• <b>Gonnelli:</b> Books & Graphics 26th – 27th – 28th May 2020.
    <b>Gonnelli:</b> May 27th, Travel and exploration.
    <b>Gonnelli:</b> May 27th, Musical books, autographs & printed music.
    <b>Gonnelli:</b> May 26th, A collection of Piranesi’s etchings. € 50 to € 16000.
    <b>Gonnelli:</b> May 28th, Books from XV to XX Century.
    <b>Gonnelli:</b> May 28th, Hansel and Gretel and other stories by the brothers Grimm illustrated by Kay Nielsen. € 1000.
    <b>Gonnelli:</b> May 28th, Artists’ books from Dalì, Marini & others.
  • <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [SUPREME COURT JUSTICES]. A very extensive collection of 203 letters, documents and signatures. A COMPLETE COLLECTION OF THE SUPREME COURT JUSTICES, JOHN JAY THROUGH WILLIAM REHNQUIST. $20,000 to $30,000.
    <b>Hindman Auctions, Jun. 23:</b> ZATTA, Antonio. <i>Atlante Novissimo.</i> Venice: Antonio Zatta, 1775-1785. ONE OF THE FINEST WORLD ATLASES issued in Italy in the 18th century. $15,000 to $20,000.
    <b>Hindman Auctions, Jun. 23:</b> [CHICAGO HISTORY] -- [COLUMBUS, Christopher]. Monumental historiated and embroidered panel of the MADE FOR THE 1893 COLUMBIAN EXHIBITION IN CHICAGO. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MONASTERY HILL BINDING]. AINSWORTH, William Harrison. <i>Historical Romances.</i> Philadelphia, n.d. A fine early exhibition binding by the Monastery Hill Bindery. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> [ABSTRACT EXPRESSIONISM]. New York: Tiber Press, [1960]. 4 volumes. LIMITED EDITION, number 119 of 200 COPIES, EACH SIGNED BY THE POET AND ARTIST. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> GRATIANUS, the Canonist. <i>Decretum.</i> Venedig: Petrus de Plasiis, 25 January 1483. Second quarto edition. FIRST PAGE ILLUMINATED BY A CONTEMPORARY ARTIST. $4,000 to $6,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [ABOLITIONISTS]. <i>William Lloyd Garrison. The Story of his Life.</i> New York, 1885. ORIGINAL DOCUMENTS FROM SEVERAL NOTABLE ABOLITIONISTS neatly bound in throughout. $4,000 to $6,000.
    <b>Hindman Auctions, Jun. 23:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740... 1744.</i> London: John and Paul Knapton for the author, 1748. FIRST EDITION. $3,000 to $4,000.
    <b>Hindman Auctions, Jun. 23:</b> Blank railroad ledger, "Compagnie des Chemins de fer de l'Ouest" (spine title). N.p., 1909. A MONUMENTAL 20th-CENTURY ART NOUVEAU BINDING. $1,000 to $1,500.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MINIATURE ROOM] -- [FLEMING, John (1910-1987)]. Miniature of his 57th Street Library and Gallery. JOHN F. FLEMING'S BARONIAL 57TH STREET GALLERY. $1,500 to $2,500.
    <b>Hindman Auctions, Jun. 23:</b> [SANGORSKI & SUTCLIFFE BINDING]. CHESTERTON, G.K. <i>Five Types: A Book of Essays.</i> London, 1910. LIMITED EDITION, number 3 of 30 copies on vellum SIGNED BY GEORGE SUTCLIFFE. $400 to $500.
    <b>Hindman Auctions, Jun. 23:</b> [KELMSCOTT PRESS]. <i>When Adam Delved and Eve Span....</i> [Ancoats Brotherhood, 1894-5]. LIMITED EDITION, one of 250 copies printed. $500 to $700.
  • <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> Extremely rare, signature of Patrick Ferguson, famed rifle inventor and British officer. $20,000 to $40,000.
    <b>Morphy Auctions, May 27:</b> 1776 Battle of Sullivan's Island watercolor, attributed to James Peale. 11 1/2 x 17 3/16. $10,000 to $25,000.
    <b>Morphy Auctions, May 27:</b> John Hancock-signed commission of Ensign Aaron Butler, 1777. $8,000 to $16,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> A Short Narrative of the Horrid Massacre in Boston, Perpetrated in the Evening of the Fifth Day of March 1770… London, [1770]. $7,000 to $15,000.
    <b>Morphy Auctions, May 27:</b> Original manuscript of 1761 Massachusetts Bay Tax Act. $8,000 to $12,000.
    <b>Morphy Auctions, May 27:</b> Wine receipt for Washington's Council of War, May 24, 1778, leading to Monmouth Battle. $8,000 to $12,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> [Siege of Boston]. “A Muster Roll of The Company Under the Command of Captain Josiah King in Colonel David Brewer’s Regiment, to the First of August, 1775.” $5,000 to $10,000.
    <b>Morphy Auctions, May 27:</b> Congressman Brigham describes George Washington's Mount Vernon estate and its slaves. $3,000 to $6,000.
    <b>Morphy Auctions, May 27:</b> [British Army. Uniforms and Organizaton] "Gen[era]l. Disposition of The King’s Troops with the Number, Uniform and Colonel [of Each Regiment, 1763]. $3,000 to $5,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> Revolutionary era paper money, continental and state (lot of 55). $2,500 to $5,500.
    <b>Morphy Auctions, May 27:</b> Rare 1782 loyalist military passport from Charleston, SC. $1,500 to $3,000.
    <b>Morphy Auctions, May 27:</b> [Stamp Act.] Rare 1765 stamp for 2 shillings and 6 pence. $1,250 to $2,500.
  • <b>Swann Auction Galleries:</b> Abraham Lincoln, Emancipation Proclamation by the President of the United States, pamphlet, 1862. Sold May 7 for $11,875.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. Sold May 7 for $4,000.
    <b>Swann Auction Galleries:</b> E. Simms Campbell, A Night-Club Map of Harlem, in inaugural issue of Manhattan, 1933. Sold May 7 for $27,500.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. Sold May 7 for $17,500.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. Sold May 7 for $5,250.
    <b>Swann Auction Galleries:</b> The Black Panther: Black Community News Service, 44 issues, San Francisco, 1967-1971. Sold May 7 for $6,500.
    <b>Swann Auction Galleries:</b> Ernest Withers, I Am A Man, Sanitation Workers Strike, silver print, 1968. Sold May 7 for $5,000.
    <b>Swann Auction Galleries:</b> March For Freedom Now!, poster for a protest on the 1960 Republican Convention. Sold May 7 for $17,500.

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

  • <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> INCUNABULA -Fridolin, Stephan. <i>Schatzbehalter.</i> With 96 (including 5 repeated) full-page text woodcuts. Nürnberg, 1491.<br>€ 39 470 / 57 020
    <b>Koller, Jun. 15:</b> Kokoschka, Oskar. <i>Die Träumenden Knaben (The Dreaming Boys).</i> With 11 original lithographs. Vienne, 1908.<br>€ 35 090 / 52 630
    <b>Koller, Jun. 15:</b> Third Bessarion Master (active in Lombard in the third quarter of the 15th century). Leaf from a gradual, 1455-60.<br>€ 21 930 / 30 700
    <b>Koller, Jun. 15:</b> Picasso, Pablo - Delgado, José alias Pepe Illo. <i>La Tauromaquia o arte de torear.</i> With 26 original aquatints and 1 original etching by Picasso.<br>€ 21 930 / 35 090
    <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> Linschoten, Jan Huygen van. <i>Itinerario, Voyage ofte Schipvaert naer Oost ofte Portugaels Indien…</i> Amsterdam, 1595.<br>€ 17 540 / 26 320
    <b>Koller, Jun. 15:</b> CHILDREN’S BOOKS - Meggendorfer, Lothar. <i>Nah und Fern. Ein Tierbilderbuch zum Ziehen.</i> With 8 coloured, lithographed plates.<br>€ 530 / 790
    <b>Koller, Jun. 15:</b> DANSE MACABRE - Bille, Edmond. <i>Une Danse macabre.</i> With 20 coloured woodcuts. Lausanne, 1919. Large folio.<br>€ 610 / 880
    <b>Koller, Jun. 15:</b> Dexel, Walter. A collection of 7 invitation cards from the Kunstverein Jena, each typographically designed by W. Dexel. Jena, 1924-1928. Each 10.5 x 14.8 cm.<br>€ 530 / 790

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