Tennessee Code 47-25-1003 – What constitutes consignment
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Terms Used In Tennessee Code 47-25-1003
- Art dealer: means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction. See Tennessee Code 47-25-1002
- Artist: means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative. See Tennessee Code 47-25-1002
- Consignment: means that no title to, estate in, or right to possession of, the work of 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 work of art. See Tennessee Code 47-25-1002
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Work of art: means an original art work which is:
(A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph. See Tennessee Code 47-25-1002
Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist’s own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.