Controversial California Autograph Law Amended
Change is in the air in California.
Readers of this blog may recall California's passage of AB-1570 Collectibles: Sale of Autographed Memorabilia, which went into effect in January 2017. That law required all dealers of any autographed material worth more than five dollars to fill out a certificate of authenticity (COA) specifying date of sale, the dealer's name and street address, and the name and address of the person from whom the autographed item was acquired if the item was not signed in the presence of a dealer. AB-1570's goals were to prevent the distribution of forged autographs, but many booksellers felt they were swept up by a vague law with onerous requirements. Still others felt that portions of the law constituted an invasion of privacy, citing possible violations of California's Reader Privacy Act of 2011.
Co-sponsored by the Antiquarian Booksellers' Association of America (ABAA) and signed into law by Governor Jerry Brown on October 13, 2017, AB 228 amends the previous legislation to better address the needs of booksellers in California.
The new law excludes all books, manuscripts, correspondence, and any ephemera unrelated to sports or entertainment media from the "autographed collectibles" regulation set forth in AB-1570. Rather than provide a Certificate of Authenticity--a lengthy document requiring sellers to disclose where autographed items were purchased that many booksellers found onerous--dealers of autographed collectibles may provide an "Express Warranty" incorporated in an invoice instead. Additionally, civil penalties for failing to comply with the law have been lowered as well.
"We are thrilled," said Susan Benne, ABAA's executive director. "The amended law removes the unintended consequences of the previous law, while providing the protections to the consumers it was intended to. We thank the lawmakers, booksellers, organizations, and professionals who supported the effort and made this happen." Joining the ABAA lobbying group were many ABAA members liks Brad and Jen Johnson and Laurelle Swann, as well as organizations like the Grolier Club, the Manuscript Society, and the Professional Autograph Dealers Association.
The 200 dealers descending on Pasadena for the California International Antiquarian Book Fair next month will no doubt be pleased with the changes.
