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The Ninth Circuit ruled Friday that a California state law that required artists be paid royalties from auction sales only applies to art that was sold before the establishment of the federal Copyright Act.
The appellate panel affirmed the district court, finding that the Copyright Act, which went into effect in 1978, preempted the Golden State's law. Under the first-sale doctrine of the federal law, the owner of a copyrighted work is allowed to sell it without seeking permission of its creator.
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