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 359.142 – Rules.
The Director of the Oregon Business Development Department, in accordance with ORS chapter 183, may adopt such rules for the operation of the Arts Program as the director determines necessary or convenient for the program to perform its duties and functions. [1993 c.209 §4]
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 […]
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; […]