On Tuesday, April 10, 2018, the Ninth Circuit Court of Appeals heard, once again, oral arguments on the validity of the California Resale Royalty Act (“CRRA”), which provides that, subject to certain limitations, “[w]henever a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller’s agent shall pay to the artist of such work of fine art or to such artist’s agent 5 percent of the amount of such sale.” Specifically, the Court heard whether the CRRA conflicts with the first sale doctrine under U.S. Copyright Law. As this post concludes, regardless of how the Court rules it does seem like the battle against resale royalties in visual art is not over. You can view and listen to the oral arguments here.
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