California Resale Royalty Act Struck Down... pending appeal
May 21, 2012 9:17 AM Subscribe
California Resale Royalty Act declared unconstitutional.
posted by snaparapans (52 comments total)
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The only Droit De Suite Law
in the U.S. is now defunct. It was signed into being by Gov. Jerry Brown in 1976
Judge Jacqueline H. Nguyen of U.S. District Court, Central District of California struck down the California Resale Royalty Act last week because it violated the U.S. Constitution's Interstate Commerce Clause.
Even though artists all over the country qualify for resale royalties, only about 400 painters and sculptors have received a total of $328,000 in resale royalties since the Resale Royalties Act took effect....
....The curious thing is that it took 35 years for the Resale Royalties Act to be struck down as unconstitutional. As Nguyen recounts in her ruling, California's legislative counsel wrote an opinion letter way back in the 1970s, when the state was drafting the law, noting that if California attempted to extend resale royalties to sales outside of the state, the act would be invalid under the Commerce Clause.
Background on the case here
, and here