Episode 14: Equitable Resale Royalties
This episode of the podcast discusses resale royalties. Special Guest Brian L. Frye, Spears-Gilbert Associate Professor of Law, University of Kentucky College of Law, author of upcoming article “Equitable Resale Royalties.” Essentially, the premise is that in many European countries artists are entitled to a percentage of the sale price of their artworks every time they are resold. California enacted a similar law, but it was recently found unconstitutional on both dormant commerce clause & first sale/preemption grounds by the courts. People are pushing for a federal resale right. There is a lot of disagreement about the wisdom & justification of such a right – a lot of scholars are opposed, primarily on economic efficiency grounds, but the response is based in fairness & equity.
Brian assumes for the sake of argument that we should adopt resale royalties & ask what an equitable resale royalty right regime could & should look like.
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