A consignment of a work of art shall result in all of the following:

(1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee;

Terms Used In Tennessee Code 47-25-1004

  • 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
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
(2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee;
(3) The consignee shall be responsible for the loss of, or damage to, the work of art; and
(4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
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