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AIA Bulletin Board
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Art & Print Disclosure Laws
A number of states, including Oregon, have laws governing art sales. The laws in California, of course, are more strict. These laws are important for all artists to know, but especially those who sell from a website, since a buyer might live, and do his purchasing, from any state.
Here is some of the information an art dealer must provide to a purchaser of a multiple, or reproduction, when the sale takes place in California. I'm not sure if 'art dealer' is defined in the same way in California, but in Oregon, an 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", which is a pretty broad definition, and it says nothing about sellers fees.
(1) The artist's name,
(2) If the artist's name appears on the multiple, a statement about whether the multiple was personally signed by the artist,
(3) If the multiple was not signed by the artist personally, a statement of the source of the artist's name,
(4) A description of the medium or process and the material used to produce the multiple,
(5) If the multiple is "a photomechanical or photographic type of reproduction, or as to sculptures a surmoulage or other form of reproduction of sculpture cases, or an image produced in a different medium, for a purpose other than the creation of the multiple being sold, a statement of this information and the respective mediums; and if this last statement applies, and the multiple is not signed, a statement whether the artist authorized or approved in writing the multiple or the edition of which the multiple being sold is one." [this one is a bit long, but I wanted to show just how complicated the laws can be.].
The list is actually much longer than that, but you get the idea...
So, if SmugMug sells one of my photos to someone from California (value more than $100), SmugMug must provide at least some of that information (whatever applies), which means that I must have given it to them, and must have ensured that the information gets passed along to the buyer. If I don't, and the buyer complains, penalties can be very stiff ($1000 fine, plus a permanent injunction against continuing sales until the problem is fixed).
Here are some of the links available for study:
From the publication, American Artist: http://www.allbusiness.com/services/museums-art-galleries-botanical-zoological/4360072-1.html
From the Fine Art Registry library: http://www.fineartregistry.com/articles/franks_teri/art-limited-editions.php
From Oregon Revised Statutes (ORS 359.200 to 359.365: http://www.leg.state.or.us/ors/359.html
Entered by: Rick Ground rlground@comcast.net on 06/06/2010 10:24
Artist legal resource
If you have legal questions regarding copyright law, gallery consignments and other areas concerning art and the law:
Swider Medeiros Haver, LLP
621 SW Morrison Street Suite 1420
Portland Oregon 97205
KHAVER@SMHLLAW.COM, or artcop@aol.com
Direct Line - (503) 295- 2787 FAX (503)295-2737 www.SMHLLAW.COM
Website: www.artcop.com
Entered: 03/03/2010 14:05
Oregon Arts Commission
Oregon Arts Commission - Oregon Cultural Trust
775 Summer Street NE
Salem, Oregon 97301-1280
(503) 986-0087 direct
christine.t.darcy@state.or.us
Entered: 02/25/2010 12:36
| Artworks Venue
I'd like to invite AiA members to join the Artworks Venue website. It's a website for artists worldwide. I received an e-mail invitation to join and found it to be a very nice website. Whether you decide to join or not, its fun to browse the site and see what artists are doing in Spain, Germany, Italy, South America, Australia, Japan, or anywhere that interests you. The website home page is: http://www.artworksvenue.com/
If you would like to see how I am listed within this structure you can click on Browse Artists, then click on United States, and look from there. Or (more directly) go to: http://www.artworksvenue.com/index.php?user=62
There's no cost for joining this site and you can post your artwork, get comments from other artists around the world, and who knows? - maybe you will make a connection or find an opportunity to sell your work.
Entered by: Tricia Young youngatart@comcast.net on 11/19/2009 13:48
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| Art Calendar Magazine: An Art Business Orientated Magazine
Art Calendar is the industry’s foremost business magazine for visual artists. Founded in 1986, Art Calendar acts as a beacon to guide artists on their journey toward making a living with their art.
Written by knowledgeable industry pros and successful working artists, Art Calendar offers artists practical business advice on subjects such as art marketing, art law, portfolio development, exhibition presentation, communication skills and sales techniques, as well as advanced technical applications of photography, computer and Web tools. It also offers the most extensive and recent listings of Calls to Artists, including galleries reviewing portfolios, juried competitions, grants, fellowships, festivals, publishing opportunities and residencies.
http://www.artcalendar.com/home.asp
Entered: 04/25/2009 14:49
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| Keizer Art Association
980 Chemawa Rd NE
Keizer Heritage Center
Keizer, OR 97303
(503)390-3010
www.KeizerArts.org
Entered: 04/24/2009 21:00
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