Need a Lawyer?California Lawyers for the Arts is a State Bar of California Certified Lawyer Referral & Information Service [LRIS]. If you're a creative artist, arts organization, independent inventor — or someone with a creative arts legal matter — we can match you with a qualified attorney.
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Need a Mediator or Arbitrator?The Arts Arbitration and Mediation Services [AAMS] has been providing alternative dispute resolution for creative artists since 1980. AAMS was the first alternative dispute resolution program in the country created for the arts and entertainment communities.
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Need Legal Information?California Lawyers for the Arts offers in-person workshops, special events, and seminars throughout California — plus online educational programs, videos, podcasts, online bookstore, online links and resources for the creative arts and innovation community.
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In-Person Workshops, Seminars & Events
In the News
NEW Pro Bono Clinic Pilot Program!
California Lawyers for the Arts (CLA) is holding pro bono clinics for creative artists and independent inventors to quickly meet with an attorney to answer simple legal questions. Creative artists and independent inventors are encouraged to apply for the clinic. Act fast as clinic slots are limited and quickly fill-up! All applicants need to be financial screening to qualify for pro bono financial assistance. If your case is accepted to the clinic, an attorney and meeting time will be assigned. Sessions usually last 20-30 minutes and can take place either in person, by video-conference, or by phone. A small admin fee is collected for most clinics (CLA members pay $5, non-members pay $15). If interested in the clinic program, please apply online via CLA's pro bono financial screening application: https://www.calawyersforthearts.org/financial-screening-application-form.html. Describe your legal question(s) and note your interest in the clinic. We look forward to hearing from you soon!
CA Resale Royalties Act Preempted by Copyright Act
On July 6, 2018, a panel of the Ninth Circuit ruled that California’s Resale Royalties Act only applies to art sales conducted prior to 1978.
See this article about the decision from The New York Times: California Tried to Give Artists a Cut. But the Judges Said No
See below a synopsis of the opinion. BYBEE, Circuit Judge:
The California Resale Royalties Act ("CRRA") grants artists an unwaivable right to 5% of the proceeds on any resale of their artwork under specified circumstances. To that end, the CRRA requires the seller of the artwork or the seller's agent to withhold 5% of the resale price and pay it to the artist or, if the artist cannot be found, to the California Arts Council. If the seller or the seller's agent fails to pay the 5% resale royalty, the artist may bring an action for damages.
Plaintiffs are artists and their successors in interest seeking resale royalties under the CRRA from the statute's effective date of January 1, 1977, to the present. The issue in this case is whether plaintiffs' claims are preempted by federal copyright law. The district court held that they are, as a matter of both express and conflict preemption.
We affirm in part and reverse in part. Plaintiffs' CRRA claims covered by the 1976 Copyright Act—i.e., those concerning sales postdating the 1976 Act's effective date of January 1, 1978—are expressly preempted by 17 U.S.C. § 301(a). We therefore affirm dismissal of those claims.
The 1909 Copyright Act, however, has no express preemption provision. As such, plaintiffs' CRRA claims covered only by the 1909 Act—i.e., those concerning sales that occurred between the CRRA's effective date of January 1, 1977, and the 1976 Act's effective date of January 1, 1978—cannot be expressly preempted. Nor are they preempted by conflict preemption. See Morseburg v. Balyon, 621 F.2d 972, 977-78 (9th Cir. 1980). Accordingly, we reverse dismissal of those claims and remand them to the district court for further proceedings.
See this article about the decision from The New York Times: California Tried to Give Artists a Cut. But the Judges Said No
See below a synopsis of the opinion. BYBEE, Circuit Judge:
The California Resale Royalties Act ("CRRA") grants artists an unwaivable right to 5% of the proceeds on any resale of their artwork under specified circumstances. To that end, the CRRA requires the seller of the artwork or the seller's agent to withhold 5% of the resale price and pay it to the artist or, if the artist cannot be found, to the California Arts Council. If the seller or the seller's agent fails to pay the 5% resale royalty, the artist may bring an action for damages.
Plaintiffs are artists and their successors in interest seeking resale royalties under the CRRA from the statute's effective date of January 1, 1977, to the present. The issue in this case is whether plaintiffs' claims are preempted by federal copyright law. The district court held that they are, as a matter of both express and conflict preemption.
We affirm in part and reverse in part. Plaintiffs' CRRA claims covered by the 1976 Copyright Act—i.e., those concerning sales postdating the 1976 Act's effective date of January 1, 1978—are expressly preempted by 17 U.S.C. § 301(a). We therefore affirm dismissal of those claims.
The 1909 Copyright Act, however, has no express preemption provision. As such, plaintiffs' CRRA claims covered only by the 1909 Act—i.e., those concerning sales that occurred between the CRRA's effective date of January 1, 1977, and the 1976 Act's effective date of January 1, 1978—cannot be expressly preempted. Nor are they preempted by conflict preemption. See Morseburg v. Balyon, 621 F.2d 972, 977-78 (9th Cir. 1980). Accordingly, we reverse dismissal of those claims and remand them to the district court for further proceedings.
National Resale Royalties for Visual Artists?
In a law review article published in the Cybaris Intellectual Property Law Review, CLA Executive Director Alma Robinson makes the case for federal legislation, which would allow US artists to receive resale royalties in more than 70 countries around the world.
Eleventh Annual Artistic License Awards a Success!Thank you to everyone who supported CLA's 11th Annual Artistic License Awards held on Saturday, May 5, 2018, at the University of San Francisco, California. Celebrating 40+ years of services throughout California CLA, and 25 years of Spotlight on the Arts Youth Programs, the ALA recognizes individuals and organizations who have had an extraordinary impact on our communities by inspiring participation and increasing support for California arts.
This year, CLA was honored to present Artistic License Awards to Recology; Senator Loni Hancock; Donn K. Harris; and Lowenstein Sandler. CLA would also like to extend a special thank you to our 2018 Artistic License Awards major sponsors: Carol and Merit Hancock Memorial Fund; The Quentin Hancock Fund; Fish & Richardson; Keker Van Nest & Peters; Lowenstein Sandler; Orrick; and Recology. All photos by Kaz Tsuruta
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Help CLA Launch a Live Streaming YouTube Channel for Workshops!
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CLA would like to begin streaming its in-person statewide workshops and seminars online! This means in-person workshops and seminars could be attended live — wherever you are. Help CLA reach the 1,000 subscriber level which will open-up tools on YouTube to allow CLA to offer a full-service, live-streaming product. Visit CLA's YouTube Channel to subscribe, or click the YouTube button below so we can reach the 1,000 subscriber level ASAP (ask your friends and family to subscribe too). Thank you for your support of this initiative!
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Arts for Justice Fund Grant Awarded to CLA
California Lawyers for the Arts (CLA) was awarded a grant from the new Art for Justice Fund to support a series of public policy convenings on arts and justice issues in six states during 2018. The goal of the Fund is to reduce mass incarceration by 20% in selected states over the next five years.
CLA is collaborating with arts and justice reform leaders to produce one-day Art for Justice Forums, which will include videotaped symposia, facilitated networking dialogues and art exhibitions in Alabama, Texas, Georgia, Michigan, New York and California. These states were selected because they have large numbers of incarcerated persons or high per capita rates of incarceration according to statistics provided by the federal Department of Justice. For more information, please send inquiries to aic@calawyersforthearts.org
CLA Executive Director Alma Robinson described the goal of these forums: "We will facilitate dialogues between arts leaders, justice reform advocates, corrections departments and legislators that will result in an enhanced role for the arts in increasing measurable rehabilitation outcomes for incarcerated persons while raising awareness of their humanity and supporting the reentry of returning citizens." In addition, she said, "the process of collaborating to organize these forums in different states will provide opportunities for arts organizations to work with each other and to align with organizations committed to justice reform that will result in heightened awareness of the value of the arts for community and economic development."
CLA was awarded one of 30 grants from the new Art for Justice Fund to facilitate six Art for Justice Forums in Michigan, Texas, Georgia, Alabama, California and New York during 2018. These one-day forums are designed to engage the arts in justice reform efforts and increase support for arts in corrections and re-entry programs. A total of 200 persons, including elected legislators, artists, returned citizens, educators,
CLA is collaborating with arts and justice reform leaders to produce one-day Art for Justice Forums, which will include videotaped symposia, facilitated networking dialogues and art exhibitions in Alabama, Texas, Georgia, Michigan, New York and California. These states were selected because they have large numbers of incarcerated persons or high per capita rates of incarceration according to statistics provided by the federal Department of Justice. For more information, please send inquiries to aic@calawyersforthearts.org
CLA Executive Director Alma Robinson described the goal of these forums: "We will facilitate dialogues between arts leaders, justice reform advocates, corrections departments and legislators that will result in an enhanced role for the arts in increasing measurable rehabilitation outcomes for incarcerated persons while raising awareness of their humanity and supporting the reentry of returning citizens." In addition, she said, "the process of collaborating to organize these forums in different states will provide opportunities for arts organizations to work with each other and to align with organizations committed to justice reform that will result in heightened awareness of the value of the arts for community and economic development."
CLA was awarded one of 30 grants from the new Art for Justice Fund to facilitate six Art for Justice Forums in Michigan, Texas, Georgia, Alabama, California and New York during 2018. These one-day forums are designed to engage the arts in justice reform efforts and increase support for arts in corrections and re-entry programs. A total of 200 persons, including elected legislators, artists, returned citizens, educators,
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arts and justice reform organizations, and others participated in our first two forums at the University of Michigan in Ann Arbor on April 3 and at the Houston Museum of African American Culture on July 14. A short video that recaps the Michigan Art for Justice Forum is linked here. Additional project funding has been contributed by the Andy Warhol Foundation for the Visual Arts and the Quentin Hancock Fund as well as the Texas Commission on the Arts and the Georgia Council on the Arts.
CLA's Arts in Corrections Initiative, which was started in 2011 in collaboration with the William James Association, resulted in the successful restoration of state funding for arts programs in California prisons starting with a $2.5 million pilot project for two years in 2014. An $8 million/year contract from the state's Department of Corrections and Rehabilitation to the California Arts Council now provides arts programs in all 35 state prisons. |
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NORTH BAY FIRES:
National Coalition for Arts' Preparedness & Emergency Response
If you're an artist affected by the North Bay fires--and need pro bono legal assistance with insurance claims, FEMA claims, or other legal matters--please contact CLA now at 888-775-8995 or use our online pro bono application form HERE. We look forward to assisting you as part of the National Coalition for Arts' Preparedness & Emergency Preparedness Response.
Join CLA and Save!
CLA members save up to 50% on in-person workshops and in CLA's NEW online Education Portal. CLA members save 43% on lawyer referral administrative fees, and also receive coupons for up to 25% off on books in CLA's online bookstore. Becoming a member also supports CLA's local, state and federal advocacy efforts on behalf the creative arts and innovation community. Join CLA today and save!
Support CLA with a Donation
Support California Lawyers for the Arts and its many programs with a tax-deductible donation today! California Lawyers for the Arts is a tax exempt 501(c)(3) organization and your donation is tax deductible as a charitable contribution to the fullest extent of the law.
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CLA by the Numbers
July 1, 2016 to June 30, 2017 In our 42nd fiscal year:
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