(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. [1981 c.410 §2; 1985 c.830 §2; 2011 c.230 §1]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Section 359.010 - Definitions for ORS 359.010 to 359.142.
Section 359.025 - Commission duties.
Section 359.030 - Objectives of Arts Program.
Section 359.040 - Duties of Arts Program.
Section 359.050 - Powers of Arts Program.
Section 359.065 - Arts Program established.
Section 359.100 - Grants and services from public and private sources.
Section 359.110 - Gifts; Arts Program as custodian.
Section 359.130 - Powers not granted or transferred.
Section 359.135 - Administrator; appointment; salary; duties.
Section 359.200 - Definitions for ORS 359.200 to 359.255.
Section 359.220 - Consignment contract requirements.
Section 359.240 - Secreting, withholding or appropriating art work or sale proceeds; penalty.
Section 359.250 - Liability of art dealer for violation of ORS 359.220.
Section 359.300 - Definitions for ORS 359.300 to 359.315.
Section 359.305 - Disclosure statements required; disclaimer; exception for reproduction.
Section 359.310 - Contents of disclosure statement.
Section 359.315 - Liability for failure to disclose; treble damages.
Section 359.350 - Definitions for ORS 359.350 to 359.365.
Section 359.400 - Definitions for ORS 359.400 to 359.444.
Section 359.405 - Trust for Cultural Development Account.
Section 359.407 - Use of moneys transferred to trust for marketing and promotional costs.
Section 359.410 - Board established; membership; chairperson.
Section 359.413 - Board quorum; meetings.
Section 359.416 - Board duties; rules.
Section 359.421 - Board staff; staff duties.
Section 359.426 - Percentage that may be disbursed; allowable uses.
Section 359.431 - Cultural Development Grant Program; grant uses; priorities; matching funds.
Section 359.436 - Community Cultural Participation Grant Program; local cultural plans.
Section 359.441 - Core partner agencies disbursement.
Section 359.444 - Allowable uses of funds by core partner agencies.