Mich. Comp. Laws § 442.351
Short title.
This act shall be known and may be cited as the “art multiples sales act”.
Michigan Compiled Laws — ART MULTIPLES SALES ACT (Act 40 of 1987)
Michigan · statute · 40 of 1987, Mich. Comp. Laws · 18 active provisions
Mich. Comp. Laws § 442.351a
Definitions.
As used in this act: (a) “Artist” means the creator of an image depicted by or in a master. (b) “Art merchant” means a person who deals in multiples, or who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to a person who deals in multiples, or who employs a broker, agent, or…
Mich. Comp. Laws § 442.352
Information required; transactions to which act applicable.
(1) An art merchant shall not sell or consign a multiple in, into, or from the state unless a written instrument is furnished to the purchaser or consignee, before the sale or consignment, which states as to each multiple the information required under sections 5, 6, 7, and 8 for the applicable time period. For auction…
Mich. Comp. Laws § 442.353
Catalog, prospectus, flyer or other written material or advertisement.
(1) An art merchant shall not cause a catalog, prospectus, flyer, or other written material or advertisement to be distributed in, into, or from the state, that solicits a direct sale by inviting transmittal of payment for a specific multiple, unless it clearly states, in close physical proximity to the description of…
Mich. Comp. Laws § 442.354
Posting of legible sign.
In each place of business in the state in which an art merchant regularly engages in the sale of multiples, the art merchant shall post, in a conspicuous place, a legible sign substantially stating the following: “Section 2 of the art multiples sales act, Act No. _____ of the Public Acts of _____, being section _____ o…
Mich. Comp. Laws § 442.355
Information to be supplied for each multiple; express warranty.
(1) All of the following information shall be supplied for each multiple produced after the effective date of this act: (a) The name of the artist. (b) If the artist's name appears on the multiple, the source of the name, such as whether the multiple was signed by the artist, whether only the master was signed, whether…
Mich. Comp. Laws § 442.356
Supplying information for multiple produced after December 31, 1949.
For a multiple produced after December 31, 1949, and before the effective date of this act, the information required under section 5(1)(a), (b), (c), (d), (e), (g), (i), and (j) shall be supplied.
Mich. Comp. Laws § 442.357
Supplying information for multiple produced after December 31, 1899.
For a multiple produced after December 31, 1899, and before January 1, 1950, the information required under section 5(1)(a), (b), (c), and (i) shall be supplied.
Mich. Comp. Laws § 442.358
Supplying information for multiple produced before January 1, 1900.
For a multiple produced before January 1, 1900, the information required under section 5(1)(a), (c), and (i) shall be supplied.
Mich. Comp. Laws § 442.359
Information as basis of bargain; express warranty; effect of furnishing name of artist; negating or limiting warranty; defense in action to enforce warranty; information regarding photographs; statement that information not applicable; disclaimer.
(1) Except as provided in subsection (2), information furnished by an art merchant pursuant to this act shall form a part of the basis of the bargain and shall create an express warranty as to each item of information provided. (2) If an art merchant furnishes the name of the artist pursuant to section 7 or 8, the art…
Mich. Comp. Laws § 442.360
Rights, liabilities, and remedies cumulative.
The rights, liabilities, and remedies created by this act are in addition to others provided by law, except where the construction would be unreasonable as a matter of law.
Mich. Comp. Laws § 442.361
Incurring obligations prescribed for art merchant.
An artist who is not otherwise an art merchant, who sells or consigns a multiple of the artist's own creation, shall for the purposes of that sale or consignment incur the obligations prescribed by this act for an art merchant.
Mich. Comp. Laws § 442.362
Violation; liability.
Except as provided in section 14, an art merchant, including an art merchant consignee, who violates this act by failing to provide required information or by supplying information which is false, mistaken, or erroneous, except for harmless error such as typographical error, is liable to the purchaser to whom the multi…
Mich. Comp. Laws § 442.363
Art merchant as agent for consignor or artist; liabilities; effect of good faith reliance on incorrect information.
If for purposes of effecting the sale of a multiple, an art merchant has agreed to act as the agent for a consignor who is not an art merchant, or if for purposes of supplying the information required by this act, an art merchant has agreed to act as the agent for an artist, the art merchant shall incur the liabilities…
Mich. Comp. Laws § 442.364
Liability of consignor to purchaser.
Except as provided in section 13, an artist or art merchant who consigns a multiple to an art merchant for the purpose of effecting a sale of the multiple shall not be liable to the purchaser under this act if the consignor complies with the requirements of this act as to the consignee.
Mich. Comp. Laws § 442.365
Action to enforce act.
(1) In an action to enforce this act all of the following apply: (a) A disclaimer made pursuant to section 2(2) regarding an item of relevant information shall be effective unless the claimant can establish that the art merchant failed to make reasonable inquiries, according to custom and usage of trade, to ascertain t…
Mich. Comp. Laws § 442.366
Effective date.
This act shall take effect 6 months after it is enacted into law.
Mich. Comp. Laws § 442.367
Conditional effective date.
This act shall not take effect unless all of the following bills of the 84th Legislature are enacted into law: (a) Senate Bill No. 55. (b) Senate Bill No. 56.