Oregon Revised Statutes
As used in ORS 359.010 to 359.142, unless the context requires otherwise: “Arts” includes, but is not limited to: Instrumental and vocal music; Dance, drama and folk art; Creative writing and poetry; Architecture and landscaping design and the fields allied to them; Museum-related activities including, but not limited to: Exhibitions; Curation and ma…
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. Persons appointed members of the commission shall be…
The Oregon Arts Commission shall perform the following duties: 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 coordination of these activities. Advise the Go…
The objectives of the Arts Program of the Oregon Business Development Department are: 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 standards. To encourage and give greater opportu…
To carry out its objectives the Arts Program of the Oregon Business Development Department shall: Develop programs and plans: To encourage broad public participation in, and understanding of, programs in the arts. To encourage public interest in conserving and understanding the cultural and artistic heritage of the state and of its people. To encourage i…
In performing its duties, the Arts Program of the Oregon Business Development Department, within the limits of available funds, may: Conduct hearings and conferences to develop facts, to explain programs and activities, and to obtain advice. Enter into agreements with other public agencies and with associations and individuals for services that will assist…
No operative statutory text appears at this designation in the selected edition.
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. The program shall provide the Oregon Arts Commission with staff and other…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. The program may apply for and accept grants or services from the federal government or any of its agencies, from associations, individ…
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 contrary to the laws of this state. The prog…
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 359.100 and 359.110 shall be paid into the St…
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. Nothing in ORS 359.010 to 359.142 is intended to transfer from any other state agency to the program any…
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. The administrator shall receive such salary as may be provided by law or as fixed by the director. The administrator shall be …
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.
No operative statutory text appears at this designation in the selected edition.
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.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 359.200 to 359.255: “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. “Artist” means the creator of a work of fine art or, if the artist is deceased, the artist’s personal representative, heirs or legatees. “Consigne…
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 by, the art dealer of the work of fine art co…
A consignment of a work of fine art has the following effect: 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. The work of fine art, or the consignor’s portion of the proceeds from the sale of the work, is not subject to the claims of …
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 the work.
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: The retail value of the work of fine art; The time within which the proceeds of the sale are to be paid …
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 balance due the consignor on the sale, unles…
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.
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. ORS 359.200 to 359.255 is applicable notwithstanding the absence of, or c…
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 terms of consignment. Violation of this sectio…
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. 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. (Fine Print Disclosure Statements)
As used in ORS 359.300 to 359.315: “Artist” means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print. “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph. “Impression” means the printed image on suitable material whether p…
No person, engaged in the business of selling fine prints, shall sell a fine print, at wholesale or at retail, unless the person furnishes the purchaser a certificate or a written invoice or receipt for the purchase price which clearly and conspicuously discloses and warrants all of the applicable information about a fine print set forth in ORS 359.310. If …
The following information about a fine print shall be furnished as provided in ORS 359.305: The name of the artist and the year when printed. Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: The authorized maximum number of signed or numbered impressions, or both, in the edition; The authorized maximum num…
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. In any case in which a person willfully offers or sells a fine print in violation of ORS 359.…
As used in ORS 359.350 to 359.365: “Artist” means the creator of a work of fine art. “Fine art” means a painting, sculpture, drawing, photograph, craft work, fiber art or work of graphic art. “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph, but does not include industrial designs. “Industri…
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 is sooner expressly transferred by an instru…
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 art shall remain with and be reserved to the artist o…
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, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved …
As used in ORS 359.400 to 359.444: “Community Cultural Participation Grant Program” means the program created by ORS 359.436. “Core partner agencies” means the Oregon Arts Commission, the Oregon Council for the Humanities, the Oregon Heritage Commission, the Oregon Historical Society and the State Historic Preservation Officer. “Cultural Development Grant…
The Trust for Cultural Development Account is established in the State Treasury, separate and distinct from the General Fund. Investment earnings, interest and other income earned by the Trust for Cultural Development Account shall be credited to the account. The primary purpose of the account is to serve as a repository for both public and private moneys de…
Notwithstanding ORS 359.405, moneys transferred to the Trust for Cultural Development Account pursuant to ORS 805.261 may be used for marketing and promotional costs to increase the amount of moneys in the Trust for Cultural Development Account. Amounts used for marketing and promotional costs as described in subsection (1) of this section are not considere…
There is established a Trust for Cultural Development Board consisting of 11 members appointed by the Governor. The membership of the board must reflect the geographical and cultural diversity of this state. Each member must have a background that demonstrates a commitment to Oregon’s culture. The Speaker of the House of Representatives and the President of…
A majority of the members of the Trust for Cultural Development Board constitutes a quorum for the transaction of business. The board shall meet at least once every three months at a place, day and hour determined by the chairperson. The board also shall meet at other times and places specified by the call of the chairperson or of a majority of the members …
The Trust for Cultural Development Board shall oversee management of the Trust for Cultural Development Account and shall provide direction to the Administrator of the Arts Program for the coordination, administration and evaluation of the Cultural Development Grant Program, the Community Cultural Participation Grant Program and the use of funds received by …
The Administrator of the Arts Program shall provide staff support to the Trust for Cultural Development Board. Under the direction of the board, the administrator shall: Coordinate grant management; Provide Trust for Cultural Development Account management and accounting; Work with cultural agencies and their constituents to communicate with and educate t…
The Trust for Cultural Development Board may solicit and accept gifts, bequests or devises of money, securities or other property of any kind to carry out the purposes of ORS 359.400 to 359.444. Notwithstanding paragraph (a) of this subsection, a restricted gift, bequest or devise may not be accepted if the restriction is contrary to the laws of this state.…
Under the direction of the Trust for Cultural Development Board, each fiscal year the Arts Program shall disburse no less than 50 percent, but no more than 60 percent, of all moneys raised for and deposited in the Trust for Cultural Development Account during the previous fiscal year, and all interest earned on the moneys, as of July 1. The amount determine…
There is created the Cultural Development Grant Program to be administered by the Administrator of the Arts Program under the direction of the Trust for Cultural Development Board. The purpose of the program is to provide preservation of, stabilization of and investment in Oregon’s cultural resources. The Arts Program under the direction of the Trust for Cul…
There is created the Community Cultural Participation Grant Program to be administered by the Administrator of the Arts Program under the direction of the Trust for Cultural Development Board. The purpose of the program is to provide funds to counties and federally recognized Indian tribes for local cultural activities. The Arts Program under the direction o…
The Arts Program, under the direction of the Trust for Cultural Development Board, shall distribute the amount disbursed from the Trust for Cultural Development Account under ORS 359.426 (2)(c) to the core partner agencies as follows: The Arts Program shall allocate 20 percent of the amount disbursed under ORS 359.426 (2)(c) for joint efforts by the core pa…
A core partner agency may use funds received under ORS 359.426 (2)(c) to: Carry out the mission and mandate of the agency; Serve more grantees; and Encourage new cultural undertakings. Each core partner agency shall expend a portion of the amount received under ORS 359.426 (2)(c) as determined by the Trust for Cultural Development Board each fiscal year …