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 commission of some sort after the first sale? Under all circumstances, or something fewer? California's famous attempt to regulate the practice was struck down last year as unconstitutional.
IFAR to Host "Artists Resale Rights in the U.S.: Overdue or Shouldn't Do?"
Posted by
Nicholas O'Donnell on November 11, 2013 at 11:34 AM
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Topics: Artists Rights Society, Resale Royalties, The Honorable Jerrold L. Nadler, Kernochan Center Columbia Law School, droit de suit, Christie's, Theodore H. Feder Ph.D., Philippa S. Loengard Esq., Events, Karyn Temple Claggett Esq., Sandra L. Cobden Esq.
Copyright Office Holds Hearing on Resale Royalty Legislation
Posted by
Nicholas O'Donnell on May 14, 2013 at 11:57 AM
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 copyright royalty were paid on sales subsequent to the first sale, what effect does that have on the economic incentive to create art? Who benefits? Who is harmed?
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Topics: Resale Royalties, Copyright Act, Resale Royalty, Copyright, Copyright Office, Calinfornia Resale Royalty Act
Copyright Office is Seeking Comment on Resale Royalty Legislation
Posted by
Nicholas O'Donnell on October 24, 2012 at 1:46 PM
The Art Law Report’s very first post was on the revival of efforts to pass federal legislation on resale royalties, yet there was little movement after that. Earlier this year, the California Resale Royalty Act was struck down on constitutional grounds, a case now on appeal.
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Topics: Resale Royalties, California Resale Royalty Act, Copyright
California Law Struck Down as Unconstitutional: U.S. District Court Dismisses California Resale Royalty Act Case against Sotheby’s, Christie’s, and eBay
Posted by
Nicholas O'Donnell on May 18, 2012 at 5:08 AM
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 against eBay were also dismissed in a shorter opinion referencing the Sotheby’s and Christie’s decision.
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Topics: Legislation, Resale Royalties, Chuck Close, Commerce Clause, Christie's, California Legislative Council, Dormant Commerce Clause, Collections, California Resale Royalty Act, Copyright, Jacqueline H. Nguyen, Sotheby's, eBay
California Resale Royalty Act Case Against Sotheby's, Christie's, and eBay to Be Dismissed?
Posted by
Nicholas O'Donnell on March 14, 2012 at 5:11 AM
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 the plaintiffs). No written order has come down, but we will report and analyze when it does. This is big news; for the moment the case docket indicates only that the hearing took place and that the judge took the matter under advisement.
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Topics: Legislation, Donn Zaretsky, Resale Royalties, Chuck Close, Christie's, California Resa, Dormant Commerce Clause, Collections, Art Law Blog, Sotheby's, eBay
Federal Legislation Proposed for Artists' Resale Royalties
Posted by
Nicholas O'Donnell on December 22, 2011 at 11:08 AM
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.
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Topics: Legislation, Stop Online Piracy Act, Resale Royalties, Freakonomics, droite de suite, Resale Royalty, Jerrold Nadler, Christie's, California Resale Royalty Act, Sotheby's, Herb Kohl, eBay
Picking up a torch last carried by the late Sen. Edward Kennedy, lobbying efforts are underway to enact into U.S. federal law a droit de suite right enjoyed in the U.K. and elsewhere, that is, a right for an artist to be compensated upon subsequent sales of his or her work. American law has long resisted the concept of secondary market compensation for artists, and Kennedy’s efforts to write droite de suite into American law failed in the course of the enactment of the Visual Artists Rights Act in 1987. European nations have struggled to quantify the effect of inconsistent droite de suite legislation; some argue that the piecemeal regime has simply pushed sales into countries without it, others note that U.K. art sales have continued to rise.
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Topics: Legislation, Resale Royalties, Visual Artists Rights Act, droit de suite, Copyright
