Expert Advice
Feb. 1, 2013
Art Law
When a federal court struck down a key California statute providing for artists' royalty rights, it set off a wave of uncertainty in the world of fine art sales.
In May 2012, a federal district court in Los Angeles found unconstitutional a California statute that provides a resale royalty right to creators of fine art. (Estate of Graham v. Sotheby's, Inc., 860 F. Supp. 2d 1117 (C.D. Cal. 2012).) While the decision is on appeal, artists, dealers, collectors, and auction houses are left to ponder the implications for future sales.
The California Resale Royalties Act applies to works of fine art - defined as an "original ...
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