• <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries Mar 30:</b> Carte-de-visite album featuring a previously unrecorded image of Harriet Tubman, 1860s. Sold for $161,000.
    <b>Swann Auction Galleries Jun 7:</b> Hovhannes Amira Dadian, first world atlas in Armenian, Venice, 1849. Sold for $37,500.
    <b>Swann Auction Galleries May 16:</b> T.E. Lawrence, <i>Seven Pillars of Wisdom</i>, privately printed edition, inscribed, London, 1926. Sold for $62,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries, Feb 14:</b> 22 large-format photographs from NASA missions, 1965-84. Sold for $43,750.
    <b>Swann Auction Galleries Mar 21: </b> Charles M. Schulz, <i>Here Comes the Big Polar Bear</i>, pen & ink, 4-panel Peanuts comic strip, 1957. Sold for $12,500.
    <b>Swann Auction Galleries May 4:</b> Elliott Erwitt, photograph of JFK & Eisenhower, signed by both, 1960. Sold for $32,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries, Mar 9:</b> John Milton, <i>Paradise Lost</i>, first edition, London, 1668. Sold for $22,500.
    <b>Swann Auction Galleries Mar 30:</b> Frederick Douglass, Autograph Letter Signed to George Alfred Townsend, Washington, 1880. Sold for $100,000.
    <b>Swann Auction Galleries, Jan 26:</b> <i>Les Maîtres de l'Affiche</i>, 5 volumes, Paris, 1896-1900. Sold for $47,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries May 16:</b> James Joyce, <i>Ulysses</i>, first edition, number 724 on handmade paper, Paris, 1922. Sold for $33,750.
    <b>Swann Auction Galleries, Mar 9:</b> Single leaf of the Gutenberg Bible, Mainz, 1455, in a copy of Newton's <i>A Noble Fragment</i>. Sold for $52,500.
    <b>Swann Auction Galleries Apr 27:</b> The Book of Mormon, first edition, Palmyra, NY, 1830. Sold for $52,500.
  • <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Roland de Lassus. [Songs and madrigals]. Album gathering three collections of secular music for tenor. 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Richard Wagner. <i>Die Meistersinger von Nürnberg.</i> Original edition corrected and annotated by Wagner. 60.000-80.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Claude Debussy. <i>La Damoiselle élue</i>. Lyrical poem, after D.-G. Rossetti. Limited edition of 160 copies. 6.000-8.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Stéphane Mallarmé. Handwritten notebook made by Geneviève Mallarmé. No place or date [circa 1910]. 10.000-15.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Henri Sauguet. <i>Les Forains</i>. Ballet. Reduction for piano. Original edition. 20.000-30.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Athanasius Kircher. <i>Musurgia Universalis sive Ars Magna Consoni et Dissoni in X. Libros digesta.</i> 1650. 30.000-40.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> François Villon, & Clément Marot. <i>Les Œuvres de François Villon de Paris, Reviewed and gathered by Clement Marot.</i> 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Rainer Maria Rilke. <i>Larenopfer</i> (Offrande aux dieux Lares). The second collection of Rainer Maria Rilke, containing ninety poems. 6.000-8.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Paul Éluard. <i>Capitale de la douleur.</i> One of the most beautiful poetic collections from the first surrealist wave. 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Pierre de Ronsard. <i>Les Amours</i> ... newly augmented by him, and commented by Marc Antoine de Muret. 40.000-60.000 €
  • <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Exodus 10:10 to 16:15. Complete Biblical scroll sheet in Hebrew, a Torah scroll panel. Middle East, ca. 10th or 11th century.
    <b>19th Century Shop:</b> Copernicus Refuted. (Astronomy.). Scientific manuscript of a course of studies at Collège de la Trinité, Lyon. 1660s.
    <b>19th Century Shop:</b> Israel’s War of Independence and the Early Days of the IDF. 58 photographs presented to Israel Ber, IDF officer and later convicted spy.
    <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Early Unpublished Darwin letter on the races of man. Autograph Letter Signed [to Henry Denny]. Down, Kent, June 1, [1844].
    <b>19th Century Shop:</b> Classic Image of American Slavery. Kimball, M. H. <i>Emancipated Slaves</i>. New York: George Hanks, 1863.
    <b>19th Century Shop:</b> (Underground Railroad.) Scaggs, Isaac. Important Runaway Slave Poster: $500 Reward Ran away, or decoyed from the subscriber…
  • <b>Bonhams, inviting consignments for Sep 27:</b> Newton. <i>Philosophiae naturalis principia mathematica</i>. London, 1687.
    <b>Bonhams, inviting consignments for Sep 27:</b> Josephus. <i>De antiquitate Judaica.</i> Lubeck, 1475-76.
    <b>Bonhams, inviting consignments for Sep 27:</b> Carlerius. <i>Sporta fragmentorum, Sportula fragmentorum</i>. Brussels, 1478-79.
    <b>Bonhams, inviting consignments for Sep 27:</b> Fridolin. <i>Der Schatzbehalter</i>. Nuremberg, 1491.
    <b>Bonhams, inviting consignments for Sep 27:</b> Pinder. <i>Der beschlossen gart des rosenkrantz marie</i>. Nuremberg, 1505.
    <b>Bonhams, inviting consignments for Sep 27:</b> Isidorus Hispalensis. <i>Synonyma de Homine</i>. Nuremberg, 1470-71.
    <b>Bonhams, inviting consignments for Sep 27:</b> Durer. Sammelband including <i>Underweysung der messing</i>. Nuremberg, 1525-29.

Rare Book Monthly

Articles - June - 2017 Issue

California Bookseller Goes to Court to Overturn Hated Autograph Law

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Author Marilyn Skinner Lanier signs book at Book Passage (from Pacific Legal Foundation video).

A California bookseller has gone to court to overturn a law detested by many sellers of autographed books in the state. On January 1, a new law went into effect that places what many consider onerous burdens on the sale of autographed books. While the assemblywoman who wrote the law later issued a statement claiming the law does not apply to booksellers, such statements are not a part of the actual law. There is still enough unclarity in the writing of the statute to leave many dealers fearful of the risks in selling anything with autographs. And so Book Passage, a San Francisco area chain of three stores, with the backing of the Pacific Legal Foundation, has gone to court to rid the state of the law.

 

First, here's a brief history of it. Section 1739.7 of the California Civil Code used to apply only to sports memorabilia. That is a field in which an enormous number of signed items are regularly sold, and it is rife with forgeries. Last fall, the legislature extended that to cover anyone "who is principally in the business of selling or offering for sale [autographed] collectibles in or from this state, exclusively or nonexclusively, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to [autographed] collectibles..." The intent was reasonable, even if the legislature's response turned out not to be so. Anyone in the book trade will tell you if a signed book has not been professionally authenticated, or lacks a clear chain of possession, nothing can be assumed about that signature.

 

The problem with the law is that the requirements are, to say the least, burdensome. Sellers have to provide a Certificate of Authenticity for signed items, including a description of the item and the name of the signer, the purchase price and date of sale, an express warranty of authenticity, whether it is part of a limited edition and specifics about such an edition if so, whether the dealer is bonded or insured and proof thereof if so, the last four digits of the dealer's resale certificate, whether signed in the presence of the dealer, when, where, and the name of a witness to the signing, whether obtained from a third party and the name of that party if so, and the serial number of the item if it has one. There are also requirements of signage at the store or a show, and required messages in advertisements, describing this law. Dealers must retain copies of the certificates for seven years. Penalties for violations include not only actual damages, but a civil penalty of 10 times actual damages, court costs, attorney's fees, expert witness fees, and interest. Additional penalties may be added if the court finds the dealer's conduct "egregious."

 

While California sellers are naturally those most affected, the law does apply to out of state sellers selling signed material into the state (and to sales made by California dealers to out-of-state consumers).

 

It would be hard to overstate the uproar from the bookselling community. We have heard more from our members and readers on this story than just about anything else, and it applies mostly to just one state! The requirements are challenging, to say the least, both for the bookseller with a few autographed items in inventory and those who specialize in autographs. Who was it that witnessed Abraham Lincoln sign that book?

 

The response was so great that the assemblywoman who introduced this legislation wrote a letter stating, "Both the letter and the spirit of the law are clear that AB 1570 does not apply to booksellers. I refer specifically to how 'dealer' is defined in Section 1739.7 (a)(4)(A) which states that a dealer is defined as anyone who is 'principally in the business of selling signed collectibles' [emphasis added]. Bookstores, both as they are understood generally and many who communicated with my office, are not principally in the business of selling signed collectibles any more than a convenience store. It is true that some booksellers’ inventory include signed merchandise, including books signed by authors during special signing events. However, it is clear, even taking those items into consideration, a bookstore would not meet the bar of being ‘principally’ in the business of selling signed collectibles."

 

Assemblywoman Ling Ling Chang's letter is nice, but it isn't law. The law specifically says it applies to auctioneers and does not apply to pawnbrokers, but is silent on booksellers. Even if she is right that most booksellers aren't "principally" in the business of selling autographed items, they still could be considered "a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to [autographed] collectibles." Her letter provided cold comfort to many concerned, even fearful booksellers.

 

So into this fray stepped Book Passage and co-owner Bill Petrocelli, with legal assistance from the Pacific Legal Foundation. For Book Passage, there is no question that they are subject to the law and its voluminous requirements. They specialize in signed material, hosting 700 author book signings in their stores each year.

 

Book Passage calls for the overturning of the law on constitutional grounds, specifically, the First and Fourteenth Amendments. The first amendment claims pertain to free speech. The law makes it more difficult to sell autographed books, an infringement on communicating words within. It also infringes speech by making it practically impossible for them to host author talks/signings because of the burdens, thereby silencing the writers. The autographs themselves, they say, are a form of speech which is silenced by these demands. Furthermore, if some sort of regulation is needed, these are way too broad in that they interfere with free speech far more than necessary to achieve the law's aims.

 

The other claim pertains to the Fourteenth Amendment, adopted after the Civil War, guaranteeing equal protection under the law. Book Passage says that the exemption from the law for pawn shops and certain online retailers violates the equal protection rights of booksellers under the constitution.

 

We don't know where this all leads, but here are a few personal observations:

 

1. There is too much autograph fraud. It is way too easy. If something can reasonably be done, it should.

 

2. These rules are much too burdensome. They look like someone searched for remedies for every possible wrong and then wrote them up without considering the impact on honest business people. That letter by Assemblywoman Chang is essentially an admission of this.

 

3. This won't be an easy case. Constitutional claims against laws are really hard to win in court. Most court decisions involve disputes over facts, or interpretations of laws. Courts will willingly settle those, but are loath to overturn the "will of the people" as expressed by the laws of their elected representatives.

 

While the law makes it difficult for booksellers to sell autographed material, it does not prevent the sale of books as a whole, or even autographed ones if no claim or implied claim of authenticity is made. Nor does it prevent bookshops from holding author talks, although it may make such talks financially unprofitable. As for the equal protection claim, lots of laws affect people differently. There are probably laws in California that apply specifically to pawnshops but not booksellers. I, like many middle class people, have never understood why I am taxed at a higher rate than poor people, and at a higher rate than rich people. That doesn't sound very fair or equal to me, but welcome to the real world. I wouldn't get my hopes too high on this case, but I've been wrong before. This is in no way an endorsement of this flawed law, just an attempt to be realistic in expectations.

 

4. The legislature should scrap this law and get together with booksellers to see if something cannot be drawn up to reduce the problem without overburdening dealers. For example, the $5 minimum is ridiculous. A court case over $5? Someone who commits a $5 fraud should be reported to the authorities, but a civil suit to recover $5 is crazy. A $100 minimum would be more reasonable. Perhaps, instead of all the detailed requirements, a simple statement could be provided, one wherein the dealer can either state that the signature is authenticated and how, say there is no evidence to support authentication (and not advertise the book as autographed), or something in between, such as the provenance from the author's family may imply a connection but does not guarantee it. There must be a common sense answer.

Rare Book Monthly

  • <b>Forum Auctions: Online Sale of Cricket Books and Works on Paper. Now through July 5, 2017</b>
    <b>Forum Auctions, now thru Jul 5:</b> Wisden (John). <i>Cricketers' Almanack for 1896</i>, original cloth, 1896. £15,000 to 20,000
    <b>Forum Auctions, now thru Jul 5:</b> Wisden (John). <i>The Cricketers' Almanack for the year 1869</i>, excellent copy of the scarce sixth edition, 1869. £10,000 to 15,000
    <b>Forum Auctions, now thru Jul 5:</b> Wisden (John). <i>Cricketers' Almanack for 1916</i>, with tribute to W.G. Grace by Lord Harris, original cloth, 1916. £5,000 to 6,000
    <b>Forum Auctions: Online Sale of Cricket Books and Works on Paper. Now through July 5, 2017</b>
    <b>Forum Auctions, now thru Jul 5:</b> Lillywhite (Frederick) and Arthur Haygarth. <i>Cricket Scores and Biographies of Celebrated Cricketers</i>, vol. 1 - 16 [a complete run], 1862-2003. £750 to 1,000
    <b>Forum Auctions, now thru Jul 5:</b> Trumper (Victor). Postcard of Victor Trumper, signed by Trumper on image, 1905. £300 to 400
    <b>Forum Auctions, now thru Jul 5:</b> Crombie (Charles). <i>Laws of Cricket</i>, 1907; and 29 others. £150 to 200
  • <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Walter Gibson's Complete Run of The Shadow. 48 bound volumes, 1931-44. $8,000-12,000
    <b>Potter & Potter Auctions July 8:</b><br> Frederic Shoberl, The World in Miniature: Hindoostan. 6 volumes. $2,000-4,000
    <b>Potter & Potter Auctions July 8:</b><br> A Rare Copy of the Earliest Chicago Newspaper to Report on the Great Fire of 1871. $6,000-8,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Broadside Proclamation by Mayor Roswell B. Mason for the Preservation of Good Order Following the Great Fire of 1871. Chicago. $4,000-6,000
    <b>Potter & Potter Auctions July 8:</b><br> Peter Force Engraving of the Declaration of Independence. One page. Scarce and highly collectable. $15,000-20,000
    <b>Potter & Potter Auctions July 8:</b><br> John Quincy Adams. The Jubilee of the Constitution. A Discourse. First edition. Inscribed. 1839. $3,000-5,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Cuban Revolution: Expedicion y Desembarco del “Granma.” Havana, ca. 1959. With portraits of the Castro brothers & Che Guevara. $150-250
    <b>Potter & Potter Auctions July 8:</b><br> Osuna Ramos. A group of 28 photographs of the Mexican Revolution & aftermath in Mexico City, 1910-1920. 4½ x 6”. $400-600
    <b>Potter & Potter Auctions July 8:</b><br> Charles Bukowski. Hot Water Music. First edition with original signed painting. 1983. $2,000-4,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Alan Ginsberg. Five Page Autographed Letter. Signed. February 10, 1971. $3,000-5,000
    <b>Potter & Potter Auctions July 8:</b><br> Andy Warhol’s Children’s Book. Featuring 12 color illustrations. Signed 5 times. 1983. $5,000-7,000
    <b>Potter & Potter Auctions July 8:</b><br> Albrecht Durer. The Martyrdom Saint John the Evangelist. Woodcut, 1511 edition. $1,000-2,000
  • <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Voyages and Travel] Churchill's Voyages 1732 - Complete in 6 Volumes.<br>$5,000 - $7,500.
    <b>Cowan’s, June 5-26:</b> [Illustrated] Alice by Salvador Dali, Signed and Limited. $3,000 - $5,000
    <b>Cowan’s, June 5-26:</b> [Literature] The Little Prince - Signed/Limited First French Edition, 1943; #61 of 260. $5,000 - $7,500
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Literature] Gone With The Wind, 1st in DJ, May, 1936. $1,500 - $2,500
    <b>Cowan’s, June 5-26:</b> [Literature - Modern Firsts] Rare Henry Miller, Tropic of Cancer, Obelisk Press Paris - 1934. $2,000 - $3,000
    <b>Cowan’s, June 5-26:</b> [[Sporting - Fishing] Rare - Lee Sturges, Salmon Fishing New Brunswick, 1 of 50 Printed - 7 Original Etchings.<br>$4,000 - $6,000
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Voyages and Travel - Maritime] Rare Ledyard Account of Cook's Last Voyage, 1783 Hartford, Howes "d".<br>$10,000 - $15,000
    <b>Cowan’s, June 5-26:</b> [Illustrated - Maxfield Parrish] Knave of Hearts, Scribner's, 1st Hardback Edition, 1925 Parrish Illustrations.<br>$750 - $1,000
    <b>Cowan’s, June 5-26:</b> [Bible - Illustrated - Cartography) Massive Dutch Bible, 1682, Contemporary Colored Maps, Working Brass Clasps. $2,500 - $3,500
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Women Suffrage - Civil Rights - Autographs] A Unique Extra-Illustrated Life of Susan B. Anthony. $15,000 - $20,000
    <b>Cowan’s, June 5-26:</b> [18th Century French Manuscript] Unpublished History of Belle-Isle-En-Mer, 1754 With Watercolor Illustration.<br>$10,000 - $15,000
    <b>Cowan’s, June 5-26:</b> [Illustrated - Children's - Movable] Wonderful 19th Century Lothar Meggendorfer Moveable Book. $750 - $1,000

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