Art Resale Law Debated in Court Again

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Artists trying to get a piece of the action when their work is resold had another day in a California court recently. Artists used a 1976 law as a basis for a lawsuit in 2011 to try to get auction houses and ebay to collect a five percent royalty when a work is resold, but a judge said the requirement improperly butts into matters of interstate commerce and nixed it. Re-sellers of art in California are supposed to collect and pay five percent to artists. The practical matter of finding them is one problem. The U.S. Copyright Office has recommended establishing an artist resale royalty nationwide, similar to that which exists in the music industry. Read more at the LA Times.


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