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| FEATURED NEWSNEW Pro Bono Clinic Pilot Program California Lawyers for the Arts (CLA) is holding pro bono clinics for creative artists and independent inventors to quickly meet with an attorney to answer simple legal questions. Act fast as clinic slots are limited and quickly fill-up! All applicants need to be financially screened to qualify for pro bono financial assistance. If your case is accepted to the clinic, an attorney and meeting time will be assigned. Sessions usually last 20-30 minutes and can take place either in person, by video-conference, or by phone. A small admin fee is collected for most clinics (CLA members pay $5, non-members pay $15). If interested in the clinic, please apply online via CLA's pro bono financial screening application. Describe your legal question(s) and note your interest in the clinic. We look forward to hearing from you soon! | CLA BY THE NUMBERS July 1, 2017 to June 30, 2018 In our 43rd Fiscal Year 641 Persons were members of CLA 424 Clients received legal assistance from the Lawyer Referral & Information Service (LRIS) 789 persons attended 42 CLA statewide educational programs in-person 5,526 persons viewed 8 livestreamed programs 52 attorneys received Mandatory Continuing Education Credits (MCLE) 2,469 individuals and organizations participated in alternative dispute resolution services (ADR) 1,169 cases were resolved 32 persons received mediation training 730 youth were trained as peer mediators 50 deserving teens were placed in arts internships and attended 12 job readiness workshops 77 persons confined in 5 county jails participated in demonstration art classes CLA's website averaged 53,173 page views per month People from 184 countries visited CLA's website |
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CA Resale Royalties Act Preempted by Copyright Act
On July 6, 2018, a panel of the Ninth Circuit ruled that California’s Resale Royalties Act only applies to art sales conducted prior to 1978.
See this article about the decision from The New York Times: California Tried to Give Artists a Cut. But the Judges Said No
See below a synopsis of the opinion. BYBEE, Circuit Judge:
The California Resale Royalties Act ("CRRA") grants artists an unwaivable right to 5% of the proceeds on any resale of their artwork under specified circumstances. To that end, the CRRA requires the seller of the artwork or the seller's agent to withhold 5% of the resale price and pay it to the artist or, if the artist cannot be found, to the California Arts Council. If the seller or the seller's agent fails to pay the 5% resale royalty, the artist may bring an action for damages.
Plaintiffs are artists and their successors in interest seeking resale royalties under the CRRA from the statute's effective date of January 1, 1977, to the present. The issue in this case is whether plaintiffs' claims are preempted by federal copyright law. The district court held that they are, as a matter of both express and conflict preemption.
We affirm in part and reverse in part. Plaintiffs' CRRA claims covered by the 1976 Copyright Act—i.e., those concerning sales postdating the 1976 Act's effective date of January 1, 1978—are expressly preempted by 17 U.S.C. § 301(a). We therefore affirm dismissal of those claims.
The 1909 Copyright Act, however, has no express preemption provision. As such, plaintiffs' CRRA claims covered only by the 1909 Act—i.e., those concerning sales that occurred between the CRRA's effective date of January 1, 1977, and the 1976 Act's effective date of January 1, 1978—cannot be expressly preempted. Nor are they preempted by conflict preemption. See Morseburg v. Balyon, 621 F.2d 972, 977-78 (9th Cir. 1980). Accordingly, we reverse dismissal of those claims and remand them to the district court for further proceedings.
National Resale Royalties for Visual Artists?
In a law review article published in the Cybaris Intellectual Property Law Review, CLA Executive Director Alma Robinson makes the case for federal legislation, which would allow US artists to receive resale royalties in more than 70 countries around the world.
11th annual artistic license awardsThanks to everyone who supported CLA's 11th Annual Artistic License Awards (ALA) held on May 5th, 2018 at the University of San Francisco, California. Celebrating 40+ years of service throughout California, and 25 years of Spotlight on the Arts Youth Programs, the ALA recognizes individuals and organizations who have had an extraordinary impact on our communities by inspiring participation and increasing support for the creative arts community in California. This year, CLA was honored to present Artistic License Awards to Recology; Senator Lori Hancock; Donn K. Harris; and Lowenstein Sandler. CLA would also like to extend a special thank you to our 2018 ALA major sponsors, including: Carol and Merit Hancock Memorial Fund; The Quentin Hancock Fund; Fish & Richardson; Keker Van Nest & Peters; Lowenstein Sandler; Orrick; and Recology. All photos by Kaz Tsuruta.
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