California Tried to Give Artists a Cut. But the Judges Said No.
Art Law

California Tried to Give Artists a Cut. But the Judges Said No.

The artist Laddie John Dill, a plaintiff in a class-action lawsuit from 2011 seeking royalties under state law. Mr. Dill said of artists: “If they’re starting out and something goes up for auction, I think they should get a piece of it.” A federal appeals court has ruled that visual artists will no longer be entitled to royalties from resales of their work in California — a decision that may discourage other states from considering royalty laws. The ruling, issued on Friday, addressed a 1977 law, the California Resale Royalties Act, the only of its kind implemented in the United States. The law benefited visual artists, who, unlike composers, filmmakers or writers, do not receive a share of any future sales under copyright law. California residents selling work in or out of state, or others selling their work in California, were entitled to earn 5 percent of the price of any resale of their artwork over $1,000. (For deceased artists, royalties went to estates or heirs.) After a seven-year battle, prompted by class-action lawsuits, the United States Court of Appeals for the Ninth Circuit in San Francisco restricted the state law to resales occurring in 1977, on the grounds […]

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California Tried to Give Artists a Cut. But the Judges Said No.
Art Business

California Tried to Give Artists a Cut. But the Judges Said No.

The artist Laddie John Dill, a plaintiff in a class-action lawsuit from 2011 seeking royalties under state law. Mr. Dill said of artists: “If they’re starting out and something goes up for auction, I think they should get a piece of it.” A federal appeals court has ruled that visual artists will no longer be entitled to royalties from resales of their work in California — a decision that may discourage other states from considering royalty laws. The ruling, issued on Friday, addressed a 1977 law, the California Resale Royalties Act, the only of its kind implemented in the United States. The law benefited visual artists, who, unlike composers, filmmakers or writers, do not receive a share of any future sales under copyright law. California residents selling work in or out of state, or others selling their work in California, were entitled to earn 5 percent of the price of any resale of their artwork over $1,000. (For deceased artists, royalties went to estates or heirs.) After a seven-year battle, prompted by class-action lawsuits, the United States Court of Appeals for the Ninth Circuit in San Francisco restricted the state law to resales occurring in 1977, on the grounds […]