October 25, 2011

Joshua Kaufman quoted in Los Angeles Times on “resale royalty” case

1 min

Venable partner Joshua Kaufman was quoted in an October 25, 2011 Los Angeles Times article on a case involving California’s “resale royalty” law. The law states that artists whose work is resold are entitled to 5% of the sales price if the transaction occurs in California or if the seller resides in the state and meets certain other conditions.

Kaufman, who represents the defendant in the case, filed a motion for summary judgment saying, “As we spelled out in the proceedings, Mr. Valentine didn't sell any of the works [directly], he used a third party. And the language of the law is clear: Whether at an auction or gallery, when a third party sells the work, it's incumbent on them to collect the fees and distribute them.” Kaufman added that there has been “very little litigation around the statue. There may have been trial level lawsuits between people, but nothing that's gone up to appellate court that's made or changed the law.”

Partner Alan Epstein and associate Tamany Bentz , both of the Los Angeles office, are also working on the case with Kaufman.