Bad News for Artists: California’s Resale Royalty Act Ruled Unconstituional
California’s Art Resale Royalty Act has been declared unconstitutional by now former Central District of California Judge Jacqueline Nguyen. Judge Nguyen issued her ruling on May 12, two days before she received her commission to become a judge on the Ninth Circuit Court of Appeals. She found the Resale Royalty Act to be unconstitutional because it violates the Commerce Clause of the United States Constitution.
The decision will no doubt be appealed to the Ninth Circuit, where Judge Nguyen will not be able to participate.