Art delivered to art dealer for sale or exhibition deemed consignment, when, exception
When an artist gives their artwork to an art dealer to sell or display, that arrangement is treated as a consignment — meaning the artist still owns the work until it sells. The only exception is if the dealer already paid the artist the full price upfront. If it is a consignment, there must be a written contract that covers four things: when the dealer pays the artist after a sale, who is responsible if the art is lost or damaged, the minimum price the art can be sold for, and that the dealer needs the artist's written permission before showing or using the art.
407.902. Art delivered to for sale or , when, — written contract required, contents. — 1. any custom, practice, or to the contrary, whenever an artist , or causes to be delivered, a of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a , fee, or other basis of , the to and acceptance of such work of fine art by the art dealer from the artist shall constitute a consignment unless the delivery to the art dealer is an outright sale for which the artist has received or receives, either prior to or upon delivery, full compensation for the work of fine art.
2. Whenever a accepts a work of fine art from an artist for the purpose of sale or exhibition and sale to the public on a commission, fee, or other basis of compensation, there shall be a written contract or agreement between the artist who is the and consignee which shall include, but need not be limited to, that:
(1) The of the sale of the work of fine art shall be delivered to the artist who is the consignor at a agreed upon by the artist who is the consignor and consignee;
(2) The consignee shall be responsible for the stated value of the work of fine art in the event of the loss of or damage to such work of fine art while it is in the possession of such consignee;
(3) The work of fine art shall only be sold by the consignee for an amount at least equal to the amount agreed upon by the artist who is the consignor in writing;
(4) The work of fine art may be used or displayed by the consignee or others only with prior written of the artist who is the consignor.
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Source & history notes
(L. 1984 S.B. 688 § 2)
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