Oregon Statutes - Chapter 359 - Art and Culture

359.010 Definitions for ORS 359.010 to 359.137.
As used in ORS 359.010 to 359.137, unless the context requires otherwise: (1) �Administrator� means the Administrator of the Arts Program of the Economic and...
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 Economic and Community Development Department. The commission shall consist of...
359.025 Commission duties; Trust for Cultural Development Account.
(1) The Oregon Arts Commission shall perform the following duties: (a) Serve as a body to advise governmental bodies and agencies and private persons on...
359.030 Objectives of Arts Program.
The objectives of the Arts Program of the Economic and Community Development Department are: (1) To complement, assist and strengthen existing or planned programs and...
359.040 Duties of Arts Program.
To carry out its objectives the Arts Program of the Economic and Community Development Department shall: (1) Develop programs and plans: (a) To encourage broad...
359.050 Powers of Arts Program.
(1) In performing its duties, the Arts Program of the Economic and Community Development Department, within the limits of available funds, may: (a) Conduct hearings...
359.060 [1967 c.321 §4; repealed by 1993 c.209 §22]
359.065 Arts Program established.
(1) The Arts Program is established as an administrative section within the Economic and Community Development Department. The program is subject to the supervision of...
359.070 [1967 c.321 §5; repealed by 1993 c.209 §22]
359.080 [1967 c.321 §6; repealed by 1993 c.209 §22]
359.090 [1967 c.321 §13; repealed by 1975 c.605 §33]
359.095 [1975 c.53 §4; repealed by 1979 c.729 §3]
359.100 Grants and services from public and private sources.
(1) The Arts Program of the Economic and Community Development Department shall prepare and study plans for participation of public agencies and associations in federal...
359.110 Gifts; Arts Program as custodian.
(1) The Arts Program of the Economic and Community Development Department may solicit and accept gifts, bequests or devises of money, securities or other property...
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...
359.130 Powers not granted or transferred.
(1) The Arts Program of the Economic and Community Development Department shall not direct, supervise or control the policy, programs, personnel, curriculum or administration of...
359.135 Administrator; appointment; salary; duties.
(1) The Director of the Economic and Community Development Department, upon consultation with and the approval of the Oregon Arts Commission, shall appoint an administrator...
359.137 Staff.
The Arts Program of the Economic and Community Development Department shall employ, in accordance with the State Personnel Relations Law, the staff necessary to allow...
359.140 [1981 c.411 §3; 1987 c.758 §3; 1989 c.987 §20; repealed by 1993 c.209 §23]
359.142 Rules.
The Director of the Economic and Community Development Department, in accordance with ORS chapter 183, may adopt such rules for the operation of the Arts...
359.150 [1981 c.411 §4; 1993 c.209 §15; repealed by 1993 c.209 §23]
359.200 Definitions for ORS 359.200 to 359.255.
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...
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 an artist delivers or causes to be delivered a work of...
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: (a) The consignee, after the delivery of fine art, shall be considered...
359.215 Consignment does not create rights in art dealer greater than those of artist.
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...
359.220 Artist and art dealer to execute consignment contract; contents; consent to display.
(1) An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who...
359.225 Payment of sale proceeds of consigned work; funds due artist not subject to claims of dealer�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...
359.230 Contract provision waiving protections for artist is void.
Any provision of a contract or agreement whereby the consignor waives any of the provisions of ORS 359.200 to 359.255 is void. [1981 c.410 §7]
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,...
359.240 Art dealer prohibited from diverting sale proceeds; penalty.
It shall be unlawful for a consignee willfully and knowingly to secrete, withhold or appropriate a work of fine art or the proceeds from sale...
359.250 Liability of art dealer for violation of ORS 359.220.
(1) An art dealer violating ORS 359.220 is liable to the artist for $100 plus actual damages, including incidental damages sustained as a result of...
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...
359.300 Definitions for ORS 359.300 to 359.315.
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...
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...
359.310 Contents of disclosure statement.
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...
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...
359.350 Definitions for ORS 359.350 to 359.365.
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,...
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...
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...
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...
359.400 Definitions for ORS 359.400 to 359.444.
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...
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. Interest earned by the Trust...
359.410 Board established; membership; chairperson.
(1) There is established a Trust for Cultural Development Board consisting of seven members appointed by the Governor. The membership of the board shall reflect...
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. (2) The board shall...
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...
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...
359.426 Percentage that may be disbursed; allowable uses.
(1) Under the direction of the Trust for Cultural Development Board, the Arts Program shall disburse each fiscal year up to 42 percent of the...
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...
359.436 Community Cultural Participation Grant Program; local cultural plans.
(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...
359.441 Core partner agencies disbursement.
(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...
359.444 Allowable uses of funds by core partner agencies.
(1) A core partner agency may use funds received under ORS 359.426 (3)(c) to: (a) Carry out the mission and mandate of the agency; (b)...

Last modified: August 7, 2008