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Copyright Office Holds Hearing on Resale Royalty Legislation

Posted by Nicholas O'Donnell on May 14, 2013 at 11:57 AM

The United States Copyright Office solicited public comment last year on possible droite de suite, or resale royalty legislation. As addressed previously, state law attempts to regulate artists’ rights to resale royalties have been struck down as unconstitutional. Among the issues that the Copyright Office grappled with is the basic question of incentive: if a copyright royalty were paid on sales subsequent to the first sale, what effect does that have on the economic incentive to create art? Who benefits? Who is harmed?

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Topics: Resale Royalties, Copyright Act, Resale Royalty, Copyright, Copyright Office, Calinfornia Resale Royalty Act

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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.

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