California Passes Law That Could Make Getting Any Autographed Book or Art in the State Very Difficult [UPDATED]

In an alleged attempt to stop sports memorabilia fraud, onerous paperwork and privacy-violating requirements now attached to any autographed item sold for over $5.


California Gov. Jerry Brown signed into law this month Assembly Bill 1570, masquerading as some light consumer protection, expanding an existing law that applied just to sports memorabilia to all autographed items. It could if fully enforced squash, among other things, the practice of author book events in the state.


The bill, in its own language, demands that "all autographed items" in the state sold by a dealer (defined as "a person who is in the business of selling or offering for sale collectibles in or from this state, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles") for more than $5 (that's five) come with a signed, dated, in at least 10-point boldfaced type "certificate of authenticity to the consumer at the time of sale."

That certificate cannot be generic pre-printed boilerplate paperwork, but must:

1) Describe the collectible and specify the name of the personality who autographed it; (2) Either specify the purchase price and date of sale or be accompanied by a separate invoice setting forth that information. (3) Contain an express warranty, which shall be conclusively presumed to be part of the bargain, of the authenticity of the collectible….(4) Specify whether the collectible is offered as one of a limited edition and, if so, specify (A) how the collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known…"

Wait, there's more. This certificate, which the dealer must now by law keep a stored copy of for at least seven years from sale, must also:

(5) Indicate whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provide proof thereof; (6) Indicate the last four digits of the dealer's resale certificate number from the State Board of Equalization; (7) Indicate whether the item was autographed in the presence of the dealer and specify the date and location of, and the name of a witness to, the autograph signing; (8) Indicate whether the item was obtained or purchased from a third party. If so, indicate the name and address of this third party; (9) Include an identifying serial number that corresponds to an identifying number printed on the collectible item, if any. The serial number shall also be printed on the sales receipt. If the sales receipt is printed electronically, the dealer may manually write the serial number on the receipt."

Such sellers of autographed items must also:

at the location where the collectible is offered for sale and in close proximity to the collectible merchandise, [display] a conspicuous sign that reads as follows:

Exempted are pawnbrokers, online sales sites (though not the dealers using the sites), and the actual human doing the autographing if he's also the person selling the item.

Various state booksellers are pretty steamed about this, for the onerous paperwork requirements it places on the totally innocent and popular practice of selling signed books, and of hosting events in which autographed books are made and sold, either then or later.

Brian Hibbs of the store Comix Experience in San Francisco noted in an open letter to Assemblyman David Chu that "I assume that the intention of the bill was to help combat fraudulent 'autograph mills' for collectibles, but because it is written so broadly, the actual real world consequences of this bill will likely be devastating for thousands of legitimate California-based Book and Comic Book stores."

Why? As Hibbs explains, they like to do "dozens of author events each year" in which "we have authors sign all of our inventory which we then sell strictly for cover price as a bonus for our customers."

Hibbs believes, and I think this is a perfectly reasonable complaint, "To have to generate and track individual 'Certificates of Authenticity' for each and every book (let alone trying to identify potentially hundreds of existing items in our inventory) would make already break-even business even less tenable."

Hibbs is very worried about the huge liability the law creates for book sellers, since the law provides that someone who sues a bookseller for violating this law

". . . shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs, reasonable attorney's fees, interest, and expert witness fees, if applicable, incurred by the consumer in the action. The court, in its discretion, may award additional damages based on the egregiousness of the dealer's conduct." (Civil Code, section 1739.7 (g))

"Ten times! That seems rather draconian, and I think it could very well lead to professional frivolous lawsuits to shake down legitimate California businesses," Hibbs wrote. "Independent booksellers were not dragging their heels on this – I believe that most of my peers have absolutely no idea whatsoever that this law is on the books," Hibbs notes. (Why would they? Unless they are reading this.)

Eureka Books in Eureka, California, also has publicly noted the damage this silly law could cause them and other sellers of autographed books, or even greeting cards by local artists as they do:

Each year, we sell more than a thousand books signed by local authors, every one of these will need to have an accompanying COA. In odd-numbered years, we sell books for the Humboldt County Children's Book Author Festival. In 2015, we sold 1605 signed books to benefit the festival. That's 1605 COAs, to be filed and stored for seven years.

And recall, they cannot by law be generic.

At Eureka Books, we probably have a couple of thousand signed books in stock. Under this law, we now have to reveal where they came from. I am quite certain that no one who has sold us books wants that information made public on a COA that can end up on eBay or elsewhere on the Internet.

This was a well meaning law, aimed at forgery mills. But it hits thousands of legitimate businesses, invades the privacy of consumers, and will put a damper on art and book sales in California. If you are a California book collector, art collector, or simply someone who might sell something signed and don't want your name and address attached to the item, please contact your state legislators.

Scott Brown of Eureka Books points out that art dealers should also be up in arms, since the law as written requires the person a dealer sells a signed item to to be informed about who he bought it from:

This is both an invasion of privacy and represents a danger to the seller as the COA provides a literal map for potential thieves. Auction houses, such as Bonhams, PBA Galleries, Clars, Heritage, Christies, and Sotheby's would also find it difficult to sell signed items of any kind after this law goes into effect.

Brown spells out the deleterious possibilities of that requirement:

every signed item in our inventories would now require certificates of authenticity bearing the name of the person from whom we acquired the item.

Can I put their name and address on the COA without their permission, since it is now required by law? Or do I need to ask, and what happens to the items for which the seller declines to have that information made public? Do I have to discard tens of thousands of dollars in signed inventory to protect the privacy of my sources? The problem for art galleries could easily reach into the millions of dollars.

And those running trade shows where old books or art might be sold, bear this in mind from the law:

Whenever a promoter arranges or organizes a trade show featuring collectibles and autograph signings, the promoter shall notify, in writing, any dealer who has agreed to purchase or rent space in this trade show what the promoter will do if any laws of this state are violated, including the fact that law enforcement officials will be contacted when those laws are violated. This notice shall be delivered to the dealer, at his or her registered place of business, at the time the agreement to purchase space in the trade show is made. The following language shall be included in each notice:

"As a vendor at this collectibles trade show, you are a professional representative of this hobby. As a result, you will be required to follow the laws of this state, including laws regarding the sale and display of collectibles, as defined in Section 1739.7 of the Civil Code, forged and counterfeit collectibles and autographs, and mint and limited edition collectibles. If you do not obey the laws, you may be evicted from this trade show, be reported to law enforcement, and be held liable for a civil penalty of 10 times the amount of damages."

Slight disclosure: as an author of four books whose essays and reporting have been anthologized in around 10 more books, who has done around 10 bookstore event signings in the state of California for books I've written or contributed to, my own interests could be harmed by any attempt to actually enforce the letter of this law.

Heidi McDonald at the invaluable Comics Beat site also wrote about the dangers the law poses to signed comic books today.

Hat tip: Jackie Estrada.

UPDATE A legislative source who asked not to be named as he is not officially deputized with the job of explaining things to the media tells me today that in his opinion of both the intent and the precise language of the bill, the sort of book dealers complaining about this should stop worrying: that the law is both not intended to apply to them and by the letter of it would not be interpreted as such.

The word he points to that he thinks absolves them? At 1739.7 (a) (4)(A) the definition of "Dealer" has an extra word than its definition in the text atop the bill, from which I directly quoted above, saying that a dealer "means a person who is principally in the business of selling or offering for sale collectibles."

With that word "principally," this source believes that a book dealer who only sells a few, some, or at any rate a small percentage of his total sales, autographed items (which is what "collectibles" means in the letter of this law) is not apt to be considered to have to obey this law and its onerous paperwork requirements.

This source admits that the art market, where nearly everything they sell is "autographed"/signed, might be different, but says that it was certainly not intended to affect them and that. unlike the book dealers, no one from that world seems worried so far or expects the law to apply to them. (Though I see nothing in the letter of it that would exclude them, and most of them are unequivocally "principally" in the business of selling autographed/signed things.)

NEXT: Republican Senators (Including Mike Lee) Again Attempt to Blockade Online Gambling

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  1. Imagine a world where autograph and memorabilia nerds are ripped off constantly until the whole idea of value in such bullshit fades away.

    You may say I’m a dreamer,
    but I’m not the only one.

      1. He’s The Eggman. The Walrus was Paul and Paul is dead.

    1. Koo Koo, etc.

  2. Notably exempted are “pawnbrokers, online sales sites”. Yes, these paragons of virtue get a pass: pawnbrokers never lie, and everything on the internet is authentic. I know who paid the lobbying fees for this bill.

    1. You must have missed the part where shakedown artists get a 10x bounty for ferreting out lawbreakers. The Stasi worked that way – get everybody informing on their neighbor and pretty soon your neighbor is your worst enemy and nobody trusts anybody else. It’s hard to organize a revolt when everybody’s a paid government informant and everybody knows it.

  3. Start working at home with Google! It’s by-far the best job I’ve had. Last Wednesday I got a brand new BMW since getting a check for $6474 this – 4 weeks past. I began this 8-months ago and immediately was bringing home at least $77 per hour. I work through this link, go? to tech tab for work detail,,,,,,,

  4. The progressive socialist democrats will never ever be satisfied until everything about an individual, what they cherish, desire, emit, consume, etc. is taxed and regulated.

    That is the sole reason they want cannabis ‘legalized,’ so it can be taxed and regulated.

    It would not surprise me if they even taxed and regulated our farts.
    Each one unique and therefore taxed and regulated accordingly.
    This would give their central committee much time to analyze each fart and how it should be taxed and regulated.

    1. Oops, I just avoided their oversight.

      Now I did it again.

    2. Isn’t CA going to regulate cow farts? Humans could be next!

    3. Er… it was a REPUBLICAN from Diamond Bar, NOT a “progressive socialist Democrat”, who wrote this ridiculous law.

  5. Are you saying my dick prints are worthless?????

    1. Not to us man.

    2. You gotta be able to charge at least $5, Playa.

      1. I’m deducting at least 10x that on my taxes.

        1. I’ll join ya. *unzips*

  6. Exempted [is] the actual human doing the autographing if he’s also the person selling the item.

    *** meekly raises hand ***

    Can the item be another human?

    1. The end of an era – no more rockstars signing tits.

    2. In California, most certainly yes. But here in the United States, slavery is illegal, so probably not.

  7. I hope nobody makes a tasteless joke about how this will not affect signed copies of Brian’s books.

    1. I posted this in the angry Gary thread, but since that thread is dead:

      Where does a disconnected Johnson find purpose again?
      An Aleppo colony.

    2. He should’ve just said, “NO ONE. Next question.”

      1. But that makes it seem like he is not a team player. He could have said something like “I tend to admire people that work to make the world a better place through social and economic means, rather than political means,” but that would be a little self-contradictory, since he is running for president. The Dalai Lama could be a rather safe answer, I suppose. Or Mugabe.

    3. “Name anybody in the world you like,” Matthews continued on Wednesday.

      […] Gov. William Weld, coughed up the name of German chancellor Angela Merkel.

      Angela Merkel?!?

  8. Hmmm…say what you will about the UN not protecting human rights, but at least they stand up for the integrity of UNESCO World Heritage sites.

    I guess we better start classifying vulnerable civilian populations as heritage sites.

    1. No tourist dollars in vulnerable human populations.

  9. This is how you know politicians have too much time on their hands.

  10. I’m beginning to get the idea that the more government you add to a situation the worse it gets.

    Naw, that’s just crazy.

  11. Oh California, what a treasure trove of stupid laws you have. If any California citizen has some spare time and wishes to despair for humanity, traipse on down to a law library and read the thousands and thousands of pages of Shit You Can’t Do or Shit You Have to Do. An illustration:

    The other day I was looking up the anti-non-compete agreement statutes California Business and Professions Code 16600 et seq., when I stumbled upon this nearby statute:

    16603. Every person who, as a condition to a sale or consignment of any magazine, book, or other publication requires that the purchaser or consignee purchase or receive for sale any horror comic book, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

    Got that? If you sell comics, and have a special where you have to buy a horror comic book along with any other book, you can get thrown in a rape cage for half a year. Land of the Free!

    1. Is there a notation indicating whether or not the courts regard that particular law as constitutional?

      1. It hasn’t been addressed in a published case, as far as I can tell. It was passed in the ’50’s, I believe, as a result of the comic book scare, but was amended as recently as 1993, which tells me that the California Legislature had nothing better to do than to update an obviously stupid law. My representatives hard at work.

        1. My dad did *not* like me reading a comic where the villain throws a corrosive red powder on his own henchman, and in several panels we see the henchman’s skin dissolve until he’s a skeleton.

          Which now that I put it down in words sounds kind of nasty, though at the time I didn’t really see it as any big deal.

          1. I mean, the henchman was strictly a secondary villain, and the reader really wouldn’t miss him.

    2. “As used in this section “horror comic book” means any book or booklet in which an account of the commission or attempted commission of the crime of arson, assault with caustic chemicals, assault with a deadly weapon, burglary, kidnapping, mayhem, murder, rape, robbery, theft, or voluntary manslaughter is set forth by means of a series of five or more drawings or photographs in sequence, which are accompanied by either narrative writing or words represented as spoken by a pictured character, whether such narrative words appear in balloons, captions or on or immediately adjacent to the photograph or drawing.”

      1. So five panels portraying a burglary makes it a horror comic book?

        1. PANEL 1: Criminl kickw down the door

          PANEL 2: Criminal steals all the jewelry in the woman’s bedroom.

          PANEL 3: Criminal rapes the woman.

          PANEL 4: …and keeps raping her

          PANEL 5: Criminal shown strolling down the street whistling a merry tune.

          No, only four panels of burglary…sounds OK to me!

        2. I think that that part came in an amendment to the original statute. Because obviously the will of the voters needed to be distilled into that addendum.

        3. I see voluntary manslaughter. So, you could fill a comic book (or booklet) with nothing but scenes of people committing involuntary manslaughter and everything is A-OK.

        4. Just read it closer. If I’m reading it right, as long as the drawings aren’t “accompanied by either narrative writing or words represented as spoken by a pictured character…” then it isn’t a “horror comic book”. So rape her all you want, just keep yours -and hers- voices down.

          1. I’m pretty sure the 5 or more wording is a way to exempt newspapers without actually saying “newspaper comics are exempt”. Although I’m pretty sure that (especially in tabloids) you could find any number of newspaper stories, accompanied by at least 5 pictures, that would fall afoul of this law. For that matter, you can probably find actual books that would also qualify.

            Another thing to think about is what “series of five or more drawings or photographs in sequence” means. Does “in sequence” mean they have to be one after another? Can we insert a “Meanwhile, back at the ranch…” panel every 4th panel to get around it?

  12. Dr Dot bites. What about those temporal flesh nibble toothy autographs into the nervous system? Fuck it.. eat my glut chucks, lovely Dr. Dot.

  13. Bottles are only as empty as the moon keeps gingerly lilting under the skirts of that fucking dark curtain painted with daubs of shiny yellow.

  14. Jesus Fucking Christ

    I assume this does not affect private sales? I used to buy and sell books. I still have, for one example, a signed Jackie Robinson book. Do you know how I know it is authentic? The signature is in ink on the FFEP (not the title or half title page) and matches Jackie Robinson’s signature. I paid $1 for it at a school PTA fundraiser sale. It had a $1 price sticker on it in addition to the school sale’s that indicated it was previously sold for $1. It’s worth about 750-1100 times that.

    1. I find it hard to believe you don’t have any chickens with beaks autographed by Matt Bevin.

      1. Dear God, Politifact contacted HSUS to ask if the founding fathers were cockfighters? Now let’s contact Michael Belleisle , Michael Bloomberg and the Brady campaign to confirm the founders thought privately owned firearms were “icky”.

    2. There is nothing in the legislation that I can tell that exempts private sellers.

    1. If you’re not with us, you’re against us.

  15. The earth and moon are the sexy buttocks of our spinning felicity, man. and space between is pure fucking anal probe from another big bang way fucking ancient and built to fuck with naive universes and shit.

  16. This covers every signed painting? Lol.

  17. I can’t imagine that this should come as a surprise to most entrepreneurs. Surely anybody who plans to operate a business in California expects to be over regulated and over taxed and to be denied most freedoms of choice. Out here in flyover land I’d consider that to be 21st century California Dreamin.

  18. Fucking road that drifts between the mind and fingers…

  19. A lot of courage is required to dance naked in the snow and in front of the reflections of modern bricks holding the mirrors of liquids captive.

  20. I’m impatiently waiting for that earthquake that is supposed to slide California into the ocean.

    1. You probably have some nice memories of Cali though. I bet you hit a bunch of home runs at Dodger Stadium.

      1. Yes, those were good days. Oh, to be one of the boys of summer again…

    2. Sidewalks scarred with streetlights
      Grit pouncing the edges of bars
      worn leather boots on the crumbling curbs
      under the echoes of lamps whistling short
      dreams and regret roses splashed by passing taxis
      plying survival and nods

      Weeds breaking the swathes of suburbia
      and fucking jittery fucking time-drenched
      nobodies hauling wagons of wardens check on
      the weeds and grit and when the moon goes
      down these turd festered skittering skrills
      wage lamp lit wars on dreams and reason

  21. Agile 2016!
    That’ll show ’em.

  22. Epstein’s article should be reprinted regularly:
    “…I mean years ago I wrote a series of papers on why health care is special, claiming that it isn’t special and that the moment that you start to make it special, it just turns out that it overheats in particular ways, but the special metaphor is used everywhere. So to give you an example in the 1930s we started to introduce the Agricultural Adjustment Acts which completely wrecked farm prices. Why did we do it? Because farmed goods are special. Why’re they special? Because they’re highly responsive to changes in supply and demand, which is a good thing and we have to quote unquote stabilize the market. It’s a disaster. […]
    Anytime you call something special it’s the mark of Zorro, it’s the mark of Cain on your forehead. You are about to kill a particular market in the name of trying to make it accessible and affordable to everyone”…..rtin-act/2

    The market is autographs is now deemed “special”, as is a certain grouping of athletic events…

    1. Soon we’ll all be Special. Like the Olympics.

      1. Ding! Ding! Ding!

  23. Slight disclosure: as an author of four books…

    You know who else wrote a book?

    1. LeVar Burton?

  24. If the entire brain of collective woman plus man was a spaceship we would already be on the other side of the universe.
    If the entire sexuality of collective man and woman was a dildo we would have already fucked all the aliens whilst traveling to the other side of the universe.
    If this was true then no ticket can ever be sold for such a trip because humans are assholes generally which means almost nothing past the moon, man. Nothing past the moon. Musk was born too soon. Hope fucking Aubrey De helps’im out on dat one. Fuck you Aubrey for controlling my goddamn fingers with your supernatural power, whore.

  25. Groovy tech future slides always beam from Brooks and his old million record basement. I loved Brooks because he was a giant man with an even more giant forehead that always ate pickles and fucking turkey sandwiches and fucking fritolay rippled chips every single goddamn day in a tiny kitchen with thousands of fucking magazines and records filling all the rooms of his sunset house and I would so fucking work in this museum.

  26. The latest in the Obama administration’s “government doesn’t have to provide religious accomodations, but private entities do” crusade:

    “ERIE, Pa. (AP) ? Federal authorities are suing a Pennsylvania hospital, alleging religious discrimination in the firing of six employees who refused to get flu shots….

    “The Erie Times-News…reported that Saint Vincent [Hospital] required certification by a clergy member for such exemptions, and that the fired employees were told they “did not provide proof of religious doctrine.””

  27. Some large spaces with glowing windows in the front
    and the penetration into this space is a hinged press of a body
    gliding within and the eyes of the boy glance about
    and time becomes a black widow spinning webs throughout
    the wonderland of a present glittering with old boxes filled
    with beaches and babies and offhand photographs

  28. the spirit of a dead black girl is killing my soul right now

  29. Agile’s heart screams to be haunted by Sarah VaughAn a most delectable decibel poltergeist of poetic proportions amid all the fucking finger chasms and these yachts of letter collected spooling copper toned nano angels of the threads of oceanic reason monsterolio writers, scribes, transmitters, and poets

  30. humans love our dead gods and goddesses but we should just look at this like reality voices from behind the cold wall of joy whatever that is jesus fuck man, what the fuck is the cold wall of joy, bitch? self or whatevs

    fucking old records fuck me up

  31. you might be young today and your lovely special connective tendon to the stars whimpers or screams your reality into the records of the stars but tomorrow your young is looking at your skin and wondering while the favorite phone of your youth holds a museum of dreams and emotions, boy or gentle lady

    simple story here is slow your regression into death by focusing on the long moment
    enjoy or notice the minutes, flowers, clouds, loves, and self of every fucking now

    time is now and beyond in tears
    and a glance of obsession

  32. the voices of the stars must be turned off
    and the spine of the mind released into the
    effervescent expression of skin and limb and mind
    and bowing into the winds of the stars
    the track of man plods on deep under the shivering
    , jittering, tottering, lost wings of discovery where times
    of selves spin valleys of sighs and gentle ponderings
    and mellow recoil to the soul and its apex of cliffs and dark stones and rivers of rainbows and…..

  33. Xavier . I can see what your saying… William `s posting is incredible… last monday I bought themselves a volvo after I been earnin $5905 this-past/5 weeks and-just over, 10k this past munth . without a doubt its the coolest job I’ve ever done . I actually started four months/ago and pretty much immediately brought home at least $69 p/h . look at this now


    1. Xavier? Who the hell is Xavier? Stoopit bot

      1. He’s one of Professor X’s “gifted youngsters”.

  34. the jaw spinning behind the cheek bone and the deep sigh
    the mind checking and the double take on a rainy afternoon afterwards
    the look up when a million eyes are everywhere else
    the shiver under the palms in the arctic
    the gentle plodding self on the spacious revolutions of you and me
    churning mellow smashing rivers of oxygen crushed behind grey torrents and poltergeists
    who swim the ripples of death screaming and cavorting to gasps and trembles

  35. underneath the walls of eyes thick with edifices the robed prophet stumbled into a large cave
    he felt about the cavern of life and slept in the shadows for a time and sat upright, his instruments
    clacking and clicking…. the earth was both dry and rich with clouds but our here now was alive in the times of long richness
    the branging thudding hells of escape only brutalized my resolve and then the long winds fell silent at the tender fates.

  36. What’s to stop unscrupulous dealers from simply forging the certificate of authenticity?

    They out to pass a law requiring a certificate of authenticity for the certificate of authenticity.

    1. The predatory lawyers who will be scouring the state for errors, omissions, and – ocassionally – actual wrongdoing so they can collect them ten-fold damages.

      Its worked so well for employment law, asbestos medical implant litigation, and the ADA.

      1. So you’re saying we need more predatory lawyers! Quick! Pass laws to subsidize student loans for law school! There is no way this will cause more problems!

        Good ideas! All the way to the bottom!

  37. . . . any attempt to actually enforce the letter of this law.

    Not to worry. I am informed by the ‘Top Men’ of my state (the great state of Arizona) that prosecutors would never abuse their prosecutorial discretion and try to bang you up for violations of this law to gin up headlines and further their careers.

    Its why AZ has implemented the ‘throw all parents in jail law’ and the legislature is pondering simplifying the A.R.S down to a single statute.

    “It shall be a crime to engage in wrongful conduct, as determined by the facts and circumstances.”

  38. This was a well meaning law, aimed at forgery mills.

    Oh, you na?ve fool. This wasn’t well-meaning at all.

    1. Then what was it meaning?

  39. Hopefully, until this law is repealed or clarified by the legislature, courts will rule that ordinary bookstores that sometimes sell autographed books aren’t “in the business of selling or offering for sale collectibles”, but rather in the business of selling books, and will not hold them to the terms of this law. But that may be too much to hope for.

  40. The $5 cutoff is pretty much saying “anything offered for sale with an autograph” since aside from otherwise blank pieces of paper, there’s not a whole lot that might be autographed that doesn’t already cost $5. An official MLB baseball (which strikes me as pretty much the cheapest & most generic of autographable items) will set you back $5 without an autograph.

    Also worth noting is that the sheer volume of paper that will be produced by this is ridiculous when you think about it. For items that don’t take up much space (baseball cards, comic books), the space required for sellers to maintain paperwork for 7 years would soon outstrip the space required for their inventory.

  41. I have no doubt this law was crafted with support by civil tort attorneys as another revenue stream, it is not by accident that its written so broadly.

  42. The update is bullshit. You know damn well some asshole will ignore that word if he can make a bust.

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