Title 30, Education and Culture

To carry out its objectives the Arts Program of the Oregon Business Development Department shall: (1) Develop programs and plans: (a) To encourage broad public participation in, and understanding of, programs in the arts. (b) To encourage public interest in conserving and underst…

(1) In performing its duties, the Arts Program of the Oregon Business Development Department, within the limits of available funds, may: (a) Conduct hearings and conferences to develop facts, to explain programs and activities, and to obtain advice. (b) Enter into agreements with…

(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…

(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. (2) The program may apply for and accept grants or …

(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…

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 Deve…

(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. (2) Nothing in ORS 35…

(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. (2) The administrator shall receive such sal…

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]

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]

As used in ORS 359.200 to 359.255: (1) “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. (2) “Artist” means the creator of a work of fine art or, if the a…

(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 compens…

(1) A consignment of a work of fine art has the following effect: (a) 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. (b) The work of fine art, or the consi…

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 an…

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: (1) The retail value of th…

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 installmen…

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]

(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) 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…

(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. (2) If an art dealer violates ORS 359.220, the consignor’s obligation for compensation to the art dealer is voi…

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] (Fine Print Disclosure Statements)

As used in ORS 359.300 to 359.315: (1) “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. (2) “Fine print” includes, but is not limited to, an engraving, etching, woodcut, lithograph, monopr…

(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…

The following information about a fine print shall be furnished as provided in ORS 359.305: (1) The name of the artist and the year when printed. (2) Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so: (a) The authorized maximum numbe…

(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. (2) In any…

As used in ORS 359.350 to 359.365: (1) “Artist” means the creator of a work of fine art. (2) “Fine art” means a painting, sculpture, drawing, photograph, craft work, fiber art or work of graphic art. (3) “Fine print” includes, but is not limited to, an engraving, etching, woodcut…

(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 …

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…

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 ambiguit…

As used in ORS 359.400 to 359.444: (1) “Community Cultural Participation Grant Program” means the program created by ORS 359.436. (2) “Core partner agencies” means the Oregon Arts Commission, the Oregon Council for the Humanities, the Oregon Heritage Commission, the Oregon Histor…

(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 purp…

(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. (2) Amounts used for marketing…

(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…

(1) A majority of the members of the Trust for Cultural Development Board constitutes a quorum for the transaction of business. (2) 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 tim…

(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 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: (1) Coordinate grant management; (2) Provide Trust for Cultural Development Account management and accounting;…

(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. (b) Notwithstanding paragraph (a) of this subsection, a restricted gift, beque…

(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 fis…

(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 Or…

(1) 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…

(1) 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: (a) The Arts Program shall allocate 20 pe…

(1) A core partner agency may use funds received under ORS 359.426 (2)(c) to: (a) Carry out the mission and mandate of the agency; (b) Serve more grantees; and (c) Encourage new cultural undertakings. (2) Each core partner agency shall expend a portion of the amount received unde…