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CALIFORNIA LAWYERS FOR THE ARTS & THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) RECOGNIZE 

PATENT ATTORNEYS, COMPANIES AND LAW FIRMS WHO DONATE THEIR VALUABLE TIME & LEGAL SERVICES TO THE

CALIFORNIA INVENTORS ASSISTANCE PROGRAM ("CIAP")!

CIAP PATENT PRO BONO ATTORNEYS WHO HAVE DONATED 50+ HOURS IN 2018 ARE LISTED BELOW!

You may check out the full listing of Certificate Recipients for 2018 online at

https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/certificate-recipients


William D. Jacobs, Jr.

Womble Bond Dickinson (US), LLP
California Inventors Assistance Program 2018
Dan E. Ovanezian

Womble Bond Dickinson (US), LLP
California Inventors Assistance Program 2018
Michael C. Sutliffe

Womble Bond Dickinson (US), LLP
California Inventors Assistance Program 2018
Jon L. Wolfsberger

Womble Bond Dickinson (US), LLP
California Inventors Assistance Program 2018
Samuel J. Noel
 
Lowenstein Sandler, LLP 
                  California Inventors Assistance Program 2018
Rinat H. Shangeeta
 
Lowenstein Sandler, LLP 
                  California Inventors Assistance Program 2018
Mary Kristi Nicholes

Lowenstein Sandler, LLP 
                  California Inventors Assistance Program 2018
Cicero H. Barbham

Lowenstein Sandler, LLP 
                  California Inventors Assistance Program 2018


Martin R. Arastafar



RingCentral, INC.


                  California Inventors Assistance Program


2018



Early Bird Registration Open - Click Here to Register


California Lawyers for the Arts and the William James Association

in collaboration with Santa Clara University

and the Justice Arts Coalition

present

Arts in Corrections: Reframing the Landscape of Justice

at

Santa Clara University

500 El Camino Real, Santa Clara, CA 95053

For more information, please contact: aic@calawyersforthearts.org

Early Bird Registration Open - Click Here to Register


Jimmy Santiago Baca, the conference artist-in-residence, is a prolific writer whose published works include 18 books of poetry, fiction and nonfiction. A Place to Stand, his best selling memoir that was turned into a documentary, describes growing up as an orphan in New Mexico and learning how to read and write poetry in prison.  His most recent work, When I Walk Through That Door, I Am: An Immigrant Mother's Quest for Freedom, traces the journey of an immigrant woman searching for her four-year-old son after being separated at the US-Mexico border. A winner of the American Book Award, the Pushcart Award, an honorary doctorate from the University of New Mexico and numerous other honors, he facilitates writing workshops worldwide in prisons, youth detention facilities and alternative schools for at risk youth.  After writing a Mexican Roots series for HBO, he established a non-profit, Cedar Tree, Inc. that provides free books through its bookmobile and sends interns to assist teachers in rural communities. During his residence at the upcoming Arts in Corrections conference at Santa Clara University, he will present a key note address, teach a poetry class and provide a training program for artists teaching in correctional institutions.

ARTIST-IN-RESIDENCE & KEYNOTE SPEAKER JIMMY SANTIAGO BACA 

                

                    

NEWSFLASH:  UPCOMING EVENTS

SAVE $5 by registering and paying online!  You can save 50% or more by joining CLA before registering for an event!  And then, visit the Event Registration page to sign up at a discount.

For all Upcoming events and workshops, CHECK OUT the following link:   https://calawyersforthearts.org/calendar.html/

NEWS


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.

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.



              


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