On April 1, 2019, the U.S. Supreme Court denied certiorari in a series of Ninth Circuit cases that found that the California Resale Royalty Act (“CRRA”) was partially preempted by section 301(a) of the 1976 Copyright Act. Under the CRRA, secondary-market sellers of fine art would be required to
Continue Reading Update: U.S. Supreme Court Denies Certiorari in California Resale Royalty Case
Robert Cenedella – a satirical American artist – has apparently decided not to replead his antitrust case against five major New York City museums. On December 19, 2018, Judge John G. Koeltl of the Southern District of New York dismissed Cenedella’s class action complaint, but gave him the opportunity
Continue Reading Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?
Above: Plaintiff Chuck Close.
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The Ninth Circuit recently issued its decision regarding the validity of the California Resale Royalty Act (“CRRA”) in three consolidated appeals: Close v. Sotheby’s, Inc., No. 16-56234, The Sam Francis Foundation v. Christie’s, Inc., No. 16-56235 and The Sam Francis Foundation v. eBay
Continue Reading Update: Ninth Circuit Holds That CRRA Is Preempted by “First Sale Doctrine”
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The Ninth Circuit has pending before it a significant challenge to the validity of the California Resale Royalty Act (“CRRA”), which will require the court to examine the scope of the “first sale doctrine” and determine whether it is at odds with California’s attempt to establish economic rights for visual artists on subsequent sales of their works.
Continue Reading Ninth Circuit Cases Pose the Question: How Far Does the “First Sale Doctrine” Go?
On July 11, 2017, Hughes Hubbard & Reed LLP hosted a brown-bag lunch on the business and law of auction houses. The Fine Arts Committee of the New York State Bar Association’s Entertainment, Arts & Sports Law Section sponsored the event.
The lunch’s panel included Sherri Cohen, Director of Trusts
Continue Reading Hughes Hubbard & Reed Hosts Brown-Bag Lunch on Auction Houses