The U.S. Supreme Court has declined to hear an appeal of last year’s Ninth Circuit decision striking down part of the California Resale Royalty Act, reports Lexology.

Writes Nicholas M. O'Donnell of Sullivan & Worcester LLP: "The law provided royalties to artists on sales after the work leaves the artists’ ownership, on the grounds that artists often fail to enjoy the benefit of an increase in value in their works. 

The denial means that the Ninth Circuit opinion is the final word on the California law, which will not apply to sales outside of California, whether or not the artist is a California resident."

He concludes, "I would expect royalty proponents to use this result to argue the need for a unified national policy, rather than royalties in one place and no royalties in another."

Proponents of change continue efforts at the national level, notably, Congressman Jerrold Nadler (NY-10) who has repeatedly brought forward the American Royalties Too (ART) Act, saying, “I firmly believe that the time has come for us to establish a resale royalty right here in the United States.  By adopting a resale royalty, the United States would join the rest of the world in recognizing this important right.  The ART act would ensure that American artists also benefit whenever and wherever their works are sold, whether in New York, London, or Paris."