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Author
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Topic: California law: Autograph sales and certification
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cfreeze79
Member Posts: 455
From: Herndon, VA, USA
Registered: Nov 2000
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posted 09-30-2016 07:33 PM
   
Anyone seen/read about this? California's new Assembly Bill 1570, 'Sale of Autographed Memorabilia' law requires a Certificate of Authenticity (COA) for any signed item worth more than $5. Failure to issue the COA could make the seller liable for ten times the value in damages. |
Hart Sastrowardoyo
Member Posts: 3445
From: Toms River, NJ
Registered: Aug 2000
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posted 09-30-2016 07:49 PM
The bill only affects dealers: "Dealer" means a person who is principally in the business of selling or offering for sale 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 collectibles, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary that by his or her occupation holds himself or herself out as having that knowledge or skill. It does not affect the person signing it, and more importantly, does not appear (on a fast glance) to affect hobbyists — which have a specific definition according to the IRS.In other words, if you put up the occasional (whatever "occasional" may mean) item on eBay, you should have nothing to worry about. Neither should booksellers, as the primary job is to sell books, not autographs. |
JasonB
Member Posts: 1091
From:
Registered: Sep 2003
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posted 09-30-2016 08:37 PM
Ridiculous laws like this that use vague terms like "occasional" would allow them to proclaim basically anyone they want a dealer. It also allows authentication places like PSA or JSA to turn in or go after people who dare not use their services. This sounds like a great way for them to force people to use their services under threat of prison by their local clueless bureaucrats who probably took a healthy "donation" (bribe) to write the law in the first place. |
Robert Pearlman
Editor Posts: 42988
From: Houston, TX
Registered: Nov 1999
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posted 09-30-2016 10:15 PM
quote:
Originally posted by JasonB:
...that use vague terms like "occasional"
I don't see the word "occasional" (or its synonyms) in the bill's text. Rather, the bill stipulates that a dealer is someone who is "principally in the business of selling or offering for sale collectibles."Interestingly, prior to this law, the term "collectible" was (legally) limited to sports items. This bill broadened that definition to any autograph being offered for sale. |
davidcwagner
Member Posts: 799
From: Albuquerque, New Mexico
Registered: Jan 2003
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posted 10-01-2016 12:10 AM
eBay is based in California. Does this law apply to eBay? eBay "deals" in autographs. |
Robert Pearlman
Editor Posts: 42988
From: Houston, TX
Registered: Nov 1999
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posted 10-01-2016 03:01 AM
The bill excludes providers or operators of online marketplaces from its definition of a dealer, which would exempt eBay, Inc.People living in California, or business based there, who use eBay to operate their primary business of selling autographed collectibles are subject to the law, per the bill. |
garymilgrom
Member Posts: 1966
From: Atlanta, GA
Registered: Feb 2007
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posted 10-01-2016 01:37 PM
quote:
Originally posted by Hart Sastrowardoyo:
The bill only affects dealers...
Thanks for the clarification Hart. |
Wehaveliftoff
Member Posts: 2343
From:
Registered: Aug 2001
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posted 10-01-2016 02:44 PM
Any lawyer available to explain more clearly the actual terms of this bill? |
JasonIUP
Member Posts: 282
From: PA
Registered: Apr 2004
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posted 10-01-2016 06:57 PM
I think that only a California-licensed attorney would volunteer to interpret this statute. |
CMikeW
Member Posts: 89
From: United States
Registered: Apr 2013
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posted 10-01-2016 08:45 PM
Seems to me that a COA is just something to get the buyer to spend more money for an autograph than he normally would thinking he is getting a guarantee of genuineness. Usually a COA is an opinion of genuineness, not a guarantee of it. I believe there are about as many phony COAs out there as there are phony autographs. |
stsmithva
Member Posts: 1933
From: Fairfax, VA, USA
Registered: Feb 2007
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posted 10-01-2016 08:56 PM
I read the relevant part of the law, and it's not requiring anything fancy from a third-party authenticator. It just says that if you are selling something as autographed by somebody, you have to put that in writing with a few specific details, then sign and date it. Responsible sellers already provide receipts that have all of this. |
Wehaveliftoff
Member Posts: 2343
From:
Registered: Aug 2001
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posted 10-04-2016 07:07 PM
So just basically, notarize something saying, in your opinion, it is genuine, if not actual recipient? |
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