§ 10-1-520. Short Title
This article shall be known and may be cited as the “Georgia Consignment of Art Act.” History. Code 1981, § 10-1-520 , enacted by Ga. L. 1995, p. 267, § 1.
§ 10-1-521. Definitions
As used in this article, the term: “Art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a nonprofit organization. “Artist” means the person who creates a work of art, or, if such […]
§ 10-1-522. Delivery of Artwork to Dealer for Exhibition or Sale in Exchange for Compensation Constituting Consignment
Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist’s own creation 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, […]
§ 10-1-523. Written Contract Required for Consignment of Work of Art; Violation by Art Dealer Rendering Artist’s Obligation Voidable
An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing: The value of the work […]
§ 10-1-524. Effects of Consignment
A consignment of a work of art shall result in all of the following: The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state; The work of art shall constitute property held […]
§ 10-1-525. Art Received as Consignment to Remain Trust Property; Not Subject or Subordinate to Claims, Liens, or Security Interests
A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid […]
§ 10-1-526. Contractual Waiver of Liability for Works of Art Consigned to Cooperative
Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void. History. Code 1981, § 10-1-526 , enacted by Ga. […]
§ 10-1-527. Use or Display of Work of Art or Photograph Thereof
An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art […]
§ 10-1-528. Applicability to Contracts Executed Prior to July 1, 1995
This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995. History. Code 1981, § 10-1-528 , enacted by Ga. L. 1995, p. 267, § 1.
§ 10-1-529. Liability for Violations by Art Dealers
Any art dealer who violates this article is liable to the artist in an amount equal to: Fifty dollars; and The actual damages, if any, including the incidental and consequential damages sustained by the artist by reason of the violation and reasonable attorney’s fees. History. Code 1981, § 10-1-529 , enacted by Ga. L. 1995, […]