Monday, February 26, 2024

Resale Royalty Act Headed to 9th Circuit Court of Appeals

As some of you may remember, last May a California judge ruled that California’s Resale Royalty Act was unconstitutional. The essence of Judge Nguyen’s ruling holds that because the Resale Royalty Act applied to artwork sold both in California and by a California resident outside the state, it violated the U.S. Constitution’s Commerce Clause (the clause that grants inter-state commerce regulation to the federal government and not the states).

Close and other artists decided to appeal the case, and now their battle against Christie’s and Sotheby’s is headed for the 9th Circuit Court of Appeals, aided by two amicus briefs (friend of the court briefs) written by the Caifornia Lawyers for the Arts and the Artists Rights Society.

Artinfo summarizes the issue nicely, addressing Close et al’s argument which hinges on the law of agency.


Tags: , , , , , , , ,


No comments so far.
  • Leave a Reply
    Your gravatar
    Your Name


Clancco, Clancco: The Source for Art & Law,, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to They are not the views of any other organization, legal or otherwise. All content contained on or made available through is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.

Switch to our mobile site