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Tag Archives: Sotheby’s

Does Jenack Decision Really Require Disclosure of Seller’s Name? Yes, if the Buyer Won’t Pay

By Nicholas O'Donnell on Posted in Uncategorized

The Jenack decision addressed recently at the Art Law Report has been the subject of intense comment and criticism since being widely reported.  Donn Zaretsky’s roundup of the commentary raises an interesting and important question, with analysis from Jonathan Olsoff of Sotheby’s and Jo Laird, former general counsel at Christie’s.  Namely, does the decision actually… 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

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

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, Uncategorized

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

Christie’s and Sotheby’s Sued over California Resale Rights

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

Christie’s and Sotheby’s were sued this week by several artists (including Chuck Close) as class action plaintiffs, alleging violations of California’s Resale Royalty Act.  The Resale Royalty Act is one of the few statutes in the United States recognizing artists’ rights to some of the proceeds of the sale of their works, even after the… Continue Reading