tag:blogger.com,1999:blog-2941976044448685733.post8618065999363719642..comments2023-06-20T13:09:56.441+01:00Comments on Art and Artifice: Litigating the Californian "droit de suite" ?Mollyhttp://www.blogger.com/profile/13355163599192206484noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2941976044448685733.post-21738941615878896682011-11-14T18:40:11.242+00:002011-11-14T18:40:11.242+00:00> of what aspect of the constitution
> they ...> of what aspect of the constitution<br />> they might be in conflict with<br /><br />My suspicion is that the scheme may not be limited enough to be considered to not violate <a href="http://en.wikipedia.org/wiki/Commerce_Clause" rel="nofollow">the Commerce Clause</a>. I don't know what the exact limitations are in this law, but if all three of the buyer, seller, and artist must all be Californian, it seems a bit pointless.mathinkerhttps://www.blogger.com/profile/02540927069321621930noreply@blogger.comtag:blogger.com,1999:blog-2941976044448685733.post-33835537549433303262011-11-09T01:26:41.969+00:002011-11-09T01:26:41.969+00:00Have read that there are untested constitutional ...Have read that there are untested constitutional issues about the Californian scheme, but have not seen a clear explanation of what aspect of the constitution they might be in conflict with.... Do you know??pedestriannoreply@blogger.comtag:blogger.com,1999:blog-2941976044448685733.post-90078716797015727102011-11-04T20:51:35.388+00:002011-11-04T20:51:35.388+00:00> This law was inspired to the European visual
...> This law was inspired to the European visual<br />> artists royalties known as the French "droit de<br />> suite" now spread throughout the European Union,<br />> thanks to the implementation of the European<br />> Directive 2001 /84, that took effect, also in<br />> Ireland and Great Britain, which previously<br />> didn't allow visual artist's resale royalties.<br /><br />Even if the implementation of that EU directive has caused the spread of resale royalties throughout Europe, it is unclear how "evenly spread" that spreading actually is. A review of the situation undertaken in 2003 during the debate over "harmonization" of Australian law stated:<br /><br />>> of the eleven EU Member States that currently<br />>> have droit de suite legislation, seven do not<br />>> enforce it, or at the very least, do not enforce<br />>> it on a regular basis.<br /><br />(from a 2003 Media & Arts Law Review article "THE RESALE ROYALTY AND AUSTRALIAN VISUAL ARTISTS: PAINTING THE FULL PICTURE"). Many people do not believe that resale royalties are likely to benefit more than a small minority of artists. To see some comments from the view of some Australian artists and art dealers, see the discussion at Professor Jeremy Phillips' 1709 blog<br />http://the1709blog.blogspot.com/2010/12/artist-resale-royalty-harmonisation-and.html .mathinkerhttps://www.blogger.com/profile/02540927069321621930noreply@blogger.com