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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.
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The lawsuit1 recently filed by the Mayor Gallery against the authors and sponsors of the Agnes Martin catalogue raisonné illustrates the ongoing legal risks faced by scholars and other agents who volunteer to authenticate artworks.

Authenticators play a valuable role in the fine art market by providing assurance to
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