Rare Book Monthly

Articles - October - 2017 Issue

California Rescinds Application of Hated Autograph Law to Booksellers

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California Assemblyman Todd Gloria, author of the repeal of the autograph law as applied to booksellers.

Good news for booksellers – California has repealed its hated new autograph law, at least as it applies to booksellers. The onerous requirements, which also could have affected out-of-state booksellers selling to California residents and participants in California trade shows, will no longer apply to those in the book trade. The same applies to those selling manuscripts, numbered prints and other forms of autographed ephemera not pertaining to the sports or entertainment media industries.

 

The old law, which took effect on January 1 of this year, was never meant to apply to booksellers. It was intended to reach various memorabilia sellers, particularly in sports and entertainment, who regularly sell forged material. It is an industry by itself. According to the California Assembly's discussion of the bill, 94% of all Beatles' memorabilia is forged, 76% for Marilyn Monroe and Elvis Presley. Nevertheless, the wording of the law did not make this point clear. As written, it sounded like the law would apply to booksellers selling autographed books and others as well.

 

What made this so upsetting to booksellers were the draconian requirements. Selling an autographed book might have required presenting the buyer with a Certificate of Authenticity with all sorts of information, some possibly hard to come by. Included in the detailed information were a description of the item, purchase price, an express warranty, size of edition if it is part of a limited edition, whether it was signed in the dealer's presence and the name of a witness to the signing, and if purchased from a third party the name and address of the person from whom it was purchased. Various warning notices had to be posted in bookshops and trade shows, and specific records had to be kept. Dealers specializing in signed editions or hosting author signing events would have been particularly hard hit by the requirements.

 

The terms were so demanding on booksellers that the author of the bill wrote a letter saying it was not intended to apply to booksellers. Unfortunately, that is not good enough. Only the law is the law, and her letter was not a part of the law. Under the letter of the law, it could readily be interpreted as applying to booksellers.

 

The new law makes numerous changes to the old legislation, such as increasing the minimum value of the item qualifying as a (autographed) collectible from the absurd $5 to $50. However, rather than looking at the adjustments, we will get straight to the new part that is targeted specifically to booksellers. The new law has some exceptions as to what is considered an autographed collectible. The previous law only said, sometimes in general terms, what was. Here is the key new section – "autographed collectibles" do not include, "signed books, manuscripts, and correspondence, as well as ephemera not related to sports or entertainment media." That is quite clear when it comes to books, and to much of the other material booksellers often handle. Another exception covers "works of fine art," including "numbered multiples," which will cover many artistic prints.

 

What is still in? Well, this revised definition now limits what is a collectible for purposes of the statute to just two areas, sports and entertainment media (music, television, and film). So now, we are limited to two subjects of collectibles, and with various formats such as books and original art in any subjects removed.

 

Is there anything that booksellers might handle which still could cause a problem? There are a few signed ephemeral items within the works on paper category one might have. Baseball programs, tickets, or cards are specifically listed. So are pictures and photographs related to films, along with tickets and playbills. These do show up occasionally in a dealer's inventory, so it is wise to be mindful here. You don't have to sell too many of them to be subject to the requirements. Just three of these valued at $50 or more over a 12-month period will subject you to the requirements. Be careful if you are a California dealer or selling into California. The statute also makes clear that auctions selling such non-exempt material must also comply with the revised rules.

 

 

Update:  As of October 3, the bill had not yet been signed by Gov. Brown. Unless the Governor vetoes it, it will become law on his signature or on October 15 if he neither signs nor vetoes the bill. It is expected the bill will be approved by the Governor.

 

Further Update:  The legislation has now been signed by Gov. Brown and is now law.


Posted On: 2017-10-01 14:18
User Name: robert.kearley06@gmail.com

Bravo for California Lawmakers! I wish all States would enact this legislation and focus on the many, many so-called Auction Houses that are simply in operation to turn a profit and would not stand up to the scrutiny of this Law.


Rare Book Monthly

  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Swann Auction Galleries Apr 26:</b> Jacques-Émile Ruhlmann, wallpaper sample book, circa 1919. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Archive from a late office of the Breuer & Smith architectural team, New York, 1960-70s. $3,500 to $5,000.
    <b>Swann Auction Galleries Apr 26:</b> William Morris, <i>The Story of the Glittering Plain or the Land of Living Men,</i> illustrated by Walter Crane, Kelmscott Press, Hammersmith, 1894. $2,500 to $3,500.
    <b>Swann Auction Galleries Apr 26:</b> Gustave Doré, <i>La Sainte Bible selon la Vulgate,</i> Tours, 1866. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b> Gustav Klimt & Max Eisler, <i>Eine Nachlese,</i> complete set, Vienna, 1931. $15,000 to $25,000.
    <b>Swann Auction Galleries Apr 26:</b><br>Eric Allatini & Gerda Wegener, <i>Sur Talons Rouges,</i> with original watercolor by Wegener, Paris, 1929. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b><br>C.P. Cavafy, <i>Fourteen Poems,</i> illustrated & signed by David Hockney, London, 1966. $5,000 to $7,500.
    <b>Swann Auction Galleries Apr 26:</b> Jean Midolle, <i>Spécimen des Écritures Modernes...</i>, Strasbourg, 1834-35. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 26:</b><br>E.A. Seguy, <i>Floréal: Dessins & Coloris Nouveaux,</i> Paris, 1925. $3,000 to $4,000.
  • <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> BEETHOVEN, LUDWIG VAN. Autograph Manuscript sketch-leaf part of the score of the Scottish Songs, "Sunset" Op. 108 no 2. [Vienna, February 1818]. Inscribed by Alexander Wheelock Thayer. SOLD for $131,250
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. SOLD for $516,500
    <b>Bonhams, Mar. 9:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("Papa") to his son Hans Albert, discussing his involvement with the atomic bomb, September 2, 1945. SOLD for $106,250
    <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> HAMILTON, ALEXANDER. Autograph Letter Signed, to Baron von Steuben, with extensive notes of Von Steuben's aide Benjamin Walker, June 12, 1780. SOLD for $16,250
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. SOLD for $275,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. SOLD for $118,750
  • <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Extremely Fine Copy of Fantasy Classic. Tolkien (J.R.R.) <i>The Hobbit, or There and Back Again,</i> L. (George Allen & Unwin Ltd. Museum Street) 1937. €20,000 to €30,000
    <b>Fonsie Mealy, May 2:</b> Incunabula. [Sirectus, Antonius] O’Fihely (Maurice)Abp. <i>Formalitates de Mente Doctoris Subtilis Scoti Nec Non Stephai Burlifer cum novis additionibus…</i> Venice 14th December 1051 (ie. 1501). €3,000 to €4,000
    <b>Fonsie Mealy, May 2:</b> Original Book Illustrations by Pamela Leonard. Illustrations: Regan (Peter) Touchstone, 8vo D. (Mount Salas Press) 1989. €3,500 to €4,500
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> [Petit (Jean), Prevel (Jean) & Gregory (Pope)] [Gregorius]. <i>Compendium Textuale Compillationis decretalium Gregorri noni sine qua…</i>, Paris [Dec. 1524]. €350 to €500
    <b>Fonsie Mealy, May 2:</b> Excessively Rare – V. Fine Copy. [Mac Mahon]. <i>Jus Primatiale Armacanum, In Omnes Archiepiscopos, Episcopos, et Universum Clerum</i>… [n.p.] 1728. €750 to €1,000
    <b>Fonsie Mealy, May 2:</b> Madden (R.R.). <i>Travels in Turkey, Egypt, Nubia and Palestine in 1824, 1825, 1826 and 1827,</i> 2 vols. 1822. €500 to €700
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Early English Herbal. Gerarde (John). The Herball or General History of Plants, thick folio L. (John Norton) 1597. €700 to €1,000
    <b>Fonsie Mealy, May 2:</b> The Tehran World War 2 Conference Photograph: [Tehran Conference 1943] An important and iconic Group Photograph showing Churchill, Roosevelt and Stalin. €80 to €120
    <b>Fonsie Mealy, May 2:</b> Natural History Specimens from Jersey Jersey Islands: Westacton [Mrs Acton] Collection of 53 original dried examples of Seaweed collected in Jersey, c. 1860. €300 to €400
    <b>Fonsie Mealy Auctioneers:<br>Rare & Collectors’ Sale. May 2, 2018</b>
    <b>Fonsie Mealy, May 2:</b> Plyglot Bible: Hutteri (Eliae). <i>Biblia Sacra, Ebraice, Chaldaice, Graece, Latinae, Germanice, Sclavonice.</i> Lg. folio Nurimberg 1599. €250 to €350
    <b>Fonsie Mealy, May 2:</b> The American Invasion 1888: “First Ever G.A.A. Hurling Match in America” Medal: G.A.A., The Invaders, 1888. €2,000 to €3,000
    <b>Fonsie Mealy, May 2:</b> “Babe” Ruth and the G.A.A. G.A.A. & Baseball: A unique and early Sporting Association. An original Spalding B12 Baseball Bat. €4,000 to €6,000

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