California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1 — Consignment of Fine Art, Chapter 1 — Definitions, Section 1738

As used in this title:

(a) “Artist” means the person who creates a work of fine art or, if that person is deceased, that person’s heir, legatee, or personal representative.

(b) “Fine art” means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, or a work in mixed media (including a collage, assemblage, or any combination of the foregoing art media).

(c) “Art dealer” means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.

(d) “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.

(e) “Consignment” means that no title to, estate in, or right to possession of, fine art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee’s power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to such fine art.

Notes

Defines artist, fine art, art dealer, person, and consignment for the title. An artist includes the creator or, after death, an heir, legatee, or personal representative; an art dealer excludes a person exclusively selling at public auction, and consignment preserves the consignor’s superior title, estate, and possession rights despite the consignee’s transfer authority.

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Lexinter.net | California Code, Civil Code - CIV § 1738 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1/chapter-1/section-1738

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