United States:
Ninth Circuit To Rehear En Banc Appeal Re: California Resale Royalties Act
05 November 2014
Fox Rothschild LLP
To print this article, all you need is to be registered or login on Mondaq.com.
Last week, the Ninth Circuit agreed to rehear en banc an appeal
of a federal court decision striking down the California Resale
Royalties Act (the "Act").
The Act required sellers to pay artists 5 percent of the resale
price of all fine art sold in California or put up for sale by
California residents.
In October 2011, certain artists proposed three class actions
against Christie's, Sotheby's and eBay alleging that the
auction houses failed to pay royalties owed to the artists pursuant
to the Act. In May 2012, U.S. District Judge Jacqueline
Nguyen dismissed the claims, finding the Act in violation of the
Commerce Clause of the U.S. Constitution by impermissibly
requiring royalties from transactions occurring outside
California between non-California parties.
Read more here and here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from United States
Hiring A Name, Image, And Likeness Agent
McLane Middleton, Professional Association
I am a student-athlete and I want to hire an agent to negotiate NIL contracts for me. Is there anything I should be aware of when hiring an NIL agent?
What Is Third-Party Content?
Sideman & Bancroft
Generating content is crucial to business marketing, but it can be difficult to consistently produce unique content. In today's competitive digital landscape, embracing third-party content is essential.
CFPB Targeting Gaming Industry?
Klein Moynihan Turco LLP
On April 4, 2024, the Consumer Financial Protection Bureau ("CFPB") issued a report (the "Report") examining the potential risk to consumer assets and data in the online video game...