"PASADENA, Calif. (CN) – Attorneys in a seven-year class action lawsuit between a group of California artists and Sotheby’s and Christie’s sparred before a Ninth Circuit panel Tuesday over whether a state law requiring royalties from auction sales is pre-empted by federal copyright law.
Tuesday’s session marks the second time the case has come before the Ninth Circuit. This time, the artists seek reversal of U.S District Judge Michael Fitzgerald’s finding of pre-emption in April 2016.
The California Royalty Resale Act requires resellers of fine art to pay a 5 percent royalty to the creator if the seller is based in California or the sale takes place in the Golden State."
