2007 Oregon Code - Chapter 359 :: Chapter 359 - Art and Culture
Chapter 359 —
Art and Culture
2007 EDITION
ART AND CULTURE
EDUCATION AND CULTURE
ARTS COMMISSION; ARTS PROGRAM
359.010Â Â Â Â Definitions
for ORS 359.010 to 359.137
359.020Â Â Â Â Oregon
Arts Commission; members; term; qualifications; vacancy; term limit; officers;
quorum; compensation and expenses
359.025Â Â Â Â Commission
duties; Trust for Cultural Development Account
359.030Â Â Â Â Objectives
of Arts Program
359.040Â Â Â Â Duties
of Arts Program
359.050Â Â Â Â Powers
of Arts Program
359.065Â Â Â Â Arts
Program established
359.100Â Â Â Â Grants
and services from public and private sources
359.110Â Â Â Â Gifts;
Arts Program as custodian
359.120Â Â Â Â Arts
Trust Account
359.130Â Â Â Â Powers
not granted or transferred
359.135Â Â Â Â Administrator;
appointment; salary; duties
359.137Â Â Â Â Staff
359.142Â Â Â Â Rules
ART TRANSACTIONS
(Consignments)
359.200Â Â Â Â Definitions
for ORS 359.200 to 359.255
359.205Â Â Â Â Delivery
of art work to dealer as consignment; exception for direct sale work as trust
property
359.210Â Â Â Â Effect
of treating art work delivery as consignment; name of purchaser to be supplied
on demand; remedy
359.215Â Â Â Â Consignment
does not create rights in art dealer greater than those of artist
359.220Â Â Â Â Artist
and art dealer to execute consignment contract; contents; consent to display
359.225Â Â Â Â Payment
of sale proceeds of consigned work; funds due artist not subject to claims of
dealerÂ’s creditors
359.230Â Â Â Â Contract
provision waiving protections for artist is void
359.235Â Â Â Â ORS
359.200 to 359.240 not to affect prior transactions; effect of Uniform
Commercial Code
359.240Â Â Â Â Art
dealer prohibited from diverting sale proceeds; penalty
359.250Â Â Â Â Liability
of art dealer for violation of ORS 359.220
359.255Â Â Â Â Attorney
fees
(Fine Print Disclosure Statements)
359.300Â Â Â Â Definitions
for ORS 359.300 to 359.315
359.305Â Â Â Â Disclosure
statements required; disclaimer; exception for reproduction
359.310Â Â Â Â Contents
of disclosure statement
359.315Â Â Â Â Liability
for failure to disclose; treble damages
(Art Work Reproduction Rights)
359.350Â Â Â Â Definitions
for ORS 359.350 to 359.365
359.355Â Â Â Â Art
work reproduction rights retained by artist unless expressly transferred;
effect of federal copyright laws
359.360Â Â Â Â Ownership
of physical work of art remains with artist unless expressly transferred
359.365Â Â Â Â Ambiguity
in agreement transferring right to reproduce art work resolved in favor of
artist
TRUST FOR CULTURAL DEVELOPMENT
(Generally)
359.400Â Â Â Â Definitions
for ORS 359.400 to 359.444
359.405Â Â Â Â Trust
for Cultural Development Account
(Trust for Cultural Development Board)
359.410Â Â Â Â Board
established; membership; chairperson
359.413Â Â Â Â Board
quorum; meetings
359.416Â Â Â Â Board
duties; rules
359.421Â Â Â Â Board
staff; staff duties
(Disbursement of Trust Account)
359.426Â Â Â Â Percentage
that may be disbursed; allowable uses
359.431Â Â Â Â Cultural
Development Grant Program; grant uses; priorities; matching funds
359.436Â Â Â Â Community
Cultural Participation Grant Program; local cultural plans
359.441Â Â Â Â Core
partner agencies disbursement
359.444Â Â Â Â Allowable
uses of funds by core partner agencies
ARTS COMMISSION; ARTS PROGRAM
     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 Community Development
Department.
     (2) “Arts” includes, but is not limited
to, instrumental and vocal music; dance, drama, folk art, creative writing and
poetry; architecture and landscaping design and the fields allied to them;
painting, sculpture, photography; graphic and craft arts; industrial design;
costume and fashion design; motion pictures, television, radio; tape and sound
recording; the history, criticism, theory and practice of the arts; and the
arts related to the presentation, performance, execution and exhibition of such
art forms.
     (3) “Association” means a nonprofit, private,
incorporated or unincorporated institution, foundation, museum, organization,
society or group, whether local, state, regional or national, that is
operating, or doing business, in Oregon.
     (4) “Commission” means the Oregon Arts
Commission.
     (5) “Department” means the Economic and
Community Development Department.
     (6) “Director” means the Director of the
Economic and Community Development Department.
     (7) “Program” means the Arts Program of
the Economic and Community Development Department.
     (8) “Local agencies” includes cities,
counties and other public corporations and their officers, boards and
commissions.
     (9) “Public agencies” means state agencies
and local agencies.
     (10) “Private corporation” means a
corporation organized for profit and authorized to do business in this state.
     (11) “State agencies” includes state
officers, departments, boards and commissions. [1967 c.321 §1; 1993 c.209 §5]
     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 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.
     (2) Persons appointed members of the
commission shall be citizens of Oregon well qualified by experience to make
policy and recommendations in areas of concern to the Arts Program of the
Economic and Community Development Department and otherwise to perform the
duties of the office.
     (3) In case of a vacancy on the commission
for any cause, the Governor shall appoint a successor to serve for the
unexpired term.
     (4) A member of the commission may be
appointed to serve two consecutive terms. A member who serves two consecutive
terms shall not be eligible for reappointment within one year following the
expiration of the second term.
     (5) A member of the commission is entitled
to compensation and expenses as provided in ORS 292.495.
     (6) The commission shall select one of its
members to chair the commission for such term and with duties and powers
necessary to perform the functions of the office as the commission determines.
     (7) A majority of the members of the
commission constitutes a quorum for the transaction of business. [1967 c.321 §2;
1969 c.314 §28; 1979 c.729 §1; 1985 c.491 §1; 1993 c.209 §6]
     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 the development and implementation
of state policies and programs relating to the arts, heritage, historic preservation,
humanities and culture, and to assist in the coordination of these activities.
     (b) Advise the Governor, the Director of
the Economic and Community Development Department and the Oregon Economic and
Community Development Commission on all matters relating to the arts that
pertain to the powers, duties and functions of the Arts Program of the Economic
and Community Development Department.
     (c) Develop a recommended biennial budget
for the operation of the Arts Program that will be submitted to the director
and the Governor.
     (d) Seek and receive the views of all
levels of government and the private sector with respect to state programs and
policies for the promotion and assistance of the arts.
     (e) Prepare and submit suggested
administrative rules to the director that the Oregon Arts Commission determines
are necessary for the operation of the programs of the Arts Program.
     (f) Establish policy and procedures for
grant programs administered by the Arts Program.
     (2)(a) In addition to the duties imposed
by subsection (1) of this section, the Oregon Arts Commission shall establish
policies and provide management and operational staff support for the Trust for
Cultural Development Board.
     (b) Notwithstanding paragraph (a) of this
subsection, the Trust for Cultural Development Board shall make any decisions
relating to the investment and disbursement of moneys in the Trust for Cultural
Development Account. [1993 c.209 §7; 1995 c.79 §200; 2003 c.713 §1]
     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 activities of public and private associations
in the arts to promote the broadest public benefit, while maintaining high
artistic and scholarly standards.
     (2) To encourage and give greater
opportunities and recognition to individual
     (3) To stimulate and encourage private and
local initiative and financial support in connection with programs and
activities in the arts. [1967 c.321 §7; 1993 c.209 §8]
     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 public
participation in, and understanding of, programs in the arts.
     (b) To encourage public interest in
conserving and understanding the cultural and artistic heritage of the state
and of its people.
     (c) To encourage increased recognition of
the contributions of the arts to the richness of community life and to the
development of the individual.
     (d) To assist communities within the state
in establishing or conserving local cultural, historical and artistic programs.
     (e) To stimulate and encourage throughout
the state the presentation, enjoyment and study of the arts among the youth and
elderly people.
     (f) To encourage and facilitate, where
feasible, wider circulation throughout the state of noteworthy programs,
productions, exhibitions and performances which demonstrate the artistic and
cultural resources and accomplishments of the people of
     (g) To encourage and facilitate, where
feasible, programs, productions, exhibitions and performances in Oregon of
outstanding works of art and artistic talent in the fields of the arts, which
may be brought from outside the state.
     (2) Develop, maintain and make available
to the public, information concerning:
     (a) The cultural and artistic resources
and activities within the state.
     (b) The organizations and groups
conducting, supporting or fostering programs and activities involving the
employment, conservation and presentation of such resources.
     (3) Advise and assist upon request and
within the limits of the funds available:
     (a) The Governor and other state officers,
public agencies, the legislature, communities of the state and the public
concerning the development, housing, presentation and conservation of the
artistic and cultural resources within the state.
     (b) State agencies concerning the
acceptance and disposition of gifts of art to the state.
     (4) Develop an honors program in the arts,
which includes the means for recognizing distinguished artists and other
     (5) Manage the Trust for Cultural
Development Account established by ORS 359.405. [1967 c.321 §8; 1993 c.209 §9;
2003 c.713 §2]
     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 and conferences to
develop facts, to explain programs and activities, and to obtain advice.
     (b) Enter into agreements with other
public agencies and with associations and individuals for services that will
assist the Oregon Arts Commission or the Trust for Cultural Development Board.
     (c) Enter into agreements with other
public agencies of
     (d) Make grants to local agencies, to
associations or to individuals for the development and conservation of programs
in the arts, such grants to be made in accordance with policies and procedures
adopted by the commission.
     (2) In carrying out the purposes of ORS
359.010 to 359.137, the Arts Program, in addition to the other powers granted:
     (a) Shall as needed appoint committees,
consultants, artists and other persons expert in subjects of concern to the
program to advise and assist the commission.
     (b) May obtain from any state agency
necessary assistance and data.
     (c) May perform other acts necessary to
carry out its duties. [1967 c.321 §9; 1993 c.209 §10; 2003 c.713 §3]
     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 the Administrator of the Arts Program. The program shall consist
of the administrator and all personnel employed in the program.
     (2) The program shall provide the Oregon
Arts Commission with staff and other assistance as necessary for the commission
to perform its duties. [1993 c.209 §1; 1993 c.736 §76]
     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 government
programs for the support and encouragement of the arts.
     (2) The program may apply for and accept
grants or services from the federal government or any of its agencies, from
associations, individuals and private corporations to carry out the purposes of
ORS 359.010 to 359.137.
     (3) Grants or services from individuals,
associations or private corporations shall not be accepted if restricted to a
use which would be contrary to the laws of this state. [1967 c.321 §10; 1993
c.209 §11]
     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 of whatever character to carry out the purposes of
ORS 359.010 to 359.137. A restricted gift, bequest or devise shall not be accepted
if such restriction would be contrary to the laws of this state.
     (2) The program shall be the custodian of
any securities or other property accepted as a gift, bequest or devise. The
program shall hold such property as trustee for the state and shall conserve
and administer such property to carry out the purposes of ORS 359.010 to
359.137. Except as prohibited by law or restricted by the terms of the gift,
bequest or devise, the program may sell or exchange any property accepted as a
gift, bequest or devise as it may from time to time determine. The income from
such money, securities or other property shall be credited to the Arts Trust
Account established by ORS 359.120. [1967 c.321 §11; 1993 c.209 §12]
     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 Economic and Community 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 Economic and Community 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]
     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 any public or private agency,
school, association or entity having to do with the arts.
     (2) Nothing in ORS 359.010 to 359.137 is
intended to transfer from any other state agency to the program any duty or
power granted by statute to such other state agency prior to July 1, 1967. [1967
c.321 §14; 1993 c.209 §14]
     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 of the Arts Program who shall serve at the pleasure of
the director.
     (2) The administrator shall receive such
salary as may be provided by law or as fixed by the director.
     (3) The administrator shall be the
administrative head of the program.
     (4) The administrator may suggest rules to
the director for the government of the program, the conduct of its employees
and the assignment and performance of its business and the custody, use and
preservation of its records, papers and property. [1993 c.209 §2]
     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 the
program to carry out the provisions of ORS 359.010 to 359.137. [1993 c.209 §3]
     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 Program as the director
determines necessary or convenient for the program to perform its duties and
functions. [1993 c.209 §4]
     359.150 [1981 c.411 §4; 1993 c.209 §15; repealed by
1993 c.209 §23]
ART
TRANSACTIONS
(Consignments)
     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 to sell a work of fine art created by another.
     (2) “Artist” means the creator of a work
of fine art or, if the artist is deceased, the artistÂ’s personal
representative, heirs or legatees.
     (3) “Consignee” means an art dealer who
receives and accepts a work of fine art from a consignor for the purpose of
sale or exhibition, or both, to the public on a commission or fee or other basis
of compensation.
     (4) “Consignment” means delivery of a work
of fine art to an art dealer for the purpose of sale or exhibition, or both, to
the public by the art dealer at other than a public auction.
     (5) “Consignor” means an artist or any
person who delivers a work of fine art to an art dealer for the purpose of sale
or exhibition, or both, to the public on a commission or fee or other basis of
compensation.
     (6) “Fine art” means:
     (a) An original work of visual art such as
a painting, sculpture, drawing, mosaic or photograph;
     (b) A work of calligraphy;
     (c) A work of original graphic art such as
an etching, lithograph, offset print, silk screen or other work of similar
nature;
     (d) A craft work in materials including
but not limited to clay, textile, fiber, wood, metal, plastic, glass or similar
materials; or
     (e) A work in mixed media such as a
collage or any combination of the art media described in this subsection. [1981
c.410 §1; 1985 c.830 §1]
     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 the artistÂ’s
own creation 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 thereof by the art dealer constitutes a consignment
unless the delivery to the art dealer is pursuant to an outright sale for which
the artist receives or has received compensation for the work of fine art upon
delivery.
     (2) A work of fine art is trust property
in the hands of the art dealer, who is trustee for the benefit of the artist
until the work of fine art is sold to a bona fide third party.
     (3) The proceeds of the sale of a work of
fine art are trust property in the hands of the art dealer who is trustee for
the benefit of the artist until the amount due the artist from the sale is
paid. Nothing in this subsection requires a separate trust account for each
artist.
     (4) A work of fine art that is trust
property when initially accepted by the art dealer remains trust property
notwithstanding the subsequent purchase of the work of fine art by the art
dealer directly or indirectly for the art dealerÂ’s own account, until the
purchase price is paid in full to the artist.
     (5) The trust relationship described in
this section imposes no duty greater than the duties described in ORS 359.200
to 359.210, 359.220, 359.225, 359.250 and 359.255 and does not give rise to any
general trust or fiduciary relationship. [1981 c.410 §2; 1985 c.830 §2]
     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 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 consigneeÂ’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 artistÂ’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 artistÂ’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 consignorÂ’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 artistÂ’s portion of the
retail value of the work. [1981 c.410 §3; 1985 c.830 §3; 1991 c.249 §28]
     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 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]
     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 created the work of fine art only if
prior to or at the time of acceptance the art dealer enters into a written
contract with the artist establishing:
     (a) The retail value of the work of fine
art;
     (b) The time within which the proceeds of
the sale are to be paid to the artist, if the work of fine art is sold;
     (c) The minimum price for the sale of the
work of fine art; and
     (d) The fee, commission or other
compensation basis of the art dealer.
     (2) An art dealer who accepts a work of
fine art on a fee, commission or other compensation basis on consignment from
the artist may use or display the work of fine art or a photograph of the work
of fine art or permit the use or display of work or photograph only if:
     (a) The art dealer gives notice to users
or viewers that the work of fine art is the work of the artist; and
     (b) The artist gives prior written consent
to the particular use or display. [1981 c.410 §5; 1985 c.830 §4]
     359.225
Payment of sale proceeds of consigned work; funds due artist not subject to
claims of dealerÂ’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 artistÂ’s
portion of funds received on the sale of the work of fine art or on installment
shall not be subject to the claims of a creditor of the consignee. [1981 c.410 §6;
1985 c.830 §5]
     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, unless the parties agree by
mutual written consent that ORS 359.200 to 359.255 shall apply or the contract
is extended or renewed after November 1, 1981.
     (2) ORS 359.200 to 359.255 is applicable
notwithstanding the absence of, or conflict with, any written agreement,
receipt, note or memorandum entered into on or after November 1, 1981, between
the consignor and the consignee concerning any matter covered by ORS 359.200 to
359.255. ORS 359.200 to 359.255 controls over any conflicting provisions of the
Uniform Commercial Code. [1981 c.410 §§8,10]
     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 thereof for the consigneeÂ’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. Violation of this section
is a Class C felony. [1981 c.410 §9]
     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 the violation.
     (2) If an art dealer violates ORS 359.220,
the artistÂ’s obligation for compensation to the art dealer is voidable by the
artist. [1985 c.830 §7]
     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]
(Fine Print
Disclosure Statements)
     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 which
served as a model for, the print.
     (2) “Fine print” includes, but is not
limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph.
     (3) “Impression” means the printed image
on suitable material whether paper or any other substance, made off the plate
by printing, stamping, casting or any other process commonly used in the
graphic arts.
     (4) “Plate” means the plate, stone, block
or other material used for the purpose of creating the print from which the
impression or impressions were taken.
     (5) A fine print is “signed” if the artist
autographs the finished print, irrespective of whether it was signed or
unsigned in the plate.
     (6) “Reproduction” means a copy of a fine
print, but not a unique print made from the original plate. [1981 c.726 §1]
     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.
     (2) If the seller disclaims knowledge as
to any applicable item of information set forth in ORS 359.310, the seller
shall so state specifically and categorically with regard to each such item.
     (3) If the seller describes a fine print
as a reproduction, the seller need not furnish any further information. [1981
c.726 §2]
     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 printed.
     (2) Exclusive of trial proofs, whether the
edition is being offered as a limited edition, and, if so:
     (a) The authorized maximum number of
signed or numbered impressions, or both, in the edition;
     (b) The authorized maximum number of
unsigned or unnumbered impressions, or both, in the edition;
     (c) The authorized maximum number of
artistÂ’s, publisherÂ’s, printerÂ’s or other proofs, if any, outside of the
regular edition; and
     (d) The total size of the edition.
     (3) Whether the plate has been destroyed,
effaced, altered, defaced or canceled after the current edition.
     (4) If there were any prior states of the
same impression, the total number of states and a designation of the state to
which the subject print relates.
     (5) If there were any prior or later
editions from the same plate, the series number of the subject edition and the
total size of all other editions.
     (6) Whether the edition is a posthumous
edition or restrike and, if so, whether the plate has been reworked.
     (7) The name of the workshop, if any,
where the edition was printed. [1981 c.726 §3]
     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.
     (2) In any case in which a person
willfully offers or sells a fine print in violation of ORS 359.300 to 359.315,
the person purchasing the fine print may recover from the person who offers or
sells the fine print an amount equal to three times the amount required under
subsection (1) of this section. [1981 c.726 §5]
(Art Work
Reproduction Rights)
     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, drawing, photograph, craft work, fiber art or work of graphic art.
     (3) “Fine print” includes, but is not
limited to, an engraving, etching, woodcut, lithograph, monoprint or serigraph,
but does not include industrial designs.
     (4) “Industrial design” means the
aesthetic appearance of an article used in commerce.
     (5) “Work of fine art” means any work of
visual or graphic art of any media including, but not limited to, painting,
fine print, drawing, sculpture, craft, photography or film. [1981 c.824 §1]
     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.
     (2) Nothing contained in this section is
intended to prohibit the fair use, as defined in the federal copyright law (17
U.S.C. 107), of such work of fine art. [1981 c.824 §2]
     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]
     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]
TRUST FOR
CULTURAL DEVELOPMENT
(Generally)
     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 the
Oregon Arts Commission, the Oregon Council for the Humanities, the Oregon
Heritage Commission, the Oregon Historical Society and the State Historic
Preservation Officer.
     (3) “Cultural Development Grant Program”
means the program created by ORS 359.431.
     (4) “Cultural organization” means:
     (a) An entity that is:
     (A) Exempt from federal income tax under
section 501(c)(3) of the Internal Revenue Code; and
     (B) Organized primarily for the purpose of
producing, promoting or presenting the arts, heritage and humanities to the
public or organized primarily for identifying, documenting, interpreting and
preserving cultural resources.
     (b) A federally recognized Indian tribe.
     (5) “Trust for Cultural Development
Account” means the account established by ORS 359.405. [2001 c.954 §3; 2003
c.713 §5]
     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 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.
     (2) All moneys in the Trust for Cultural
Development Account are appropriated continuously to the Economic and Community
Development Department for the Arts Program for the purposes of ORS 359.400 to
359.444. [Formerly 285A.216; 2003 c.713 §7]
(Trust for
Cultural Development Board)
     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 the geographical and cultural diversity of this state. Each
member shall have a background that demonstrates a commitment to
     (2) The Speaker of the House of
Representatives and the President of the Senate shall each appoint a member of
the Legislative Assembly who shall be a nonvoting advisory member of the board.
     (3) The term of office of each appointed
member is four years, but a member serves at the pleasure of the appointing
authority. Before the expiration of the term of a member, the appointing
authority shall appoint a successor whose term begins on November 1 next
following. A member is eligible for reappointment. If there is a vacancy for
any cause, the appointing authority shall make an appointment to become
immediately effective for the unexpired term.
     (4) The appointment of board members by
the Governor is subject to confirmation by the Senate in the manner prescribed
in ORS 171.562 and 171.565.
     (5) A member of the board is entitled to
compensation and expenses as provided in ORS 292.495.
     (6) The board shall elect one of its
voting members as chairperson and another as vice chairperson, for the terms
and with the duties and powers necessary for the performance of the functions
of such offices as the board determines. [2001 c.954 §4; 2003 c.713 §8]
     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 meet at least once
every three months at a place, day and hour determined by the chairperson. The
board also shall meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board.
     (3) The chairperson shall invite
representatives of the core partner agencies to all meetings of the board. [2001
c.954 §6]
     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.
     (2) In accordance with applicable
provisions of ORS chapter 183, the board may adopt rules necessary for the
administration of ORS 359.400 to 359.444. [2001 c.954 §7; 2003 c.713 §9]
     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:
     (1) Coordinate grant management;
     (2) Provide Trust for Cultural Development
Account management and accounting;
     (3) Work with cultural agencies and their
constituents to communicate with and educate the public on the role culture
plays in the lives of citizens and communities; and
     (4) Evaluate the Cultural Development
Grant Program, the Community Cultural Participation Grant Program and the use
of funds received under section 13, chapter 954, Oregon Laws 2001, by core partner
agencies. [2001 c.954 §8; 2003 c.713 §10]
(Disbursement
of Trust Account)
     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 amount in the Trust for Cultural Development Account on
July 1.
     (2) The Arts Program may use up to 7.5
percent of any amount disbursed from the account under subsection (1) of this
section for:
     (a) Supporting the operations of the
account;
     (b) Facilitating technical assistance;
     (c) Local cultural planning; and
     (d) Other activities that encourage
cultural activity.
     (3) At least 92.5 percent of any amount
disbursed from the account under subsection (1) of this section shall be distributed
as follows:
     (a) One-third to the preservation of,
stabilization of and investment in
     (b) One-third to
     (c) One-third to the core partner agencies
as provided under ORS 359.441. [2001 c.954 §9; 2003 c.713 §11]
     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
     (2) The grants may be used:
     (a) To address significant opportunities
to advance, preserve or stabilize cultural resources; and
     (b) To invest in the development of new
cultural resources.
     (3) The Trust for Cultural Development
Board shall give priority when awarding grants to:
     (a) Proposals that have a broad cultural
impact beyond the applicant itself.
     (b) Proposals from applicants that have
culture as a priority within the mission of the applicant.
     (4) Applicants that receive a grant under
this section shall be required to match the grant amount in an amount as
determined by the board. [2001 c.954 §10; 2003 c.713 §12]
     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 Trust for Cultural Development Board. The
purpose of the program is to provide funds to counties and federally recognized
Indian tribes for local cultural activities. The Arts Program under the
direction of the board shall make Community Cultural Participation Grants to
counties and tribes.
     (2) The board shall develop guidelines for
local cultural plans.
     (3) A local cultural plan shall:
     (a) Identify priorities and specific
strategies for building public cultural participation across cultural
disciplines and organizations. The strategies may include the involvement of
partners outside of the cultural sector such as business organizations, schools
and health and human services organizations.
     (b) Identify annual benchmarks to
determine the impact of grant funds.
     (c) Specify local leadership and
governance for grant fund management and for ongoing planning and development
of benchmarks.
     (4) Local cultural plans shall be broadly
disseminated within each county or tribe. The local cultural plans shall be
used to encourage planning and collaboration among cultural entities.
     (5) The Administrator of the Arts Program
shall provide technical assistance to counties and tribes to support local
cultural planning. [2001 c.954 §11; 2003 c.713 §13]
     Note: Section 13, chapter 954, Oregon Laws 2001,
provides:
     Sec.
13. (1) For the fiscal years
beginning July 1, 2003, through July 1, 2011, the Arts Program, under the
direction of the Trust for Cultural Development Board, shall make Community
Cultural Participation Grants under ORS 359.436 to counties and federally
recognized Indian tribes to support cultural activities identified in the local
cultural plans. Grant funds received by a county or tribe shall be distributed
locally as specified in the local cultural plan.
     (2) A portion of the grant funds received
each fiscal year by a county or tribe may be used for costs associated with
grant management, community technical assistance and accounting.
     (3) For the fiscal year beginning July 1,
2007, a portion of each grant awarded to a county or tribe may be used:
     (a) For revising local cultural plans;
     (b) To articulate updated priorities in
the local cultural plan; and
     (c) For strategies to continue deepening
and expanding participation in all facets of culture.
     (4) The Trust for Cultural Development
Board shall allocate grant amounts for counties and tribes using a base amount,
plus a per capita amount for each county or tribe. [2001 c.954 §13; 2003 c.713 §14]
     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 Account under ORS 359.426 (3)(c) to the core partner
agencies as follows:
     (a) The Arts Program shall allocate 20
percent of the amount disbursed under ORS 359.426 (3)(c) for joint efforts by
the core partner agencies in fostering cooperative cultural projects, including
but not limited to cultural education, cultural tourism and other cultural
activities.
     (b) The Arts Program shall allocate 80
percent of the amount disbursed under ORS 359.426 (3)(c) to the core partner
agencies for the purposes described in ORS 359.444. The Trust for Cultural
Development Board shall determine the amount or percent of available funds that
each core partner agency shall receive under this paragraph.
     (2) The core partner agencies are not
eligible to apply for grants from the Community Cultural Participation Grant
Program or the Cultural Development Grant Program. [2001 c.954 §14; 2003 c.713 §15]
     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) Serve more grantees; and
     (c) Encourage new cultural undertakings.
     (2) Each core partner agency shall expend
a portion of the amount received under ORS 359.426 (3)(c) as determined by the
Trust for Cultural Development Board each fiscal year to fund development of
qualitative benchmarks and culture within Oregon. The evaluation of benchmarks
may be done in partnership with one or more higher education institutions in
_______________
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