(1) A consignment of a work of fine art has the following effect:
(a) The consignee, after the delivery of fine art, shall be considered to be 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 artist’s portion of the proceeds from the sale of such work, shall not be subject to the claims of a creditor or consignee.
(c) A consignee is liable for the loss of or damage to the work of fine art while it is in the consignee’s possession where such loss or damage is caused by the failure of the consignee to use the highest degree of care. For the purpose of this subsection, the value of the work of fine art is the value established in a written agreement between the consignor and consignee prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the artist’s portion of the fair market value of the work of fine art.
(d) The consignee shall not be held liable for the loss of, or damage to the work of fine art if the artist fails to remove the work within a period of 30 days following the date agreed upon for removal of the work in the written contract between the artist and the consignee or, if no written agreement regarding a removal date exists, 30 days after notice to remove the work of fine art is sent by registered mail or by certified mail with return receipt to the artist at the artist’s last-known address.
(2) Upon written demand from the consignor, the consignee shall furnish the consignor with the name and address of the purchaser of the consignor’s work, and the date of purchase and the price paid for the work, for any sale totaling $100 or more.
(3) Failure to furnish the information specified under subsection (2) of this section by the consignor shall entitle the artist to obtain an injunction prohibiting such conduct and in addition, money damages in an amount equal to three times the artist’s portion of the retail value of the work. [1981 c.410 §3; 1985 c.830 §3; 1991 c.249 §28]
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