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Resale Royalty: To Act Or Not To Act; US Copyright Office Issues Notice re Public Hearing

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By Irina Tarsis

On March 29, 2013, the United States Copyright Office published a Federal Notice 78 FR 19326 announcing the upcoming Public Hearing or a Public Roundtable (the "Hearing") regarding the merits of implementing a Federal Resale Royalty Act in the United States. The Public Roundtable on resale royalty issues is a logical next step after the Copyright Office reviewed submissions for and against implementing such and act in the United States, all were due on November 5, 2012.* For a summary of the  Copyright Office's steps toward the review, read US Copyright Office to Review Artist Resale Royalty.

In total, 59 comments from individuals and organizations were submitted to the Copyright Office, including comments from Center for Art Law*, California Lawyers for the Arts, Sotheby's and Christie's, Societa' Italiana Degli Autori Editori (SIAE) and the Irish Visual Artists Rights Organization (IVARO). The Federal Notice summarizes what these comments contain and posits questions for discussion, including Constitutional concerns and potential effects of a federal law on the art market.

The Hearing will take place on April 23, 2013 in Washington, DC. Those interested in presenting their viewpoints should register by April 12 online.  The program will include four panels:

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.