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McDermott Will & Emery

Artists Denied Royalties Under CRRA Because of Federal Pre-Emption

McDermott Will & Emery on

Addressing the California Resale Royalties Act (CRRA), the US Court of Appeals for the Ninth Circuit upheld a district court’s dismissal of a plaintiff’s CRRA claims concerning resale royalties that postdated the 1976...more

Weintraub Tobin

Royalties, Preemption And Attorney’s Fees

Weintraub Tobin on

The Ninth Circuit recently was called upon to decide awarding attorney’s fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act (“CRRA”). In the case, Close v. Sotheby’s, Inc....more

BakerHostetler

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

BakerHostetler on

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

McDermott Will & Emery

Portion of California Resale Royalty Act Struck Down as Unconstitutional - Sam Francis Found. v. Christie’s, Inc.

McDermott Will & Emery on

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code § 986 (“the Act”), the U.S. Court of Appeals for the Ninth Circuit held that a portion of the Act violated the dormant Commerce Clause of the...more

BakerHostetler

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

BakerHostetler on

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

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