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Preemption Artists

Venable LLP

California District Court Holds Dance Moves in Fortnite Did Not Infringe Copyright

Venable LLP on

​​​​​​​A federal district court judge in the Central District of California recently dismissed a choreographer’s claims against Epic Games Inc. (“Epic Games”) arising out of Epic Games’ alleged use of his dance moves in its...more

Sheppard Mullin Richter & Hampton LLP

Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute

The ongoing dispute between the Writers’ Guild of America (“WGA”) and the Association of Talent Agencies (“ATA”) took a new turn recently when the WGA announced that it would use the authority granted to it under the National...more

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

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

Sullivan & Worcester on

The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...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

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