Art Law Report Header-1

IFAR to Host "Artists Resale Rights in the U.S.: Overdue or Shouldn't Do?"

Posted by Nicholas O'Donnell on November 11, 2013 at 11:34 AM

The International Foundation for Art Research (IFAR) will host on November 25, 2013 a panel entitled "Artists Resale Rights in the U.S.: Overdue or Shouldn't Do?" As readers here know, the topic of artists' resale royalty rights, or droit de suite, is an area of copyright law about disagreement is strong. Should artists receive a commission of some sort after the first sale? Under all circumstances, or something fewer? California's famous attempt to regulate the practice was struck down last year as unconstitutional.

In any event, the brightest lights in the discipline will discuss the pros and cons:

Karyn Temple Claggett, Esq., Associate Register of Copyrights; Director of Policy and International Affairs, U.S. Copyright Office; Sandra L. Cobden, Esq., General Counsel, Dispute Resolution and Legal Public Affairs, Christie's; Theodore H. Feder, Ph.D., Founder and President, Artists Rights Society; Philippa S. Loengard, Esq., Assistant Director and Lecturer in Law, Kernochan Center, Columbia Law School; and the Honorable Jerrold L. Nadler, Congressman, Tenth Congressional District, New York.

IFAR describes the event, at 58 Park Avenue, below. Registration is here. Hope to be able to make it.

"Unlike many countries, the U.S. does not provide for resale royalties for visual artists (also known as droit de suite) by statute. A California royalty right, enacted in 1976, was recently ruled unconstitutional; that decision is currently on appeal. In December 2011, Congressman Jerrold Nadler sponsored H.R. 3688, the Equity for Visual Artists Act, recommending a federal resale royalty.

"The Judiciary Committee failed to act on the bill in the 112th Congress; however, a new version of the bill is expected to be introduced in this Congress. Meanwhile, the U.S. Copyright Office has been reviewing the implications of enacting a federal resale royalty law. Its report is expected soon."

Topics: Artists Rights Society, Resale Royalties, The Honorable Jerrold L. Nadler, Kernochan Center Columbia Law School, droit de suit, Christie's, Theodore H. Feder Ph.D., Philippa S. Loengard Esq., Events, Karyn Temple Claggett Esq., Sandra L. Cobden Esq.

Sullivan logo

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

Meet the Editor

Subscribe to Blog

Recent Posts

Posts by Topic

see all