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The California Resale Royalty Act: Droit De [Not So] Suite

Emily Barker

affiliation not provided to SSRN

12 10, 2009

Hastings Constitutional Law Quarterly, Vol. 38, No. 2, 2011

It is a generally accepted principal that an artist owns certain rights to exploit the economic value of his works. In the United States an artist’s rights are protected by various provisions of the federal copyright laws. These pecuniary rights exist largely in the same form across the globe, however, some countries, and now the state of California, have begun to recognize personal rights of artists in their work. These moral rights, or droit moral, are retained by the artist even after a work is sold. The particular moral right that this paper is concerned with is the droit de suite or “art proceeds right.” The droit de suite grants artists the right to receive a royalty based on the resale of his work. It is the proposition of this paper that California’s statutory version of droit de suite, California Civil Code Section 986 (“Resale Royalty Act”), effects a Fifth Amendment taking of private property and thus, at a minimum, requires just compensation.

Number of Pages in PDF File: 22

Keywords: Constitution, Art, California Resale Royalty Act, Fifth Amendment, Taking

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Date posted: August 21, 2010 ; Last revised: September 13, 2010

Suggested Citation

Barker, Emily, The California Resale Royalty Act: Droit De [Not So] Suite (12 10, 2009). Hastings Constitutional Law Quarterly, Vol. 38, No. 2, 2011. Available at SSRN: http://ssrn.com/abstract=1663016

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Emily Barker (Contact Author)
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