9th Circuit: State Copyright Royalty Statute Largely Preempted

Mealey's (July 12, 2018, 7:57 PM EDT) -- SAN FRANCISCO — A California federal judge’s dismissal of claims for resale royalties under the California Resale Royalties Act was partly affirmed and partly reversed July 6 by the Ninth Circuit U.S. Court of Appeals, which agreed that the state statute is preempted by the federal Copyright Act except for a single calendar year, in 1977 (Chuck Close, et al. v. Sotheby’s Inc., No. 16-56234; Chuck Close, et al. v. Christies Inc., No. 16-56235; Chuck Close, et al. v. eBay Inc., No. 16-56252, 9th Cir., 2018 U.S. App. LEXIS 18407)....