An Act To Protect Artists and Art Galleries
Maine Legislature, Session 124, LD 1062
Committee: Business, Research and Economic Development
Sponsors: ALFOND, PINGREE, DAMON, PERRY, GOODE, MAZUREK, WELSH

MAINE STATE LEGISLATURE 
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124thMAINE EGISLATURE 
Legislative Document 
No. 1062 
S.P. 
In Senate, March 17, 2009 
An Act To Protect Artists and Art Galleries 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator ALFOND of Cumberland. 
Cosponsored by Speaker PINGREE of North Haven and 
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JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAMON of Hancock, PERRY of Penobscot, Representatives: GOODE of Bangor, 
MacDONALD of Boothbay, MAZUREK of Rockland, McKANE of Newcastle, WELSH of 
Rockport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 215-A is enacted to read: 
CHAPTER 215-A 
ARTIST AND ART GALLERY RELATIONSHIP 
§1459. Definitions 
As used in tIlls chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Art gallery. "Art gallery" means a business or establishment that is actively and 
principally engaging in or conducting the business of selling works of fine art and that 
holds a current sales tax permit. 
2. Artist. "Artist" means a person who creates a work of fine art and who, at the 
time of the sale of the work of art by an art gallery, is a citizen of the United States or a 
resident of this State for a nlinimum of 2 years. 
3. Division of money. "Division of money" means the percentage or predetermined 
total compensation that the artist and art gallery will receive from the sale of a work of 
fine art. 
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4. 
Fine art. "Fine art" means an original painting, sculpture or drawing or an 
original work of art in glass. 
5.· Minimum artist compensation. "Minimum artist compensation" means the 
artist"s percentage of the lowest selling price or the predetermined total compensation for 
the artist decided on at the establishment of the relationship between the artist and art 
gallery under section 1459-A, whichever is lower. 
§1459-A. Establishment of relationship 
When an artist provides or loans a work of fine art to an art gallery for the purpose of 
its being sold by the art gallery on behalf of the artist, a relationship is established, and 
the factors set out in this section must be deternlined by the artist and the art gallery for 
each work of fine art: 
1. Fair market value. The fair market' value of the work of fine art; 
2. Lowest selling price. The lowest price at which the artist authorizes the work of 
fine art to be sold; and 
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3. Division of money. The division of money. 
§1459-B. Art gallery information provided 
An art gallery shall provide an artist with the names and contact information for all 
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administrative members of the art gallery, which include, but are not linlited to, the 
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owner, manager, landlord, property manager and board members, within 30 days of 
'establishing a relationship under section 1459-A. 
An art gallery shall provide any 
updates to this information to the artist within 30 days of the art gallery's learning of such 
. changes. 
§1459-C. Bankruptcy proceedings 
If an art gallery enters b~ll1kruptcy proceedings, the art gallery. shall notify an artist 
who has established a relationship under section 1459-A with th~t art gallery of the first 
meeting of creditors no later than 14 days prior to that rrieeting. 
§1459-D. Termination of relationship 
At either the art gallery's or the artist's discretion, a relationship under section 1459-A 
may be terminated. The art gallery shall return to the artist all unsold works of fine art 
made by the artist and pay to the artist all outstanding money due .. 
§1459-E. Fair exchange of value 
Unless otherwise determined by a court, an artist must receive either the unsold work 
of fine art or the minimum artist compensation for each work of fine art provided or 
loaned to an art gallery. 
§1459-F. Right to pursue damages 
If an art gallery fails to comply with this chapter, an artist may bring an actfon for 
damages within 3 years after the date of the sale of a work of fine art that the artist has 
not been compensated for or one year after the failure to compl)'; whichever is longer. 
The prevailing party in any action brought under this section is entitled to reasonable 
attorney's fees in an amount as determined by the court. 
SUMMARY 
This bill clarifies the relationship between an artist and an art gallery, including the 
financial responsibilities of the artist and the art gallery.