Quimbee logo
DMCA.com Protection Status

Close v. Sotheby's, Inc.

894 F.3d 1061 (2018)

Case BriefRelatedOptions
From our private database of 32,100+ case briefs...

Close v. Sotheby’s, Inc.

United States Court of Appeals for the Ninth Circuit

894 F.3d 1061 (2018)

Facts

The California Resale Royalty Act (CRRA), effective January 1977, gave artists an unwaivable right to receive resale royalties from any resale of their artwork in California until 20 years after the artist’s death. In 2011, Chuck Close (plaintiff) and other artists sued Sotheby’s, Inc. (defendant), an auction house, for failing to pay CRRA royalties on resales. Sotheby’s challenged CRRA, arguing it conflicted with the first-sale doctrine and was (1) expressly preempted by the Copyright Act of 1976 (1976 Act); and (2) conflict preempted by the Copyright Act of 1909 (1909 Act) for sales before the 1976 Act’s effective date in January 1978. The district court struck down CRRA, holding it was expressly preempted by the 1976 Act and conflict preempted by the 1909 Act. Close appealed, arguing CRRA was not preempted by the 1976 Act because (a) CRRA mandated resale royalties but did not restrict a buyer’s right to freely resell purchased works under the first-sale doctrine and (b) artists could replicate CRRA’s resale royalty rights by private contract.

Rule of Law

Issue

Holding and Reasoning (Bybee, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 582,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 582,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 582,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership