Section 359.365 – Ambiguity in agreement transferring right to reproduce art work resolved in favor of artist.
Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of or publicly display a work of fine 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 […]
Section 359.250 – Liability of art dealer for violation of ORS 359.220.
(1) An art dealer who violates ORS 359.220 is liable to the consignor for $100 plus actual damages, including incidental damages sustained as a result of the violation. (2) If an art dealer violates ORS 359.220, the consignor’s obligation for compensation to the art dealer is voidable by the consignor. [1985 c.830 §7; 2011 c.230 […]
Section 359.255 – Attorney fees.
In any action under any provision of ORS 359.200 to 359.255, the court may award reasonable attorney fees and costs to the prevailing party. [1985 c.830 §8]
Section 359.300 – Definitions for ORS 359.300 to 359.315.
As used in ORS 359.300 to 359.315: (1) “Artist” means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print. (2) “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph. (3) “Impression” means the printed […]
Section 359.305 – Disclosure statements required; disclaimer; exception for reproduction.
(1) No person, engaged in the business of selling fine prints, shall sell a fine print, at wholesale or at retail, unless the person furnishes the purchaser a certificate or a written invoice or receipt for the purchase price which clearly and conspicuously discloses and warrants all of the applicable information about a fine print […]
Section 359.310 – Contents of disclosure statement.
The following information about a fine print shall be furnished as provided in ORS 359.305: (1) The name of the artist and the year when printed. (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (a) The authorized maximum number of signed or numbered impressions, or […]
Section 359.315 – Liability for failure to disclose; treble damages.
(1) A person who offers or sells a fine print in violation of ORS 359.300 to 359.315 shall be liable to the person purchasing such fine print. The purchaser may recover the consideration paid for such print, with interest at the legal rate upon the tender of the print. (2) In any case in which […]
Section 359.350 – Definitions for ORS 359.350 to 359.365.
As used in ORS 359.350 to 359.365: (1) “Artist” means the creator of a work of fine art. (2) “Fine art” means a painting, sculpture, drawing, photograph, craft work, fiber art or work of graphic art. (3) “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph, but does […]
Section 359.200 – Definitions for ORS 359.200 to 359.255.
As used in ORS 359.200 to 359.255: (1) “Art dealer” means an individual, partnership, firm, association or corporation, other than a public auctioneer, that undertakes to sell a work of fine art created by another. (2) “Artist” means the creator of a work of fine art or, if the artist is deceased, the artist’s personal […]
Section 359.355 – Art work reproduction rights retained by artist unless expressly transferred; effect of federal copyright laws.
(1) Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or the heirs or personal representatives thereof, the right of reproduction thereof is reserved to the grantor until the right passes into the public domain pursuant to federal copyright laws unless the right […]