Express preemption provision in the 1976 Act, together with the provisions on distributions and first sale, preempt state law requiring royalties to the original artist on subsequent sales. Statements of subsequent Congress as to the preemption implied by VARA can't be imputed to the earlier law. Earlier precedent establishing that the 1909 Act did not preempt these claims incorporated common-law notions of distribution and first sale, and is therefore still viable for those claims.
Substantive Due Process undercuts Takings argument, but ultimately a question for remand.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/06/16-56234.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.