Oregon · statute · Or. Rev. Stat. ch. 359 · 46 active provisions
As used in ORS 359.010 to 359.142, unless the context requires otherwise: (1) “Arts” includes, but is not limited to: (a) Instrumental and vocal music; (b) Dance, drama and folk art; (c) Creative writing and poetry; (d) Architecture and landscaping design and the fields allied to them; (e) Museum-related activities inc…
(1) The Oregon Arts Commission is created as a policy-making and advisory body within the Oregon Business Development Department. The commission shall consist of nine members appointed by the Governor. The term of a member is four years, and the member shall serve until a successor is appointed and qualifies. (2) Perso…
(1) The Oregon Arts Commission shall perform the following duties: (a) Serve as a body to advise governmental bodies and agencies and private persons on the development and implementation of state policies and programs relating to the arts, heritage, historic preservation, humanities and culture, and to assist in the c…
The objectives of the Arts Program of the Oregon Business Development Department are: (1) To complement, assist and strengthen existing or planned programs and activities of public and private associations in the arts to promote the broadest statewide public benefit, while maintaining high artistic and scholarly standa…
To carry out its objectives the Arts Program of the Oregon Business Development Department shall: (1) Develop programs and plans: (a) To encourage broad public participation in, and understanding of, programs in the arts. (b) To encourage public interest in conserving and understanding the cultural and artistic heritag…
(1) In performing its duties, the Arts Program of the Oregon Business Development Department, within the limits of available funds, may: (a) Conduct hearings and conferences to develop facts, to explain programs and activities, and to obtain advice. (b) Enter into agreements with other public agencies and with associat…
(1) The Arts Program is established as an administrative section within the Oregon Business Development Department. The program is subject to the supervision of the Administrator of the Arts Program. The program shall consist of the administrator and all personnel employed in the program. (2) The program shall provide…
(1) The Arts Program of the Oregon Business Development Department shall prepare and study plans for participation of public agencies and associations in federal government programs for the support and encouragement of the arts. (2) The program may apply for and accept grants or services from the federal government or…
(1) The Arts Program of the Oregon Business Development Department may solicit and accept gifts, bequests or devises of money, securities or other property of whatever character to carry out the purposes of ORS 359.010 to 359.142. A restricted gift, bequest or devise shall not be accepted if such restriction would be c…
There hereby is established an account separate and distinct from the General Fund to be known as the Arts Trust Account. Except for moneys received for the purposes of the Trust for Cultural Development Account, all moneys received by the Arts Program of the Oregon Business Development Department pursuant to ORS 359.1…
(1) The Arts Program of the Oregon Business Development Department shall not direct, supervise or control the policy, programs, personnel, curriculum or administration of any public or private agency, school, association or entity having to do with the arts. (2) Nothing in ORS 359.010 to 359.142 is intended to transfer…
(1) The Director of the Oregon Business Development Department, upon consultation with and the approval of the Oregon Arts Commission, shall appoint the Administrator of the Arts Program who shall serve at the pleasure of the director. (2) The administrator shall receive such salary as may be provided by law or as fixe…
The Arts Program of the Oregon Business Development Department shall employ, in accordance with the State Personnel Relations Law, the staff necessary to allow the program to carry out the provisions of ORS 359.010 to 359.142.
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.
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…
(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, and acceptance b…
(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 consignor’s portion of the proceeds from the…
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 of the consignor in and to th…
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; (2) The time within…
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 applied to pay any bala…
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.
(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 is…
(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 as otherwise consistent with the ter…
(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.
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] (Fine Print Disclosure Statements)