Perspective
Apr. 21, 2016
Resale Royalty Act decision is a defeat for fine artists
A federal court in California recently held that that the California Resale Royalty Act is preempted by federal copyright law. By Melissa Dagodag
Melissa K. Dagodag
The Law Offices of Melissa K. DagodagEmail: melissa@melissakdagodag.com
Melissa is an attorney with her own intellectual property, entertainment and business transactional practice in Beverly Hills.
On April 11, the U.S. District Court for the Central District of California held that that the California Resale Royalty Act is preempted by federal copyright law. Estate of Robert Graham v. Sotheby's Inc., 11-08604 (filed Oct. 18, 2011). Of particular interest is the finding that the CRRA "disrupts the equilibrium" of the Copyright Act with regard to the "first sale doctrine." Unfortunately, however, the court faile...
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