10-1-521. Definitions.

As used in this article, the term:

“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, and other than a nonprofit organization.#

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

“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.#

“Cooperative” means an association or group of artists which:#

1. (A)

   Engages in the business of selling only works of art which are produced or created by such artists;#

2. (B)

   Jointly owns, operates, and markets such business; and#

3. (C)

   Accepts such works of art from its members on consignment.#

“Person” means an individual, partnership, corporation, association, entity, or other group, however organized.#

“Value of the work of art” means an amount agreed upon by written contract as the monetary worth of a work of art which amount shall be used in determining damages in the instance of a violation of this article by an art dealer and shall not be used for any other purpose.#

“Work of art” means an original art work which is:#

1. (A)

   A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;#

2. (B)

   A work of calligraphy;#

3. (C)

   A work of graphic art, including an etching, lithograph, offset print, or silk screen;#

4. (D)

   A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or#

5. (E)

   A work in mixed media, including a collage or a work consisting of any combination of subparagraphs (A) through (D) of this paragraph.#