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Re: [dvd-discuss] Nutty art laws (CRRA) about resale of art.

Thanks for making my day....

As for what to do with the law...scrap it. It violates first sale 
doctrine.....you know there seems to be a common thread 
here...what you buy you don't own anymore...you are leasing it or 
you are the custodian - what nonsense!

Date sent:      	Fri, 16 Nov 2001 20:18:10 -0500 (EST)
From:           	Scott A Crosby <crosby@qwes.math.cmu.edu>
To:             	<dvd-discuss@eon.law.harvard.edu>
Subject:        	[dvd-discuss] Nutty art laws (CRRA) about resale of art.
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> You think that these laws are strange, well, check out:
>    http://www.artswire.org/current/2000/cur032100.html
> which basically says that each time someone sells an artwork in
> britian, the origional artist gets 2-4% royalty.. Cute, but
> regretabily, this is not a British invention.
> Cause of the ``California Resale Royalty Act''
> http://www.cac.ca.gov/secondary_page/programs/CA_Resale_Royalties%20Ac
> t.htm which:
>     ``Under this law, if a work of art is resold for $1,000 or more
>     and
>       that price exceeds the price the seller paid for that work of
>       art, the seller must pay the artist five percent of that resale
>       price. It is the seller's obligation to locate the artist and
>       pay the royalty due.''
> And, it applies for the lifetime of the artist+28 years?!?!?
> Here's a choice quote:
>     ``"This right of artists to share in the appreciated value of
>     their
>       works when resold is important both in principle and in dollars,
>       CAC states.''
> As purchasing something like art for appreciation is a risk, something
> that the origional artist will not accrur, this law seems unbalanced.
> It rewards someone for doing nothing. I propose that an amendment be
> made, such that if the cost of the artwork depreciates, the artist is
> liable for 5% of the difference.
> Its only fair, don't you think?
> Well, either that, or repeal the law, both there, and around the world
> [partial legal analysis of this type of law around the world
> http://www.google.com/search?q=cache:FuQKyzXdtaw:www.simpsons.com.au/l
> ibrary/documents/visarts/visarts89/9Artists.pdf+CALIFORNIA+RESALE+ROYA
> LTY+ACT+&hl=en]
> Scott
> PS: After hearing about this, I will never purchase an artwork in
> california or from a california artist.
> PPS: Damned whiney artists.