352:1 Uncopyrighted Compositions Protected. – Whenever any person, firm, association or corporation is the owner of any literary, dramatic or musical composition and the rights of the author pertaining thereto, and such composition has not been copyrighted, printed or published, or of any map, charter, engraving, cut, print, photograph or negative thereof, statue, statuary, […]
352:10 Civil Penalty. – Any art dealer who violates RSA 352:7 or 352:8 shall be liable to the artist for his reasonable attorney’s fees plus: I. One hundred dollars, plus the actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation. II. If an art […]
352:11 Exemption From UCC. – The provisions of this subdivision shall prevail over conflicting or inconsistent provisions of RSA 382-A, the Uniform Commercial Code. Source. 1988, 117:1, eff. Jan. 1, 1989.
352:12 Application. – This subdivision shall not apply to a written contract executed prior to January 1, 1989, unless: I. The parties agree that this subdivision shall apply; or II. The contract is extended or renewed on or after January 1, 1989. Source. 1988, 117:1, eff. Jan. 1, 1989.
352:2 Penalty. – Whoever violates RSA 352:1 shall be guilty of a misdemeanor. Source. 1895, 42:7. PL 170:9. RL 207:9. RSA 352:2. 1973, 528:245, eff. Oct. 31, 1973 at 11:59 p.m.
352:3 Definitions. – In this subdivision: I. "Art dealer" means a person, including an individual, partnership, firm, association, or corporation, engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at a public auction. II. "Artist" means the creator of a work of […]
352:4 Art Dealer and Artists; Relationship. – If an art dealer accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, the following consequences shall attach: I. The art dealer shall be, with respect to that work of art, the […]
352:5 Purchase or Resale of Consigned Art by Art Dealer. – I. If a work of art is trust property under RSA 352:4 when it is initially received by the art dealer, it shall remain trust property, notwithstanding the subsequent purchase of the work of art by the art dealer directly or indirectly for […]
352:6 Trust Property Exempt From Claims of Art Dealer’s Creditors. – Notwithstanding any other provision of law, a work of art that is trust property or the artist’s portion of the proceeds from the sale of such work under RSA 352:4 or 352:5 shall not be subject to the claims, liens, or security interests […]
352:7 Art Dealer Required to Obtain Written Contract. – I. An art dealer shall not accept a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art unless, prior to or at the time of acceptance, the art dealer enters into a […]
352:8 Art Dealer Duties; Condition for Display of Work or Photograph. – 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, shall not use or display the work of art or a photograph of the […]
352:9 Waivers Void. – Any provision of a contract or agreement whereby the artist or art dealer waives any of the provisions of this subdivision shall be void. Source. 1988, 117:1, eff. Jan. 1, 1989.
