Rare Book Monthly

Articles - September - 2010 Issue

Protecting Your Rights to Books You Consign


So, ask at the courthouse for a UCC-1 form. They probably have one, or can tell you where to download a copy online. Fill it out, and be sure you have the bookseller's business or corporate name and address correct. Otherwise it may not apply. The filing must be done at the courthouse in the bookseller's jurisdiction (location), not yours if they are different. You will state the date when the consignment takes effect. Do not give the seller your books before this date; do not give him your books before the UCC forms are filed at the courthouse. Otherwise that electrician may rely on those books before you have put him on legal notice of your title.

Now, there's one more thing you need to do to be sure you're secured, which may require some friendly guidance from a courthouse clerk. You need to do a search of any preexisting liens against the seller's inventory. If there are any, you need to provide written notice to these preexisting lien holders of your continuing ownership of the books. Otherwise, their lien may attach to your books! In a bankruptcy sale, proceeds from the sale of your books could go to pay off the lien holder's secured debt. In other words, you might not get a penny from the sale of your books.

If the consignor in the Thomas case had done all of these, would she then have been totally secure? Not quite. She did not make her claim until eight years after she consigned her book. A UCC filing is good only for five years. When the five years are up, if the bookseller still has your books, you must make a new filing, and provide written notification to all persons holding liens against his inventory at the later time. Also, if the bookseller changes his business name, you will need to refile the form under his new name.

As noted earlier, this is just a brief overview, and may not cover everything you need to know in your jurisdiction. If you seriously value the books you consign, we recommend hiring a licensed attorney, and if they are not quite valuable enough to justify this in your mind, spend some time making helpful friends around the courthouse and read up on local law in the place where the bookseller conducts his business.

Rare Book Monthly

  • Sotheby’s
    Book Week
    December 9-17, 2025
    Sotheby’s, Dec. 11: Darwin and Wallace. On the Tendency of Species to form Varieties..., [in:] Journal of the Proceedings of the Linnean Society, Vol. III, No. 9., 1858, Darwin announces the theory of natural selection. £100,000 to £150,000.
    Sotheby’s, Dec. 11: J.K. Rowling. Harry Potter and the Philosopher's Stone, 1997, first edition, hardback issue, inscribed by the author pre-publication. £100,000 to £150,000.
    Sotheby’s, Dec. 11: Wolfgang Amadeus Mozart. Autograph sketchleaf including a probable draft for the E flat Piano Quartet, K.493, 1786. £150,000 to £200,000.
    Sotheby’s, Dec. 12: Hooke, Robert. Micrographia: or some Physiological Descriptions of Minute Bodies made by Magnifying Glasses. London: James Allestry for the Royal Society, 1667. $12,000 to $15,000.
    Sotheby’s, Dec. 12: Chappuzeau, Samuel. The history of jewels, first edition in English. London: T.N. for Hobart Kemp, 1671. $12,000 to $18,000.
    Sotheby’s, Dec. 12: Sowerby, James. Exotic Mineralogy, containing his most realistic mineral depictions, London: Benjamin Meredith, 1811, Arding and Merrett, 1817. $5,000 to $7,000.
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    Maps & Atlases, Natural History & Color Plate Books
    December 9, 2025
    Swann, Dec. 9: Lot 156: Cornelis de Jode, Americae pars Borealis, double-page engraved map of North America, Antwerp, 1593.
    Swann, Dec. 9: Lot 206: John and Alexander Walker, Map of the United States, London and Liverpool, 1827.
    Swann, Dec. 9: Lot 223: Abraham Ortelius, Typus Orbis Terrarum, hand-colored double-page engraved world map, Antwerp, 1575.
    Swann
    Maps & Atlases, Natural History & Color Plate Books
    December 9, 2025
    Swann, Dec. 9: Lot 233: Aaron Arrowsmith, Chart of the World, oversize engraved map on 8 sheets, London, 1790 (circa 1800).
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    Swann, Dec. 9: Lot 240: Anthony Finley, A New American Atlas, 15 maps engraved by james hamilton young on 14 double-page sheets, Philadelphia, 1826.
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    Maps & Atlases, Natural History & Color Plate Books
    December 9, 2025
    Swann, Dec. 9: Lot 263: John Bachmann, Panorama of the Seat of War, portfolio of 4 double-page chromolithographed panoramic maps, New York, 1861.
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    Maps & Atlases, Natural History & Color Plate Books
    December 9, 2025
    Swann, Dec. 9: Lot 283: Joris van Spilbergen, Speculum Orientalis Occidentalisque Indiae, Leiden: Nicolaus van Geelkercken for Jodocus Hondius, 1619.
    Swann, Dec. 9: Lot 285: Levinus Hulsius, Achtzehender Theil der Newen Welt, 14 engraved folding maps, Frankfurt: Johann Frederick Weiss, 1623.
    Swann, Dec. 9: Lot 341: John James Audubon, Carolina Parrot, Plate 26, London, 1827.

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