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Does Proposed Resale Royalty for Visual Art Conflict With Copyright Act?

By William L. Charron
June 02, 2014

In the entertainment industry, there are many buyers and sellers of visual art works. This article considers proposed legislation in the U.S. Congress calling for a resale royalty for art creators.

Earlier this year, Congressman Jerrold Nadler (D-NY) introduced H.R. 4103'in the U.S. House of Representatives. The proposed legislation is known as the American Royalties Too Act of 2014, or the ART Act. Senators Edward Markey (D-MA) and Tammy Baldwin (D-WI) introduced similar legislation, S.2045, at the same time. The ART Act would amend the U.S. Copyright Act, 17 U.S.C. ”101, et seq. , to provide for a resale royalty right for the authors of certain “works of visual art.”

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