CHAPTER 737a
ARTIST-ART DEALER CONSIGNMENTS

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Sec. 42-116k. Definitions.
Sec. 42-116l. Consignment relationship. Notice. Proceeds of sales held in trust. Contract requirements.
Sec. 42-116m. Contract provisions.
Secs. 42-116n and 42-116o.

      Sec. 42-116k. Definitions. As used in this chapter:

      (a) "Artist" means the creator of a work of fine art.

      (b) "Art dealer" means a person, partnership, firm, association, limited liability company or corporation other than a public auctioneer who undertakes to sell a work of fine art.

      (c) "Consignor" means an artist or any person, partnership, firm, association, limited liability company or corporation who delivers a work of fine art to an art dealer for the purpose of sale, or exhibition and sale, to the public on a commission or fee or other basis of compensation.

      (d) "Consignee" means an art dealer who receives and accepts a work of fine art from a consignor for the purpose of sale, or exhibition and sale, to the public on a commission or fee or other basis of compensation.

      (e) "Fine art" means (1) a work of visual art such as a painting, sculpture, drawing, mosaic or photograph; (2) a work of calligraphy; (3) a work of graphic art such as etching, lithograph, offset print, silk screen or other work of similar nature; (4) crafts such as crafts in clay, textile, fiber, wood, metal, plastic, glass or similar materials; and (5) a work in mixed media such as a collage or any combination of the foregoing art media.

      (P.A. 78-254, S. 1; P.A. 95-79, S. 157, 189.)

      History: P.A. 95-79 redefined "art dealer" and "consignor" to include a limited liability company, effective May 31, 1995.

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      Sec. 42-116l. Consignment relationship. Notice. Proceeds of sales held in trust. Contract requirements. (a) Whenever a consignor delivers or causes to be delivered a work of fine art to a consignee for the purpose of sale, or exhibition and sale, to the public on a commission, fee or other basis of compensation, the delivery to and acceptance thereof by the art dealer is deemed to be "on consignment" and such consignee shall thereafter with respect to the said work of fine art be deemed to be the agent of such consignor.

      (b) Whenever a consignor delivers or causes to be delivered a work of fine art to a consignee, such consignor shall give notice to the public by affixing to such work of fine art a sign or tag which states that such work of fine art is being sold subject to a contract of consignment, or such consignor shall post a clear and conspicuous sign in the consignee's place of business giving notice that some works of fine art are being sold subject to a contract of consignment.

      (c) The proceeds of the sale of a work of fine art shall be held in trust by the consignee for the benefit of the consignor. Such proceeds shall be applied first in payment of any amount due to the consignor.

      (d) Any provision of a contract or agreement whereby the consignor waives any of the provisions of this section or section 42-116m is void.

      (P.A. 78-254, S. 2.)

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      Sec. 42-116m. Contract provisions. Whenever a consignee accepts a work of fine art for the purpose of sale or exhibition and sale to the public on a commission, fee or other basis of compensation, there shall be a written contract or agreement between the consignor and consignee which shall include but not be limited to the following provisions: (a) That the proceeds of the sale of the work of fine art shall be delivered to the consignor at a schedule agreed upon by the consignor and consignee; (b) that the consignee shall be responsible for the stated value of the work of fine art in the event of the loss of or damage to such work of fine art while it is in the possession of such consignee; (c) that the work of fine art shall only be sold by the consignee for an amount at least equal to the amount agreed upon by the consignor in writing; (d) that the work of fine art may be used or displayed by the consignee or others only with prior written consent of the consignor and only if the artist is acknowledged in such use or display.

      (P.A. 78-254, S. 3.)

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      Secs. 42-116n and 42-116o. Reserved for future use.

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