The United States Supreme Court denied certiorari of the appeal by artists and amici of the Ninth Circuit opinion involving constitutionality of the California Art Resale Royalty Act [“Act”]. [Sam Francis Foundation v. Christies, Inc., No. 15-280, 2016 WL 100374, at *1 (U.S. Jan. 11, 2016)].
The effect of this denial means the en banc holding of the Ninth Circuit stands that certain art resales in California are subject to the royalty provisions in the Act but art resales wholly outside of California are unconstitutional. The appellate analysis turned on the dormant commerce clause without deciding copyright or preemption. The district court on remand is set to elucidate the contours of the appellate opinion. http://copyright.gov/docs/resaleroyalty/usco-resaleroyalty.pdf
For additional information, contact the Art Law Firm at (310) 361-8589.
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