Intellectual Property » Blow For Artists As Appeals Court Strikes California Royalty Law

Blow For Artists As Appeals Court Strikes California Royalty Law

May 6, 2015

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A state law provision that required California owners of art work to pay a royalty fee when selling fine art out of state has been struck down by the Ninth Circuit Court of Appeals. In an 8-3 decision, the court found that part of the 1976 law violated the Constitution’s Commerce Clause. The law stated that payments were to be made to any artist who is an American citizen or a California resident if the art is sold for more than $1,000 by a California resident.

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