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Category Archives: Resale Royalties

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Rep. Jerrold Nadler, American Royalties, Too Act Sponsor, Added to Speakers at Appraisers Association of America Art Law Day on November 7, 2014 at NYU

By Nicholas O'Donnell on Posted in Appraisal, Authentication, Detroit Bankruptcy, Events, Legislation, Resale Royalties, Restitution

Art Law Day at the Appraisers Association of America’s annual conference is now less than a month away.  Held at the NYU Kimmel Center, this year’s event will be held on Friday November 7, 2014.  Sullivan & Worcester LLP is excited to be a Friend of Art Law Day this year. The scheduled that was… Continue Reading

Have Some Foie Gras with Your Ethanol: Auction Houses Urge Ninth Circuit Not to Rehear California Resale Royalties Act Argument

By Nicholas O'Donnell on Posted in Copyright, Legislation, Moral Rights, Resale Royalties

The defendants in the case on appeal over the constitutionality of California’s Resale Royalty Act have just briefed the court’s question about whether the full court should rehear the case.  Responding to an order that the parties explain whether the case conflicts with recent Ninth Circuit precedent, Christie’s, Sotheby’s, and eBay all argued emphatically that no… Continue Reading

Legislative Update: HR 4103, the “American Royalties Too Act” to be Considered Next Week, Gains Sponsors

By Nicholas O'Donnell on Posted in Copyright, Legislation, Resale Royalties

On February 26, 2014, Representative Jerrold Nadler (D-NY) introduced the “American Royalties Too Act”—House Resolution 4103.  HR 4103 was referred to the House Subcommittee on Courts, Intellectual Property, and the Internet on March 20, 2014.  There was also an “American Royalties Too Act” introduced in the U.S. Senate by Senator Tammy Baldwin (D-WI) on the… Continue Reading

Resale Royalties Redux: the “American Royalties Too Act”

By Nicholas O'Donnell on Posted in Copyright, Resale Royalties

Although there are no definitive signs yet of likely change, the question of secondary royalties for visual artists remains far from resolved.  The most comprehensive effort to date, the California Resale Royalties Act was declared unconstitutional in 2012 by the U.S. District Court for the Central District of California, in lawsuit brought by Chuck Close… Continue Reading

IFAR to Host “Artists Resale Rights in the U.S.: Overdue or Shouldn’t Do?”

By Nicholas O'Donnell on Posted in Events, Resale Royalties

The International Foundation for Art Research (IFAR) will host on November 25, 2013 a panel entitled “Artists Resale Rights in the U.S.: Overdue or Shouldn’t Do?”  As readers here know, the topic of artists’ resale royalty rights, or droit de suite, is an area of copyright law about disagreement is strong.  Should artists receive a… Continue Reading

Copyright Office Holds Hearing on Resale Royalty Legislation

By Nicholas O'Donnell on Posted in Copyright, Intellectual Property, Resale Royalties

The United States Copyright Office solicited public comment last year on possible droite de suite, or resale royalty legislation.  As addressed previously, state law attempts to regulate artists’ rights to resale royalties have been struck down as unconstitutional.  Among the issues that the Copyright Office grappled with is the basic question of incentive: if a… Continue Reading

California Law Struck Down as Unconstitutional: U.S. District Court Dismisses California Resale Royalty Act Case against Sotheby’s, Christie’s, and eBay

By Nicholas O'Donnell on Posted in Collections, Copyright, Intellectual Property, Legislation, Resale Royalties

Consistent with expectations after reports from the court hearing in March, the U.S. District Court in Los Angeles dismissed the case brought by artist Chuck Close and others that alleged violations of the California Resale Royalty Act (the “CRRA”) by Sotheby’s, Christie’s and eBay, and ruled that the CRRA is unconstitutional in its entirety.  Similar claims… Continue Reading

California Resale Royalty Act Case Against Sotheby’s, Christie’s, and eBay to Be Dismissed?

By Nicholas O'Donnell on Posted in Collections, Legislation, Resale Royalties

Donn Zaretsky at the Art Law Blog (whose prior commentary on the case gives excellent analysis of the Commerce Clause and other issues) reports that the U.S. District Court issued a tentative ruling at a hearing on Monday to dismiss the California Resale Royalty Act cases against Sotheby’s, Christie’s and eBay (Chuck Close is one of… Continue Reading

Federal Legislation Proposed for Artists’ Resale Royalties

By Nicholas O'Donnell on Posted in Legislation, Resale Royalties

In place of rumored legislative efforts last summer, legislation has been formally introduced to codify under U.S. federal law droite de suite rights of resale for artists, under certain circumstances. Apart from California—whose California Resale Royalty Act has been in the news recently for lawsuits against Christie’s, Sotheby’s and eBay—the United States generally affords artists… Continue Reading