When an artist gives their artwork to an art dealer to sell (called consignment), three things happen by law. First, the art dealer becomes the artist's agent, meaning they act on the artist's behalf to sell or show the artwork in Missouri. Second, the artwork is protected — it belongs to the artist and cannot be taken by people the art dealer owes money to. Third, when the artwork sells, the money is held for the artist and must be paid to the artist first, unless the artist agrees in writing to something different.
407.904. , effect. — A consignment of a shall result in all of the following:
(1) The , after receipt of the work of fine art, shall constitute an of the artist for the purpose of sale or of the consigned work of fine art within the state of Missouri;
(2) The work of fine art shall constitute property by the for the of the artist who is the and shall not be subject to by a of the consignee;
(3) The from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the artist who is the consignor, and such proceeds shall first be applied to pay any balance due to the artist who is the consignor, unless the artist who is the consignor expressly agrees otherwise in writing.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1984 S.B. 688 § 3)
Related Missouri laws
Art dealer is agent of artist
RSMo 407.905
Art delivered to art dealer for sale or exhibition deemed consignment, when, exception
RSMo 407.902
Waiver of proceeds in trust by artist, requirements
RSMo 407.907
Definitions
RSMo 407.900
Contracts, prior to August 13, 1984, not affected, exceptions
RSMo 407.908
Civil action for unlawful termination of contract, authorized
RSMo 407.898
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.