justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 359 — Art and Culture

ORS 359.220. Consignment contract requirements. An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from a consignor only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the consignor establishing: (1) The retail value of the work of fine art; (2) The time within which the proceeds of the sale are to be paid to the consignor, if the work of fine art is sold; (3) The minimum price for the sale of the work of fine art; and (4) The fee, commission or other compensation basis of the art dealer.
ORS Chapter 359 — Art and Culture

ORS 359.225. Payment of sale proceeds of consigned work; consignors portion of funds not subject to claims of consignees 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 consignors portion of funds received on the sale of the work of fine art or on installment are not subject to the claims of a creditor of the consignee.
ORS Chapter 359 — Art and Culture

ORS 359.230. Contract provision waiving protections for consignor is void. Any provision of a contract or agreement pursuant to which the consignor waives any of the provisions of ORS 359.200 to 359.255 is void.
ORS Chapter 359 — Art and Culture

ORS 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 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.
ORS Chapter 359 — Art and Culture

ORS 359.240. Secreting, withholding or appropriating art work or sale proceeds; penalty. (1) It is unlawful for a consignee willfully and knowingly to secrete, withhold or appropriate a work of fine art or the proceeds from the sale of a work of fine art for the consignees 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. (2) Violation of this section is a Class C felony.
ORS Chapter 359 — Art and Culture

ORS 359.250. Liability of art dealer for violation of ORS 359.220. (1) An art dealer who violates ORS 359.220 is liable to the consignor 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 consignors obligation for compensation to the art dealer is voidable by the consignor.
ORS Chapter 359 — Art and Culture

ORS 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)
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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 artists, publishers, printers 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.
ORS Chapter 359 — Art and Culture

ORS 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)
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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)
ORS Chapter 359 — Art and Culture

ORS 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
ORS Chapter 359 — Art and Culture

ORS 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. Investment earnings, interest and other income 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 Oregon Business Development Department for the Arts Program for the purposes of ORS 359.400 to 359.444.
ORS Chapter 359 — Art and Culture

ORS 359.407. Use of moneys transferred to trust for marketing and promotional costs. (1) Notwithstanding ORS 359.405, moneys transferred to the Trust for Cultural Development Account pursuant to ORS 805.261 may be used for marketing and promotional costs to increase the amount of moneys in the Trust for Cultural Development Account. (2) Amounts used for marketing and promotional costs as described in subsection (1) of this section are not considered part of the Trust for Cultural Development Account for the purpose of making disbursements under ORS 359.426. [2009 c.775 3] Note:
ORS Chapter 359 — Art and Culture

ORS 359.410. Board established; membership; chairperson. (1) There is established a Trust for Cultural Development Board consisting of 11 members appointed by the Governor. The membership of the board must reflect the geographical and cultural diversity of this state. Each member must have a background that demonstrates a commitment to Oregons culture. (2) The Speaker of the House of Representatives and the President of the Senate shall each appoint a member of the Legislative Assembly to 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.
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 359.423. Board solicitation or acceptance of gifts, bequests, devises of money, securities or other property. (1)(a) The Trust for Cultural Development Board may solicit and accept gifts, bequests or devises of money, securities or other property of any kind to carry out the purposes of ORS 359.400 to 359.444. (b) Notwithstanding paragraph (a) of this subsection, a restricted gift, bequest or devise may not be accepted if the restriction is contrary to the laws of this state. (2)(a) The board shall be the custodian of any property accepted pursuant to this section. (b) The board shall hold the property as trustee for the state and shall conserve and administer the property to carry out the purposes of ORS 359.400 to
ORS Chapter 359 — Art and Culture

ORS 359.426. Percentage that may be disbursed; allowable uses. (1) Under the direction of the Trust for Cultural Development Board, each fiscal year the Arts Program shall disburse no less than 50 percent, but no more than 60 percent, of all moneys raised for and deposited in the Trust for Cultural Development Account during the previous fiscal year, and all interest earned on the moneys, as of July 1. (2) The amount determined under subsection (1) of this section shall be distributed as follows: (a) 50 percent to the preservation of, stabilization of and investment in Oregons cultural resources through the Cultural Development Grant Program as provided under ORS 359.431. (b) 25 percent to Oregons counties and to the nine federally recognized Indian tribes through the Community Cultural Participation Grant Program as provided under ORS 359.436. (c) 25 percent to the core partner agencies as provided under ORS 359.441. (3) Each fiscal year, the Arts Program shall assess the total value of the Trust for Cultural Development Account for the previous fiscal year and may distribute up to five percent of that value for administrative purposes, including: (a) Supporting the operations of the Trust for Cultural Development Board and the Trust for Cultural Development Account; (b) Facilitating technical assistance; (c) Local cultural planning; and (d) Other activities that encourage cultural activity.
ORS Chapter 359 — Art and Culture

ORS 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 Oregons cultural resources. The Arts Program under the direction of the Trust for Cultural Development Board shall make Cultural Development Grants to cultural organizations through a request for proposal process. (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.
ORS Chapter 359 — Art and Culture

ORS 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.
ORS Chapter 359 — Art and Culture

ORS 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 (2)(c) to the core partner agencies as follows: (a) The Arts Program shall allocate 20 percent of the amount disbursed under ORS
ORS Chapter 359 — Art and Culture

ORS 359.444. Allowable uses of funds by core partner agencies. (1) A core partner agency may use funds received under ORS 359.426 (2)(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 (2)(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 Oregon. It is intended that this partnership will stimulate research and investigation of the ways in which culture and related cultural policy will impact the state over a 10-year period. [2001 c.954 16; 2023 c.552 3] _______________
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.005. Definitions. As used in this chapter, unless the context requires otherwise: (1) Commission means the State Parks and Recreation Commission. (2) Department means the State Parks and Recreation Department. (3) Director means the State Parks and Recreation Director. [1989 c.904 2] OUTDOOR RECREATION RESOURCES
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.050. Park and recreation violations; enforcement. In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and Recreation Department specifically designated by the State Parks and Recreation Director may issue citations for park and recreation violations established under this chapter in the manner provided by ORS chapter 153. [1981 c.692 2; 1981 c.798 35; 1987 c.905 21; 1999 c.1051 98; 2011 c.597 134] LOTTERY BONDS FOR STATE PARK PURPOSES
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.060. Definitions for ORS 390.060 to 390.067. As used in ORS 390.060 to 390.067, unless the context requires otherwise: (1) State park lottery bonds means the bonds authorized to be issued under ORS