Oregon Law
Law as of Jan 1, 2026
Chapter contents
359.010Definitions for ORS 359.010 to 359.142 359.020Oregon Arts Commission; members; term; qualifications; vacancy; term limit; officers; quorum; compensation and expenses 359.025Commission duties 359.030Objectives of Arts Program 359.040Duties of Arts Program 359.050Powers of Arts Program 359.060[1967 c.321 §4; repealed by 1993 c.209 §22] 359.065Arts Program established 359.070[1967 c.321 §5; repealed by 1993 c.209 §22] 359.080[1967 c.321 §6; repealed by 1993 c.209 §22] 359.090[1967 c.321 §13; repealed by 1975 c.605 §33] 359.095[1975 c.53 §4; repealed by 1979 c.729 §3] 359.100Grants and services from public and private sources 359.110Gifts; Arts Program as custodian 359.120Arts Trust Account 359.130Powers not granted or transferred 359.135Administrator; appointment; salary; duties 359.137Staff 359.140[1981 c.411 §3; 1987 c.758 §3; 1989 c.987 §20; repealed by 1993 c.209 §23] 359.142Rules 359.150[1981 c.411 §4; 1993 c.209 §15; repealed by 1993 c.209 §23] 359.200Definitions for ORS 359.200 to 359.255 359.205Delivery of art work to dealer as consignment; exception for direct sale work as trust property 359.210Effect of treating art work delivery as consignment; name of purchaser to be supplied on demand; remedy 359.215Consignment does not create rights in consignee greater than those of consignor 359.220Consignment contract requirements 359.225Payment of sale proceeds of consigned work; consignor’s portion of funds not subject to claims of consignee’s creditors 359.230Contract provision waiving protections for consignor is void 359.235ORS 359.200 to 359.240 not to affect prior transactions; effect of Uniform Commercial Code 359.240Secreting, withholding or appropriating art work or sale proceeds; penalty 359.250Liability of art dealer for violation of ORS 359.220 359.255Attorney fees 359.300Definitions for ORS 359.300 to 359.315 359.305Disclosure statements required; disclaimer; exception for reproduction 359.310Contents of disclosure statement 359.315Liability for failure to disclose; treble damages 359.350Definitions for ORS 359.350 to 359.365 359.355Art work reproduction rights retained by artist unless expressly transferred; effect of federal copyright laws 359.360Ownership of physical work of art remains with artist unless expressly transferred 359.365Ambiguity in agreement transferring right to reproduce art work resolved in favor of artist 359.400Definitions for ORS 359.400 to 359.444 359.405Trust for Cultural Development Account 359.407Use of moneys transferred to trust for marketing and promotional costs 359.410Board established; membership; chairperson 359.413Board quorum; meetings 359.416Board duties; rules 359.421Board staff; staff duties 359.423Board solicitation or acceptance of gifts, bequests, devises of money, securities or other property 359.426Percentage that may be disbursed; allowable uses 359.431Cultural Development Grant Program; grant uses; priorities; matching funds 359.436Community Cultural Participation Grant Program; local cultural plans 359.441Core partner agencies disbursement 359.444Allowable uses of funds by core partner agencies

Chapter 359 — Art and Culture

ORS 359.205 Delivery of art work to dealer as consignment; exception for direct sale work as trust property

(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 by, the art dealer of the work of fine art constitutes a consignment unless the delivery to the art dealer is pursuant to an outright sale for which the consignor receives or has received compensation for the work of fine art upon delivery.

(2)

A work of fine art is trust property in the hands of the art dealer, who is trustee for the benefit of the consignor until the work of fine art is sold to a bona fide third party.

(3)

The proceeds of the sale of a work of fine art are trust property in the hands of the art dealer who is trustee for the benefit of the consignor until the amount due the consignor from the sale is paid. Nothing in this subsection requires a separate trust account for each consignor.

(4)

A work of fine art that is trust property when initially accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account, until the purchase price is paid in full to the consignor.

(5)

The trust relationship described in this section imposes no duty greater than the duties described in ORS 359.200 to 359.210, 359.220, 359.225, 359.250 and 359.255 and does not give rise to any general trust or fiduciary relationship.

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