a cease and decist order upon the complaint for a period of 120 days while an investigation is initiated
(A) in the case of conviction and first violation, if an individual, be fined not less than $ 25,000 and not more than $ 50,000
(B) in the case of a corporation or company, and first violation be fined $100,000 and up to 6 months in a criminal facility.
Section 6. Cause of Action For Misrepresentation of Authentic Arts and Crafts Products and Goods
1 A person specified in Section 3, subsection 1, may in a civil action in a court of competent jurisdiction, bring an against a person who offers or displays for sall or sells a good, with or without a Government trademark, in a manner that falsely suggests that it is an authentic arts and crafts produced product or good, an:
(a) obtain an injunction or other equitable relief; and
(b) recover the greater of-
(B) in case of each aggreieved purchaser, liquidated damages of not less than $1,000 for each occurance of any such offer, display or sale; or;
(C) the court may award punititve damages and the costs of suit and a reasonable attorney's fee.
2. A civil action under the Section 6 Subsection 1 may be commenced-
(a) by the Attorney General of the United States upon request of the Secretary of the Interior, on behalf of an artisan who is a member of a recognized organization under Section 4 Subsection (a);
(b) by an artisan on behalf of himself/herself who is a member of a recognized organization or meets the standards established by the Arts and Crafts Board; and
(c) by any person aggreived by any such offer, display, or sale.
3. Any amount recoverd pursuant to this section shall be paid to the individual or recognized arts and crafts organization or person, except that-
(a) the Attorney General may deduct from the amount recoved the amount for costs of the suit and reasonable attorney's fees awarded pursuant to Section 6 subsection 1, and deposit the amount of such costs and fees as a reimbursement credited to appropriations currently available to the Attorney General at the time of receipt of the amount received. The amount may not exceed 33% of the total recovered amount.
(b) in the case the amount recovered for costs of suit an reasonable attorney's fees pursuant to the Section 6 subsection 1 the amount of costs of attorney's fees and cost of suit may not exceed 30%
4. In the event that any provision of this section is held invalid, it is the intent of Congress that the remaining provisions fo this section shall continue in full force and effect
Section 7. Penalty for Counterfeiting Arts and Crafts Board Trademark
1. Under Title 18 of the United States Code, in the case of a first violation, if an individual, be fined not more than $50,000 or imprisoned not more than one years, or both, and if a person other than an individual, be fined not more than $ 1,000,000 , and
2. in the case of subsequent violations if an individual, be fined not more than $ 250,000 or imprisoned not more than fifteen years, or both, and if a peson other than an individual, be fined not more than $5,000,000 (a) whereas an individual in this case may define a registered company or corporation
Section 8. Certification of Authentic Arts and Crafts
1. For the purpose of Title 18 of the United States Code and Section 2 entitled " Definition of Arts and Crafts..." and for other purposes any arts and crafts organization may not impose a fee in certifying an individual as an authentic artisan.
2. To establish defined catagories of Artists and Crafters, and to define for future purposes what constitutes each type of art form media and original vs copies.
