California Resale Rights Unconstitutional

Catching up on some previous news.

A California judge has ruled that California’s Resale Royalties law violates the Commerce Clause of the U.S. Constitution.

“Under its clear terms, the [Resale Royalties Act] regulates transactions occurring anywhere in the United States, so long as the seller resides in California. Even the artist — the intended beneficiary of the CRRA — does not have to be a citizen of, or reside in, California…For these reasons, the court finds that the [law] has the ‘practical effect’ of controlling commerce ‘occurring wholly outside the boundaries’ of California even though it may have some ‘effects within the state.’ Therefore, the [law] violates the Commerce Clause.”

Chuck Close and the other artists plan to appeal to the 9th Circuit Court of Appeals.

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