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 359.205 – Delivery of art work to dealer as consignment; exception for direct sale work as trust property.
(1) Notwithstanding any custom, practice or usage of the trade to the contrary, whenever a consignor delivers or causes to be delivered a work of fine art to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compensation, the delivery to, […]
Section 359.360 – Ownership of physical work of art remains with artist unless expressly transferred.
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, ownership of the physical work of fine […]
Section 359.210 – Effect of treating art work delivery as consignment; name of purchaser to be supplied on demand; remedy.
(1) A consignment of a work of fine art has the following effect: (a) The consignee, after the delivery of fine art, is the agent of the consignor for the purpose of the exhibition or sale, or both, of the work of fine art within this state. (b) The work of fine art, or the […]
Section 359.215 – Consignment does not create rights in consignee greater than those of consignor.
A consignment of a work of fine art does not convey title to or create an estate in the work or grant a right to possession superior to that of the consignor notwithstanding the power or authority of the consignee to transfer or convey to a third person all of the right, title and interest […]
Section 359.220 – Consignment contract requirements.
An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from a consignor only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the consignor establishing: (1) The retail value of the work of fine art; […]
Section 359.225 – Payment of sale proceeds of consigned work; consignor’s portion of funds not subject to claims of consignee’s creditors.
The proceeds from a sale of a work of fine art on consignment shall be paid to the consignor within 30 days of receipt by the consignee unless the consignor expressly agrees otherwise in writing. If the sale of the work of fine art is on installment, the funds from the installment shall first be […]
Section 359.230 – Contract provision waiving protections for consignor is void.
Any provision of a contract or agreement pursuant to which the consignor waives any of the provisions of ORS 359.200 to 359.255 is void. [1981 c.410 §7; 2011 c.230 §5]
Section 359.235 – ORS 359.200 to 359.240 not to affect prior transactions; effect of Uniform Commercial Code.
(1) Nothing in ORS 359.200 to 359.255 is intended to affect any written or oral contract or agreement in existence prior to November 1, 1981, unless the parties agree by mutual written consent that ORS 359.200 to 359.255 apply or the contract is extended or renewed after November 1, 1981. (2) ORS 359.200 to 359.255 […]
Section 359.240 – Secreting, withholding or appropriating art work or sale proceeds; penalty.
(1) It is unlawful for a consignee willfully and knowingly to secrete, withhold or appropriate a work of fine art or the proceeds from the sale of a work of fine art for the consignee’s own use or the use of any person other than the consignor, except pursuant to a bona fide sale or […]