The Ninth Circuit Court of Appeals has ruled that the California Resale Royalties Act is unconstitutional, but has allowed the law to remain on the books if the objectionable portion of the law is removed, keeping the resale royalty provided the sales take place within California.  Some speculate as to wether this may prevent major auctions from happening in the State.   (more…)

A coalition of UK-based artists is leading a legal push against dealers who have refused to pay the resale royalties on artworks sold at auction since the British Government passed legislation mandating the payouts in 2006.“The honeymoon period is now over,” says artist Maggi Hambling, who is leading the charge against dealers. “The law changed in 2006 and there are people who are still trying to get away without paying. I’m not saying all dealers are crooks. But it’s high time that everyone was doing the right thing.” (more…)

China is currently considering legislation that would guarantee artists royalty payments anytime their art is resold at auction.  These rights to a percentage of an artist’s resale price, referred to as “droit de suite” rights, are part of a new copyright law proposal that would bring China closer to European copyright standards, and is already causing fierce debate in the Chinese art market.  “Droit de suite may stifle the development of the market,” wrote Ji Tao, an auction industry expert at China Culture Daily, but: “From the point of view of the artists and authors, droit de suite is a good thing, because every transaction means gains.” (more…)