Artists' Resale Royalties Battle Reappears in Court

Roi Clarkson Colman (1884-1945) California Coastal Scene.
Roi Clarkson Colman (1884-1945) California Coastal Scene.
(PHOTO: ARTFIXdaily)

The California law that allowed artists to receive 5% from the resale of their work was struck down in 2012 by a federal judge in Los Angeles who cited issues with interstate commerce. A Pasadena appeals court heard arguments once again on Tuesday to uphold the Resale Royalty Act that was passed by the state in 1976.

Prominent artists in California, such as Chuck Close, and the estates of artists like Sam Francis, have long argued for the law, noting noncompliance by Sotheby's, Christie's and eBay in handing over the artists' share of resold art. Dealers and private sellers have been on both sides of the issue, and some auction houses have complied to the fee.

Sellers would need to track down artists to comply with the law, handing over a 5% cut on any sale over $1,000, with a cap of $35,000. Artists' estates would benefit for up to 20 years after the death of the artist.

Resale royalties for artists are instituted in European Union nations and other markets. And while the U.S. Copyright Office has recommended a law enforcing an artist resale royalty nationwide, thus giving visual artists the same rights as composers, authors and other creators, the push for a national law may again face stiff resistance by those opposed to "government overreach" in "private businesses."

More News Feed Headlines

Southern California Coast by George Symons (1861-1930) Oil on canvas – 40 x 50 inches.  The Irvine Museum Collection at the University of California, Irvine

ARTFIXdaily Closed March 18 to 22

  • March 17, 2019 22:17

ARTFIXdaily is closed this week for maintenance. E-newsletter service will resume on March 25. ...

Read More

University of Arizona Museum of Art in Tuscon will once again display de Kooning's Woman-Ochre after a restoration and exhibit at the Getty.  The painting was stolen in 1985, and found in 2017 at an estate sale.

This Week: A Stolen-Found De Kooning Resurfaces, and Police Fool Thieves With Fake Brueghel

  • March 14, 2019 12:23

Willem de Kooning's 'Woman-Ochre,' recently rediscovered in an estate sale after being stolen ...

Read More

Silicon Valley Plans to Erect a Monument to Itself

  • March 11, 2019 22:24

Silicon Valley has a new initiative underway for a landmark that speaks to the tech hub's ...

Read More

Will Barnet, Self-Portrait, 1981, was part of the exhibition "Will Barnet at 100" – the artist’s first New York museum retrospective – at the National Academy Museum on Sept.  16-Dec.  31, 2011.  Barnet received a 2011 National Medal of Arts on Feb.  13, 2012

Another Year Passes Without National Medal of Arts Awards

  • March 05, 2019 22:18

The White House's prestigious annual recognition of American artists, the National Medal of Arts ...

Read More

Related Press Releases

Related Events from ArtfixDaily Calendar

 

ArtfixDaily Artwire