An article written by Forrest Prull (`12) has been published in the inaugural issue of the Berkeley Journal of Entertainment and Sports Law. The title of his paper is, “The California Resale Royalty Act and the Fifth Amendment: Why the Act Survives Takings Challenges.”
Prull’s article presents analysis of takings law in the context of the California Resale Royalty Act, a fairly unique statute, and contributes to the debate about artists’ rights in the United States by making the case that as far as the Fifth Amendment is concerned, the U.S. would be constitutionally permitted to adopt a federal statute similar to the California Resale Royalty Act.
The article explores and rebuts the position that the California statute is a physical taking by illustrating through the use of precedent and analysis of the arguments that the proper analysis is a regulatory takings analysis and not a physical takings analysis. Under a regulatory takings analysis, the article demonstrates that the statute is not a taking under the Fifth Amendment. The article also raises the possibility that a takings argument, because of particular case law, may not be heard by the courts.
The new online journal at the University of California, Berkeley features scholarly articles, op-ed style submissions from practitioners and a steady diet of relevant news, cases, article comments and campus events. “Entertainment and sports law are fast-changing fields,” said the journal’s senior external relations editor Cameron Mabrie. “We wanted a way to allow practitioners to write shorter pieces and to have students weigh in. We also have a comment section where both groups can contribute, and a separate portion of the site to analyze significant cases that come down in these areas.”
May 1, 2012