Consignment of Fine ArtGeneral Provisions
Section § 1738.5
If an artist brings their artwork to an art dealer in California to be sold or displayed and is supposed to get paid for that, it counts as a consignment. This means the artist still owns the artwork until it's sold, unless the dealer pays the artist in full at the time of delivery.
Section § 1738.6
This law explains what happens when a piece of fine art is given to an art dealer to sell or show. Firstly, the dealer acts as the artist's agent in California for selling or displaying the art. Secondly, the art remains the artist's property and is protected from the dealer's creditors. Thirdly, the dealer is responsible if the art gets lost or damaged. Lastly, any money from selling the art belongs to the artist and must be used to pay them first unless they agree in writing to do otherwise.
Section § 1738.7
If a piece of fine art is given to someone to sell on behalf of the owner, it stays the owner's property until they receive full payment, even if the person selling it buys it for themselves. If that person resells the art to someone else before paying the owner fully, they must keep the sale money safe and use it to pay the owner what they are owed until all debts are settled.
Section § 1738.8
This law states that if a consignor, or someone who hands over goods for sale, gives up their rights under this title through any contract or agreement, that waiver is not legally valid.
Section § 1738.9
This law section explains that any written contracts made before this law came into effect are not automatically subject to it. However, if both parties agree in writing after the fact, or if the contract is extended or renewed after this law kicks in, then it will apply. Additionally, if there's a conflict between this law and the Commercial Code on the same issue, this law takes priority.