"California's Resale Royalty Act was signed into law in 1976. The resale right has its origins in the French law droite de suite, first enacted in 1920, which provided French artists the right to receive a royalty from resales of their work.[3]
The droite de suite reflects both the idea that artists have certain moral rights in their works (such as the inalienable right to be associated with their works) and the economic concern that artists often are unable to benefit from the full value of their works, where they have low bargaining power in initial sales or where their works appreciate significantly in value after the first sale.[4]
As of 2012, over 60 countries across the world recognize some version of the resale right."
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"The Commerce Clause has been interpreted by the Supreme Court as not only affirmatively granting to Congress the power to regulate commerce among the states, but also, by negative implication, prohibiting the states from unjustifiably discriminating against or burdening the flow of interstate commerce.[9]
A state regulation violates the Commerce clause where it “directly controls commerce occurring wholly outside the boundaries of a State.
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pending appeal inalienable right to be associated with their works)
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