Chapter 359 — Chapter 359

ORS 359.010 Definitions for ORS 359.010 to 359.142. As used in ORS 359.010 to 359.142, unless the context requires otherwise

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ORS 359.020 Oregon Arts Commission; members; term; qualifications; vacancy; term limit; officers; quorum; compensation and expenses. (1) 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

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ORS 359.025 Commission duties. (1) The Oregon Arts Commission shall perform the following duties

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ORS 359.030 Objectives of Arts Program. The objectives of the Arts Program of the Oregon Business Development Department are

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ORS 359.040 Duties of Arts Program. To carry out its objectives the Arts Program of the Oregon Business Development Department shall

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ORS 359.050 Powers of Arts Program. (1) In performing its duties, the Arts Program of the Oregon Business Development Department, within the limits of available funds, may

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ORS 359.060 [1967 c.321 §4; repealed by 1993 c.209 §22]

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ORS 359.065 Arts Program established. (1) 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

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ORS 359.070 [1967 c.321 §5; repealed by 1993 c.209 §22]

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ORS 359.080 [1967 c.321 §6; repealed by 1993 c.209 §22]

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ORS 359.090 [1967 c.321 §13; repealed by 1975 c.605 §33]

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ORS 359.095 [1975 c.53 §4; repealed by 1979 c.729 §3]

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ORS 359.100 Grants and services from public and private sources. (1) 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

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ORS 359.110 Gifts; Arts Program as custodian. (1) 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

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ORS 359.120 Arts Trust Account. 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 State Treasury and credited to the Arts Trust Account. All moneys in the Arts Trust Account are continuously appropriated to the Oregon Business Development Department and shall be used by the program in carrying out the purposes for which the funds were received. [1967 c.321 §12; 1993 c.209 §13; 2003 c.81 §11; 2003 c.713 §4; 2005 c.22 §258]

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ORS 359.130 Powers not granted or transferred. (1) 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

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ORS 359.135 Administrator; appointment; salary; duties. (1) 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

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ORS 359.137 Staff. 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. [1993 c.209 §3]

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ORS 359.140 [1981 c.411 §3; 1987 c.758 §3; 1989 c.987 §20; repealed by 1993 c.209 §23]

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ORS 359.142 Rules. 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. [1993 c.209 §4]

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ORS 359.150 [1981 c.411 §4; 1993 c.209 §15; repealed by 1993 c.209 §23]

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ORS 359.200 Definitions for ORS 359.200 to 359.255. As used in ORS 359.200 to 359.255

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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

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ORS 359.210 Effect of treating art work delivery as consignment; name of purchaser to be supplied on demand; remedy. (1) A consignment of a work of fine art has the following effect

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ORS 359.215 Consignment does not create rights in consignee greater than those of consignor. 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. [1981 c.410 §4]

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ORS 359.220 Consignment contract requirements. 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

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ORS 359.225 Payment of sale proceeds of consigned work; consignor’s portion of funds not subject to claims of consignee’s creditors. 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, unless the consignor expressly agrees in writing that the proceeds on each installment shall be paid according to the percentage established by the consignment agreement. The consignor’s portion of funds received on the sale of the work of fine art or on installment are not subject to the claims of a creditor of the consignee. [1981 c.410 §6; 1985 c.830 §5; 2011 c.230 §4]

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ORS 359.230 Contract provision waiving protections for consignor is void. 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. [1981 c.410 §7; 2011 c.230 §5]

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ORS 359.235 ORS 359.200 to 359.240 not to affect prior transactions; effect of Uniform Commercial Code. (1) 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

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ORS 359.240 Secreting, withholding or appropriating art work or sale proceeds; penalty. (1) 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

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ORS 359.250 Liability of art dealer for violation of ORS 359.220. (1) 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

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ORS 359.255 Attorney fees. 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. [1985 c.830 §8]

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ORS 359.300 Definitions for ORS 359.300 to 359.315. As used in ORS 359.300 to 359.315

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ORS 359.305 Disclosure statements required; disclaimer; exception for reproduction. (1) 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

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ORS 359.310 Contents of disclosure statement. The following information about a fine print shall be furnished as provided in ORS 359.305

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ORS 359.315 Liability for failure to disclose; treble damages. (1) 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

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ORS 359.350 Definitions for ORS 359.350 to 359.365. As used in ORS 359.350 to 359.365

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ORS 359.355 Art work reproduction rights retained by artist unless expressly transferred; effect of federal copyright laws. (1) 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 instrument, note or memorandum in writing signed by the owner of the rights conveyed or the duly authorized agent thereof

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ORS 359.360 Ownership of physical work of art remains with artist unless expressly transferred. 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 or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum or other writing, signed by the artist, the owner or the duly authorized agent thereof. [1981 c.824 §3]

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ORS 359.365 Ambiguity in agreement transferring right to reproduce art work resolved in favor of artist. 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 in favor of the reservation of rights by the artist or owner unless in any given case the federal copyright law (17 U.S.C. 1 et seq.) provides to the contrary. [1981 c.824 §4]

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ORS 359.400 Definitions for ORS 359.400 to 359.444. As used in ORS 359.400 to 359.444

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ORS 359.405 Trust for Cultural Development Account. (1) 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 designated to fund specific arts, heritage and humanities programs

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ORS 359.407 Use of moneys transferred to trust for marketing and promotional costs. (1) 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

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ORS 359.410 Board established; membership; chairperson. (1) 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

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ORS 359.413 Board quorum; meetings. (1) A majority of the members of the Trust for Cultural Development Board constitutes a quorum for the transaction of business

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ORS 359.416 Board duties; rules. (1) 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 core partner agencies under ORS 359.441

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ORS 359.421 Board staff; staff duties. 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

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ORS 359.423 Board solicitation or acceptance of gifts, bequests, devises of money, securities or other property. (1)(a) 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

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ORS 359.426 Percentage that may be disbursed; allowable uses. (1) 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

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ORS 359.431 Cultural Development Grant Program; grant uses; priorities; matching funds. (1) 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 Cultural Development Board shall make Cultural Development Grants to cultural organizations through a request for proposal process

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