§ 352:4 — Art Dealer and Artists; Relationship

If an art dealer accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, the following consequences shall attach:
I. The art dealer shall be, with respect to that work of art, the agent of the artist.
II. The work of art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the work of art is sold to a bona fide third party or returned to the artist.
III. The proceeds of the sale of the work of art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the amount due the artist from the sale is paid.
IV. The art dealer shall be strictly liable for the loss of, or damage to, the work of art while it is in the art dealer's possession or control. The value of the work of art shall be, for the purpose of this subdivision, the value established in the written contract between the artist and art dealer entered into pursuant to RSA 352:7.

Legislative History

1988, 117:1, eff. Jan. 1, 1989.