• <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Elizabeth I. Early letter signed, to Edward North, First Baron North 1560. £12,000 to £18,000.
    <b>Sotheby’s:</b> Catherine II. Empress of Russia Letter signed to Prince Grigori Aleksandrovich [Potemkin] 1784. £2,000 to £3,000.
    <b>Sotheby’s:</b> Nelson. Autograph letter signed, to Captains of Egyptian Club, 3 August 1798. £12,000 to £18,000,
    <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Charles Darwin. Photograph signed, c.1871 by Oscar Gustave Rejlander. £6,000 to £8,000.
    <b>Sotheby’s:</b> T.E. Lawrence. Autograph letter signed, to Major Littleton, 14 October 1918. £10,000 to £15,000.
    <b>Sotheby’s:</b> Napoleon. Letter signed, ordering General Desaix to sail to Malta, prior to the Egyptian Expedition, 1798. £2,000 to £3,000.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.
  • <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Isaac Newton. <i>Philosophiae naturalis principia mathematica.</i> £280,000 to £350,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Two early editions: Fantaisie pour le Clavecin. £1,000 to £1,500.
    <b>Sotheby’s:</b> Mozart. Early edition, in parts, of the Concerto in A for piano and orchestra. £2,000 to £3,000.
    <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Beethoven. First edition, second issue of the Ninth Symphony op.125. £1,000 to £1,500.
    <b>Sotheby’s:</b> Cervantes. <i>Don Quixote,</i> Barcelona, 1617. £2,000 to £3,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Three first and early editions of music for organ. £1,200 to £1,500.
  • <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> O'Fihely, Maurice Abp. <i>Questiones subtilissme Scoti in metaphysicam Aristotelis</i>, Venice (Octavianus Scoti) 20th November 1497. 8,000 to 12,000 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Pococke (Richard). <i>A Description of the East and some other Countries,</i> 3 vols. in 2, L. (W. Bowyer) 1743. 2,250 to 3,500 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Keogh (John). <i>Botanalogia Universalis Hibernica, or A General Irish Herbal Calculated for this Kingdom, giving an account of the Herbs, Scrubs…</i>, Corke (George Harrison) 1735. 1,000 to 1,500 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Perry (Charles). <i>A View of the Levant particularly of Constantinople, Syria, Egypt and Greece,</i> L. (T. Woodward) 1743. 800 to 1,200 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Shaw (Thomas). <i>Travels, or Observations Relating to Several Parts of Barbary and the Levant,</i>, Oxford (The Theatre) 1738. 600 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (Nicholas) Bishop of Ferns] Attributed, <i>Recit Exact et Fidele de la Vente et Partage du Roiaume d'Irlande Fait Sous Charles II…,</i> Milan (Chez Charles Joseph Quinto) 1724. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (V. Rev.Dr. Nicholas, Bp of Ferns.)] <i>The Unkinde Desertor of Loyall Men and True Frinds,</i> 12mo, n.p. 1676. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Yeats (W.B.) <i>Plays and Controversies,</i>, N.Y. (The MacMillan Company) 1924, Signed Limited Edn. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Barrie (J.M.) & Thomson (Hugh) illus. <i>Quality Street, a Comedy in Four Acts,</i> L. (Hodder and Stoughton) 1901, Limited Edition, signed by the artist. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Molyneaux (William). <i>The Case of Ireland's being bound by Acts of Parliament in England Stated,</i> [London 1719]. 200 to 300 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Johnston's (W. & A.) Map of South Africa, to illustrate the Military Operations 1900. 100 to 150 €

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

  • <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Very scarce autograph letter, signed, by Emily Tennessee Donelson, wife of Andrew Jackson Donelson, who served as First Lady / White House Hostess to President Andrew Jackson from 1828 to about 1834. $1,000 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> Thirteen Edward Wells maps plus title page from his rare atlas, A NEW SET OF MAPS BOTH OF ANCIENT AND PRESENT GEOGRAPHY. $600 to $700.
    <b>Case Antiques, Jul. 11 – 12:</b> L.B. Folger and C. Kallenback: MEMPHIS - BIRD'S EYE VIEW - SUPPLEMENT TO THE APPEAL. Scarce lithograph on paper. $800 to $1,200.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Large NASA-Space Race era archive of material related to Colonel Michael J. Vaccaro, director of administration of the Marshall Space Flight Center of Huntsville, Alabama. $800 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> 1836 slavery related document signed by President Andrew Jackson, Andrew Jackson Jr., and Andrew Jackson Donelson. $800 to $1,100.
    <b>Case Antiques, Jul. 11 – 12:</b> Roger Sherman Signed CT Land Grant, 1757. $600 to $700.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Letter archive related to the Randolph family of Virginia, including Mr. and Mrs. Thomas Jefferson Randolph, Lewis Meriwether Randolph – the grandson of President Jefferson. $400 to $500.
    <b>Case Antiques, Jul. 11 – 12:</b> Louisiana, as formerly claimed by France, now containing part of British America to the East in Spanish America to the West of Mississippi map, by Thomas Kitchin, 1765. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Andrew Jackson manuscript document, unsigned, containing notes on several Tennessee legal cases, including one regarding a slave, circa 1790-96. $350 to $450.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> VA Civil War Photo, Alexander Gardner – Timothy O'Sullivan. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Military Archive, WWI/WWII French Soldier Paul Didier. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Early Virginia Map, B. Tanner, J. Reid, 1796. $300 to $400.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online Auction 6-21 July</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> Albert Einstein, typed letter signed, explaining the nature of his personal atheism and belief in God. $70,000 to $100,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington. Autograph letter signed to Bryan Fairfax, looking forward to the Treaty of Paris, 5 February 1783. $60,000 to $80,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Alfred Swaine Taylor. Early “photogenic drawing,” photograph of a fern, dated 2 December 1839. $10,000 to $15,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online Auction 6-21 July</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> "Departure of Mr. Lincoln—Parting Address" in the <i>Weekly Illinois State Journal,</i> Vol. XXX, No. 1541, Springfield, February 13, 1861. $4,000 to $6,000
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Harrison document signed certifying the service of Daniel Cumbo, a black Revolutionary soldier. $10,000 to $15,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Front page printing of the Articles of Confederation in the <i>New-Jersey Gazette,</i> Vol. 1, No. 22. Trenton, April 29, 1778. $4,000 to $6,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online Auction 6-21 July</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington Funeral Procession Broadside. Boston, January 6, 1800. $5,000 to $7,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Philippe Laroque, printed score for “The Heroe of New Orleans Battle.” Philadelphia, 1815. $3,000 to $5,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Report of the Battle of Queenston Heights, the first major battle in the War of 1812, in <i>Supplement to the Quebec Gazette,</i> 24th October 1812. $2,000 to $3,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online Auction 6-21 July</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> His Majesty's Most Gracious Speech to both Houses of Parliament, On Tuesday the Eighteenth Day of November, 1760. London, 1760. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Elegy on the Death of James Lawrence, Esq. late Commander of the U.S. Frigate Chesapeake. [Boston]: A. Bowen, 1813. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Lincoln's Commission as Major General, signed by John Hancock, 19 February 1777. $30,000 to $50,000.
  • <b>Swann Auction Galleries July 16:</b><br>N.C. Wyeth, <i>The Black Arrow,</i> oil on canvas, for the book by Robert Louis Stevenson, 1916. $150,000 to $250,000.
    <b>Swann Auction Galleries July 16:</b> Laurent de Brunhoff, mixed media color study for <i>Babar’s World Tour,</i> 2005. $10,000 to $15,000.
    <b>Swann Auction Galleries July 16:</b> Hilary Knight, <i>Eloise with Valentine,</i> watercolor, ink & pencil, 2015. $25,000 to $35,000.
    <b>Swann Auction Galleries July 16:</b> Howard Pyle, <i>It was a Comrade from His Own Regiment,</i> oil on canvas, for <i>Harper’s Monthly Magazine,</i> 1909. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Coby Whitmore, <i>‘Poor baby! You want me so much,’ she said,</i> acrylic, for <i>The Saturday Evening Post,</i> 1968. $6,000 to $9,000.
    <b>Swann Auction Galleries July 16:</b><br>Al Hirschfeld, <i>Charley’s Aunt,</i> pen & ink, for the Broadway revival, <i>The New York Times,</i> 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Erté, <i>Décor de Laideronnette,</i> gouache set design for third movement of <i>Mother Goose,</i> 1949. $5,000 to $7,500.
    <b>Swann Auction Galleries July 16:</b> Vince McIndoe, <i>Villainous Last Supper, DC Comics,</i> oil on canvas, 2016. $4,000 to $6,000.
    <b>Swann Auction Galleries July 16:</b> Arthur Getz, <i>Rooftop Party,</i> casein tempera, cover illustration for <i>The New Yorker,</i> 1970. $2,000 to $3,000.

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