Source Article - Statutory Index Main Menu
Info
Map
New Jersey Artworks & Consignment
Selected Statutory Provisions

Title 12A: Commercial Transactions
Subtitle 1: Uniform Commercial Code; Chapter 2: Sales;
Subchatper 3: General Obligation & Construction of Contract

Artworks Consignment Act
§ 2-239: Short title
This act shall be known and may be cited as the "Artworks Consignment Act."
§ 2-330. Definitions
As used in this act:
(1) "Art dealer" means a person engaged in the business of selling crafts and works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.
(2) "Artist" means an individual who is the creator of a craft or work of fine art.
(3) "Commission" means a fee, compensation or percentage of the actual selling price of a craft or work of fine art, which has been agreed upon by the artist and an art dealer, and to which the art dealer is entitled after completion of the sale of the craft or work of fine art to a third party.
(4) "Consignee" means a person who accepts a craft or work of fine art delivered to the person on consignment.
(5) "Consignor" means a person who delivers, or causes the delivery, of a craft or work of fine art to an art dealer on consignment.
(6) "Craft" means an artistic rendition created using any medium, including, but not limited to, a collage and other works consisting of any combination of painting, drawing, sculpture, photography and manual creation in clay, textile, fiber, wood, metal, plastic, glass, stone, leather or similar materials.
(7) "Fine art" means an original work of visual or graphic art created using any medium, including but not limited to, a painting, drawing or sculpture.
(8) "On consignment" means delivered into the possession and control of a person in whom title to the delivered object does not vest but who, by agreement with the consignor, is authorized to convey the consignor's right, title and interest in the object to a third person.
§ 2-331. Terms of consignment
When an artist or an artist's representative delivers or causes the delivery of a craft or work of fine art to an art dealer to be sold by the art dealer for a commission, the transfer to and acceptance by the art dealer of the craft or work of fine art shall be on consignment.
§ 2-332. Protection of consignor from creditors of consignee
(1) Notwithstanding the provision of N.J.S. 12A:2-326, the consignor may be protected against the creditors of the consignee where:
(a) the consignee or consignor places a sign on the craft or work of fine art which states that the item is on consignment; or
(b) the consignor establishes that the consignee is generally known by his creditors to be substantially engaged in selling the goods of others; or
(c) the consignor complies with the filing provisions of chapter 9 of this title (Uniform Commercial Code-Secured Transactions), thereby perfecting a security interest in the craft or work of fine art.
(2) At the time the craft or work of fine art is placed on consignment, the consignee shall provide the consignor with a written statement of consignor's rights as set forth in subsection (1) of this section. A consignee who fails to give such notice shall be a petty disorderly person and shall be subject, upon conviction, to the penalties set forth in N.J.S. 2C:43-3.
(3) A craft or work of fine art initially received on consignment shall remain the property of the consignor upon compliance with the provisions of subsection (1) of this section, notwithstanding the subsequent purchase of the craft or work of fine art by the consignee, directly or indirectly, for the consignee's own account, until the terms of the purchase are completed.
§ 2-333. Consignments protected from creditors
Crafts or works of fine art placed on consignment in compliance with the provisions of subsection (1) of section 4 are not subject to the claims, liens or security interests of the creditors of the consignee or art dealer.
§ 2-334. Consignment agreement

An art dealer shall not accept a craft or work of fine art for a commission on consignment unless, before the time of acceptance, the art dealer conveys to the consignor a written receipt describing the craft or work of fine art delivered to the art dealer and setting out the terms of the consignment agreement.
§ 2-335. Civil liability of consignee
An art dealer who accepts a craft or work of fine art on consignment shall be liable in a civil action brought by the consignor for the loss of or damages to the craft or work of fine art.
2-336. Waiver of rights of consignor
A consignor may not waive his rights under this act unless the waiver is clear, conspicuous and in writing.


top
Current through New Jersey 213th Legislature. Check this statute for currentness. (This page last updated February 2009).

Resources and Notes:

This document has been visually reformatted for display on this website; emphasis has been added to some text.
New Jersey Artists' Rights Act

More Statutory Materials




Copyright © 2008 - 2009 Jennifer Unruh. No claim to government/public domain materials. Licensing Information.

Unless otherwise stated, the original writings contained in this website are solely the expression of opinion by the author(s) and are not intended to provide or be a substitute for professional legal advice. Statues and other governmental publications are provided for informational and educational purposes only. For legal matters, the advice of an attorney should be timely sought.  Be aware that the preservation of legal rights may be time sensitive. The author(s) does not promote or endorse any particular legal service provider. This website is not attorney advertising.

Excluding government publications and other public domain materials, and unless otherwise stated, all literary content and text on this website is Copyright © 2007 - 2009 Jennifer Unruh. All rights reserved. Licensing Information. Website design including, but not limited to graphic design, images, and arrangement, are Copyright © 2007-2008 Jennifer Unruh unless otherwise indicated. All rights reserved. www.artuntitled.com