Howard Morseburg v. Andre Balyon and California Arts Council, an Agency of the State of California v. Richard Mayer and Peter Alexander, in Intervention-Appellees

621 F.2d 972 207 U.S.P.Q. 183 , 1978-81 Copr.L.Dec. 25,161 Howard MORSEBURG, Plaintiff-Appellant, v. Andre BALYON and California Arts Council, an agency of the State of California, Defendants-Appellees, v. Richard MAYER and Peter Alexander, Defendants in Intervention-Appellees. No. 78-2129. United States Court of Appeals, Ninth Circuit. June 17, 1980. Richard K. Simon, Los Angeles, Cal., argued, for plaintiff-appellant. Gary Greenfield, Los Angeles, Cal., for amicus. Henry G. Ullerich, Deputy Atty. Gen., Los Angeles, Cal., argued, for defendants-appellees. John J. Davis, Jr., San Francisco, Cal., for amicus. Appeal from the United States District Court for the Central District of California. Before: SNEED, SCHROEDER and ALARCON, Circuit Judges. SNEED, Circuit Judge: 1 Appellant is an art dealer. On March 24, 1977, he sold two paintings under such circumstances as to require him to pay royalties under the California Resale Royalties Act (California Act), which is set forth in full in the margin. 1 He thereupon brought suit challenging the Act's constitutionality, claiming that it is preempted by the 1909 Copyright Act 2 and that it violates due process and the Contracts Clause of…