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.

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