• <b>Bonhams, June 29:</b> LIFE OF OSLER, PRESENTATION COPY TO NEPHEW NORMAN GWYN. CUSHING, HARVEY. 1869-1939. <i>The Life of Sir William Osler.</i> Oxford: Oxford University Press, 1925. $1,500 to $2,500.
    <b>Bonhams, June 29:</b> OSLER TO HALSTED MENTIONING CUSHING AND WELCH. Autograph Letter Signed ("Wm Osler") to William Stewart Halsted on medical matters, 2 pp, January 19, 1919. $1,500 to $2,500.
    <b>Bonhams, June 29:</b> CUSHING PRESENTATION COPY TO LUCIEN PRICE. CUSHING, HARVEY. <i>Intracranial Tumours.</i> Springfield, 1932. $1,000 to $1,500.
    <b>Bonhams, June 29:</b> OSLER ON HIS CHILDHOOD. Autograph Letter Signed ("Wm Osler") to Mabel [Brewster] on returning home to Staplehurst. $800 to $1,200.
    <b>Bonhams, June 29:</b> SCULTETUS, JOHANNES. 1595-1645. <i>Cheiroplotheke, seu armamentarium chirurgicum XLIII.</i> Ulm: Balthasar Kühnen, 1655. $3,000 to $4,000.
    <b>Bonhams, June 29:</b> VICQ D'AZYR, FELIX. 1748-1794. <i>Traite d'anatomie et de physiologie.</i> Paris: Didot l'aine, 1786. $3,000 to $5,000.
    <b>Bonhams, June 29:</b> TAGAULT, JEAN. C.1499-1546. <i>De chirugica institutione libri quinque....</i> Lyon: Guillaume Rouillé, 1549. $400 to $600.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). Autograph Logs and Journals from his 1927 Alaska Expedition. $7,000 to $ 9,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). Cañon de Chelley, 1904. Oversized orotone, 17 x 22in in original Curtis Studio frame. $30,000 to $50,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). 26 cyanotypes, featuring images of Cheyenne tribes from Volume VI of <i>North American Indian,</i> c.1907, made by Curtis in the field. $30,000 to $50,000.
    <b>Bonhams, June 30:</b> EDWARD S. CURTIS (1868-1952). The Vanishing Race, 1904. Oversized orotone, 18 x 24in in original Curtis Studio frame. $20,000 to $30,000.
  • <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [CIVIL WAR] -- [SHERIDAN, Philip Henry]. Personal headquarters flag of Philip Henry Sheridan used when he led the 2nd Michigan Cavalry. Spring - Summer 1862. $20,000 to $30,000.
    <b>Cowan’s, June 25:</b> [EARLY PHOTOGRAPHY]. Half plate daguerreotype of firefighter Walter Van Erven Dorens. [San Francisco]: n.p., [ca 1854-1856]. $15,000 to $25,000.
    <b>Cowan’s, June 25:</b> [LINCOLNIANA]. Abraham Lincoln banner possibly made for the 1864 presidential campaign. $10,000 to $15,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [REVOLUTIONARY WAR - CONTINENTAL CONGRESS]. [HOLTEN, Dr. Samuel]. An archive of letters related to Danvers, Massachusetts, physician and statesman Dr. Samuel Holten. $10,000 to $15,000.
    <b>Cowan’s, June 25:</b> [UNION PACIFIC RAILROAD]. CARBUTT, John, photographer. Exceptional collection of 27 stereoviews from the series, "Excursion to the 100th Meridian, October 1866." Chicago, [1866]. $10,000 to $15,000.
    <b>Cowan’s, June 25:</b> [ALASKAN GOLD RUSH]. William Steele West and family, extensive archive of photographs, diaries, correspondence, and personal items. [Ca 19th - 20th century]. $8,000 to $12,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> [TAYLOR, Zachary]. Quarter plate daguerreotype featuring the 12th President of the United States. N.p.: n.p., [ca 1845]. $8,000 to $10,000.
    <b>Cowan’s, June 25:</b> [WASHINGTON, George]. Signed Society of the Cincinnati document. $5,000 to $7,000.
    <b>Cowan’s, June 25:</b> LINCOLN, Abraham. Autograph endorsement signed ("A. Lincoln"), as President. [Washington], 29 September 1862. 1 page, 4to, old creases. $5,000 to $7,000.
    <center><b>Cowan’s<br>American Historical Ephemera<br>& Photography<br>June 25, 2021</b>
    <b>Cowan’s, June 25:</b> JEFFERSON, Thomas. Autograph letter signed ("Th. Jefferson"), as United States President, to Robert Patterson. Washington DC, 2 July 1805. 1 page, 4to, evenly toned, small tear from seal. $4,000 to $6,000.
    <b>Cowan’s, June 25:</b> [EARLY PHOTOGRAPHY] -- [ALCOTT, Elizabeth Sewall]. Ninth plate ruby ambrotype attributed to Elizabeth Sewall Alcott. N.p., [ca 1856-1857]. $3,000 to $5,000.
    <b>Cowan’s, June 25:</b> [WESTERN AMERICANA]. RUSSELL, Andrew Joseph, photographer. <i>Salt Lake City, From the Top of the Tabernacle.</i> [1869]
  • <b><center>Sotheby’s<br>Livres et Manuscrits :<br>de Cervantès à Houellebecq<br>18 – 25 June</b>
    <b>Sotheby’s, 18 – 25 June:</b> Jouve, Paul -- François-Louis Schmied -- Rudyard Kipling. <i>Le Livre de la Jungle,</i> 1919.<br>€ 80,000 to € 120,000.
    <b>Sotheby’s, 18 – 25 June:</b> Cervantès Saavedra, Miguel de. <i>El ingenioso hidalgo Don Quixote de la Mancha.</i> Bruxelles, 1607.<br>€ 30,000 to € 50,000.
    <b>Sotheby’s, 18 – 25 June:</b> Buren, Daniel - Aimé Césaire. Cahier d'un retour au pays natal. Solstice, 2004. 1/140 ex. Avec 1/20 suites d'œuvres originales.<br>€ 4,000 to € 6,000.
    <b>Sotheby’s, 18 – 25 June:</b> [Musique] - Gioacchino Traversa. Six sonates à violon seul. [Vers 1770].<br>€ 3,000 to € 5,000.
  • <b>Swann Auction Galleries Jun 24:</b> C.F. Payne, <i>Micawber, Imitating Norman Rockwell’s “Triple self-portrait,”</i> mixed media, 2002. $800 to $1,200.
    <b>Swann Auction Galleries Jun 24:</b> Brian Froud, media illustration published in <i>The Land of Froud,</i> 1977. Estimate $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Haddon Sundblom, <i>All a Girl Needs,</i> oil on canvas, published in <i>The Ladies’ Home Journal,</i> 1942. $8,000 to $10,000.
    <b>Swann Auction Galleries Jun 24:</b> Adrianne Lobel, <i>My One and Only,</i> 26 scenic concept collages for the Broadway musical, 1983. $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Charles Schulz, original four-panel pen and ink <i>Peanuts</i> comic strip, 1971. $15,000 to $25,000.
    <b>Swann Auction Galleries Jun 24:</b>Jack Davis, mixed media cartoon for <i>Playboy,</i> 1959. $6,000 to $9,000.
    <b>Swann Auction Galleries Jun 24:</b> Charles Addams, mixed media cartoon for <i>The New Yorker,</i> 1937. $6,000 to $9,000.

Rare Book Monthly

Articles - November - 2012 Issue

Who Legally Owns This Signed Photograph?

Mahler-schoenberg

Gustav Mahler (left) and Arnold Schoenberg.

The New York Times recently reported on an ownership dispute in the works on paper field, in this case a signed photograph. It pitted the family of the individual who was originally given the photograph against an unrelated individual who now has it in his possession. This is a difficult subject for those in the books and works on paper field, it coming up all too frequently now. However, this one is not the same as most we hear of today, where a private individual and possessor is pitted against a government agency that once owned the paper. There, rules are frequently more clearly stated, and where they are, it is generally the possessor who holds the short stick. In this case, the dispute is between two private parties.

The picture was that of Gustav Mahler, a notable Viennese musical composer at the turn of the previous century. The recipient was Arnold Schoenberg, a younger man and admirer, and himself a notable composer. Schoenberg was also from Vienna, but later emigrated to America. It is believed the photograph was signed and given to Schoenberg in 1907. Certainly, it was no later than 1911, as that is when Mahler died. Schoenberg lived until 1951. He obviously treasured the picture of his mentor. A photograph of Schoenberg in his Vienna home shows the Mahler photograph in the background.

Schoenberg's daughter said she remembered seeing the photograph in her father's study in the 1950s. This would mean the picture came with him to America. She said she realized it was missing in the late 1980s when she was examining her father's archives. Only the frame was still there. It did not show up on an inventory of those archives taken in the early 1970s either.

Recently, the Schoenbergs became aware that Cliff Fraser of Los Angeles was offering the photograph for sale. They at first expressed an interest in buying it, but Fraser wanted a lot of money, and they became convinced the photograph came into his hands wrongly. That is not to say Mr. Fraser had done anything wrong, just that somewhere in the chain of possession between the 1950s and the present, it had wrongfully been removed from the Schoenbergs' possession.

This would sound very suspicious, a 35-year-old emergency room technician and late in life college student from Los Angeles possessing a photograph that clearly once belonged to the Schoenberg family from Austria. The Schoenbergs claimed that their father, who admired Mahler, never would have given this photograph away, nor would his wife and widow, who would have understood his wishes. However, Fraser came back with a plausible explanation. He produced a notarized statement from his grandmother, now in her 90s, saying her late husband had received the photograph as a gift from his teacher, Josef Schmid, when they lived in Brooklyn, before moving to California in 1958. Apparently, Schmid was a great admirer of Schoenberg, sent him letters, and Fraser says he even knows of a photograph of the two together. Perhaps Schoenberg gave it to Schmid. Additionally, Schmid was said to have studied under Alban Berg, a student of Schoenberg, so the photograph may have been given to Berg and then Schmid.

So, what happens if the two parties are not able to reach a settlement on the issue? Is the photograph Fraser's or the Schoenbergs'? It brings to mind cases where old government documents, most likely intentionally disposed of years ago, either sold, given away, or trashed, are seized from collectors. The government agency may have given the stuff away a century or two ago when it seemed to have no value, but statutes have been passed in many states that say it still is government property. Collectors may prevail if they can find a sales receipt, presuming one ever existed, but even if it did, who would keep it a hundred years? Collectors are forced to return items perhaps legitimately in their family for generations, or purchased from others who held them legitimately, because a statute enacted only recently says, retrospectively, it is still government property.

However, those cases are ruled by specific statutes that give the government priority over the holder. Without such laws, and this is a private person vs. private person, we probably can revert to the old adage: possession is 90% of ownership. It seems to me unlikely that Schoenberg or his wife would ever have given away what must have been a family treasure. Nor can one imagine why Berg or Schmid or both would do the same with a signed photograph of a notable composer if it were given to them. Still, if Fraser can show his grandfather was connected to someone who knew Schoenberg, or that he studied under a pupil of Schoenberg, that is quite a coincidence. It certainly establishes how the photo could have ended up in Fraser's possession without any wrongdoing on his part. Perhaps one of the earlier associates of Schoenberg in the chain “borrowed” the photograph from Schoenberg and forgot to return it? Or maybe Fraser's elderly grandmother has forgotten exactly what happened years ago? It's an interesting case, and one that hopefully you, as a collector, will never have to personally face.


A Letter to the Editor has been received regarding this story. Click here to read.

Rare Book Monthly

  • <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Tolomeo, Claudio. <i>Cosmographia.</i> Ulma, Lienhart Holle, 16.07.1482.<br>€ 50.000+
    <b>Aste Bolaffi, June 22:</b> Hondius, Henricus, & Johannes Janssonius. <i>Atlas novus, sive descriptio geographica totius orbis terrarum.</i> Amsterdam, Hondius-Janssonius, 1638. €30.000+
    <b>Aste Bolaffi, June 22:</b> Castiglione, Baldassarre. <i>Il libro del cortegiano del conte Baldesar Castiglione.</i> Venice, eredi di Aldo, 1528. € 14.000+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Bayer, Johann. <i>Uranometria, omnium asterismorum continens schemata, nova methodo delineata, aereis laminis expressa.</i> Augusta, Christoph Mang, 1603.<br>€ 12.000+
    <b>Aste Bolaffi, June 22:</b> [Astronomy]. <i>[Scriptores Astronomici veteres].</i> Venezia, Aldo Manuzio, 1499.<br> € 7.000+
    <b>Aste Bolaffi, June 22:</b> Aristophanes. <i>Aristofanous Komoidiai ennea. Aristophanis Comoediae novem.</i> Venice, Aldo Manuzio, 1498. € 7.000+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> Herodotus. <i>Hirodotou logoi ennea [...] Herodoti libri novem quibus musarum indita sunt nomina.</i> Venice, Aldo Manuzio, 1502. € 7.000+
    <b>Aste Bolaffi, June 22:</b> Tory, Geoffroy. <i>L’art & science de la vraye proportion des lettres attiques, ou antiques.</i> Paris, Vincent Gaultherot, 1549. € 5.000+
    <b>Aste Bolaffi, June 22:</b> Caterina da Siena. <i>Epistole devotissime de sancta Catharina da Siena.</i> Venice, Aldo Manuzio, 1500. € 4.500+
    <center><b>Aste Bolaffi<br>Rare Books and Autographs<br>June 22, 2021</b>
    <b>Aste Bolaffi, June 22:</b> [Chess]. Gianuzio della Manzia, Orazio. <i>Libro nel quale si tratta della maniera di giuocar' a scacchi con alcuni sottilissimi partiti.</i> Torino, Antonio Bianchi, 1597. € 3.000+
    <b>Aste Bolaffi, June 22:</b> Newton, Isaac. <i>Philosophiae naturalis principia mathematica.</i> Amsterdam, Compagnie di Amsterdam, 1714. €2.500+
    <b>Aste Bolaffi, June 22:</b> [Turkish Empire]. Ramberti, Benedetto. <i>Libri tre delle cose de Turchi.</i> Venice, eredi di Aldo, 1539. €1.500+
  • <b><center>Doyle<br>Fine Literature<br>Online Auction<br>June 8 to June 22</b>
    <b>Doyle, Fine Literature:</b> CALDWELL, ERSKINE. <i>Tobacco Road,</i> First Edition. $3,000 to $5,000.
    <b>Doyle, Fine Literature:</b> ELIOT, GEORGE. <i>Middlemarch: A Study of Provincial Life.</i> Edinburgh & London: William Blackwood and Sons, 1871-72. First edition in book form. $1,000 to $1,500.
    <b>Doyle, Fine Literature:</b> BYRON, GEORGE GORDON NOEL, LORD. <i>Don Juan.</i> London: the Thomas Davison; John Hunt; John and H.L. Hunt, 1819-24. First edition. $4,000 to $6,000.
    <b>Doyle, Fine Literature:</b> [BURNEY, FRANCES]. <i>Evelina, Or, A Young Lady's Entrance into the World.</i> London: T. Lowndes, 1778. First edition. $2,000 to $3,000.
    <b><center>Doyle<br>Fine Literature<br>Online Auction<br>June 8 to June 22</b>
    <b>Doyle, Fine Literature:</b> SHEPARD, ERNEST H. Colored drawing of Winnie-the-Pooh and Piglet, in an autograph letter signed by Shepard. Dated February 29th, 1932. $15,000 to $25,000.
    <b>Doyle, Fine Literature:</b> CARROLL, LEWIS (CHARLES LUTWIDGE DODGSON). <i>The Nursery "Alice".</i> London: MacMillan, 1890. Second (first published) edition. $7,000 to $10,000.
    <b>Doyle, Fine Literature:</b> DANA, RICHARD HENRY, Jr. <i>Two Years Before the Mast.</i> New York, 1840. First edition with an autograph letter signed by Dana laid-in. $2,500 to $3,500.
    <b>Doyle, Fine Literature:</b> FINE BINDING-RIVIERE] HAZLITT, WILLIAM. <i>Liber Amoris: or, the New Pygmalion.</i> London: John Hunt, 1823. First edition. $3,000 to $5,000.

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