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Post by Ditch Fahrenheit on May 21, 2017 8:02:44 GMT -8
So, to summarize and make this easier to understand for those who aren't used to reading legal documents, this new law means...
If you sell an autographed comic book in California, you must:
1) Have a Resale Certificate from the State Board of Equalization
2) Provide a Certificate of Authenticity (COA) with each book that includes:
a) Your signature and date of sale.
b) Your true legal name and street address.
c) A description of the collectible, the name of the person who signed it, the purchase price and date of sale (or provide your original invoice).
d) An express warranty of the authenticity of the collectible.
e) Whether the collectible is offered as one of a limited edition and, if so, how.
f) An indication of whether you are 'surety bonded' or otherwise insured and provide proof.
g) The last four digits of your Resale Certificate
h) The date and location of, and the name of a witness to, the autograph signing.
i) Whether the item was obtained or purchased from a third party. If so, indicate the name and address of this third party.
j) 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.
3) Put the following in each advertisement or listing:
"A written certificate of authenticity is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by this dealer."
4) Retain a copy of the COA for not less than seven years.
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Post by Deleted on May 21, 2017 8:18:17 GMT -8
Yup...a person who is engaged in the business of selling or offering for sale collectibles in or from this state.
I am a private collector, adding to and removing from my collection as I see fit.
I am not in the business of selling collectibles.
Not sure why this is such a sticking point with you...
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Post by Deleted on May 21, 2017 8:25:19 GMT -8
Unfortunately, your interpretation of the law doesn't matter. By the way...I'm not sure why you would say this, either. EVERYONE'S interpretation of the law matters...that's why courts exist in the first place. You don't agree with the executive interpretation of the law, you challenge it in court. Your lawyer is more persuasive than their lawyer...in other words, YOUR interpretation...and you win. The State isn't a monolithic entity which makes proclamations from on high that can never be questioned. The State is made up of people, elected representatives in our case, just like you and me, who can make mistakes, just like you and me, and whose opinions are no better than yours or mine. My interpretation matters, as does yours, and anyone else's who is subject to the law in question. |
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Post by Ditch Fahrenheit on May 21, 2017 9:06:29 GMT -8
Yup...a person who is engaged in the business of selling or offering for sale collectibles in or from this state. I am a private collector, adding to and removing from my collection as I see fit. I am not in the business of selling collectibles. Not sure why this is such a sticking point with you...It's not a 'sticking point' with me.  I didn't write this law, nor do I like this law.
But you are incorrect if you believe you are exempt from this law."'Dealer' includes a person engaged in a mail order, telephone order, online, or cable television business for the sale of collectibles."This is very clear. I'm not sure why you don't seem to understand that. And I'm not the first to point out that this new law applies to eBay and other online sellers. I'm not sure if you are aware, but this has been on the news here in the Bay Area for months now. Mom and Pop type booksellers are EXTREMELY upset about this law because it's one more nail in their coffin - they are already struggling to compete against Amazon and others. They are not 'in the business of selling autographed collectibles' either (they sell books), but they know that this new law applies to them. With the advent of this new law, they can no longer hold book signings, and this is going to kill off a lot of their business. One writer was upset because he routinely used to stop by the local booksellers unannounced whenever he was in town and sign a few books for them. He would then use social media to alert his fans that X number of signed books were available at that bookseller. His tweets would help that book store. This is no longer allowed without the proper licensing, COA and advertising proceedures. |
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Post by FiveZero on May 21, 2017 9:24:21 GMT -8
Wouldn't the burden be on the person who chooses to sell the book rather than the bookstore owner? If they're offering a book signing, free of charge. wouldn't they be exempt from this? They could sell the book and have the author sign the book afterwards so that be a workaround?
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Post by Ditch Fahrenheit on May 21, 2017 9:37:28 GMT -8
Wouldn't the burden be on the person who chooses to sell the book rather than the bookstore owner? If they're offering a book signing, free of charge. wouldn't they be exempt from this? They could sell the book and have the author sign the book afterwards so that be a workaround? Yeah, a book store can sell a book without a signature, and then hold a signing afterwards without breaking the law. If the owner of the signed book then sold the book later, the law would apply to them (not the book store that sold the unsigned book) But the way the book stores currently do it, they usually have the author sign a bunch of extra copies which they then sell later. They can't do this now. Also, as many have pointed out, some book stores sell antique books that might be centuries old. If a book like this is signed, there's no way they can comply with the law. |
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Post by FiveZero on May 21, 2017 9:55:29 GMT -8
I guess they can still sell the book, it's just they can't say its signed by whoever. They can still charge a premium for the book without making any claims about the signature.  Maybe they can market the book by saying "Name written on 1st page"? |
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Post by Siggy's Tar Dust® on May 21, 2017 10:35:15 GMT -8
What about yard sales, I wonder. Does this law apply to any monetary value (rhetorical)?
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Post by Ditch Fahrenheit on May 21, 2017 10:57:23 GMT -8
What about yard sales, I wonder. Does this law apply to any monetary value (rhetorical)? The law applies to anything sold for $5 or more. The only exemptions are:- Pawnbrokers who have no special knowledge of collectibles - The person making the signature - An online marketplace provider such as eBay, Amazon, etc. |
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Post by FiveZero on May 21, 2017 10:57:52 GMT -8
This is sooo California. They try to make ownership of guns difficult by banning certain guns and rifles. Then citizens of California came up with a work around then the state wound up banning bullet buttons which resulted in even more restrictions for gun owners.
What's the next step with this stupid Assembly Bill? What's their end game besides eventually collecting more money from their citizens?
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Post by Deleted on May 21, 2017 11:02:59 GMT -8
Yup...a person who is engaged in the business of selling or offering for sale collectibles in or from this state. I am a private collector, adding to and removing from my collection as I see fit. I am not in the business of selling collectibles. Not sure why this is such a sticking point with you...It's not a 'sticking point' with me. I didn't write this law, nor do I like this law.
But you are incorrect if you believe you are exempt from this law."'Dealer' includes a person engaged in a mail order, telephone order, online, or cable television business (emphasis added by OS) for the sale of collectibles."This is very clear. I'm not sure why you don't seem to understand that. And I'm not the first to point out that this new law applies to eBay and other online sellers. I'm not sure if you are aware, but this has been on the news here in the Bay Area for months now. Mom and Pop type booksellers are EXTREMELY upset about this law because it's one more nail in their coffin - they are already struggling to compete against Amazon and others. They are not 'in the business of selling autographed collectibles' either (they sell books), but they know that this new law applies to them. With the advent of this new law, they can no longer hold book signings, and this is going to kill off a lot of their business. The difference, here, is that the stores you cite as not being in the business of selling autographed collectibles are stores. That is, they are businesses. That's why they know this new law applies to them. I am not a business. I am, again, a private collector, adding to and taking away from my private collection as I see fit...eBay or no eBay. I understand the law, and I understand your interpretation of it. But I am not a business, and that is the key word in the law which exempts me. |
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Post by Deleted on May 21, 2017 11:09:14 GMT -8
What about yard sales, I wonder. Does this law apply to any monetary value (rhetorical)? The law applies to anything sold for $5 or more. The only exemptions are:- Pawnbrokers who have no special knowledge of collectibles - The person making the signature - An online marketplace provider such as eBay, Amazon, etc. eBay and Amazon do not engage in the transactions of merchandise. They sell "booths"...that is, virtual space...for individual entities...be they actual individuals or corporations or what have you...to sell merchandise. Therefore, having an exemption for Amazon or eBay...which doesn't sell anything (or, functionally anything) tangible in the first place...is meaningless unless that exemption also applies to the sellers who use Amazon and eBay. As well...while the law may, in fact, unintentionally cover "yard sales", the fact is, yard sales and the like have been consistently carved out of laws covering these sorts of things...reporting of sales, business license requirements, sales tax collection, etc...for decades. It's when you have a yard sale every third Sunday of every month that they start to consider you for taxation purposes. Again, yes, technically the law might cover it...but once it gets to court, they will be exempted, because that's how yard sales and the like have always been treated. |
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Post by Deleted on May 21, 2017 11:15:03 GMT -8
This is sooo California. They try to make ownership of guns difficult by banning certain guns and rifles. Then citizens of California came up with a work around then the state wound up banning bullet buttons which resulted in even more restrictions for gun owners. What's the next step with this stupid Assembly Bill? What's their end game besides eventually collecting more money from their citizens? The end game, as with all totalitarian dictatorships, is complete control of the populace in all aspects of their life..."for their own good." It's hard to be taken seriously when one says things like that...it makes one sound like a conspiracy-theorist (and conspiracy-theorists are idiotic loons) precisely because of the excellent job the Left has done of voodooing the language. "You're a crazy fringe lunatic! We're not trying to control anybody!"...and one day, you wake up, and that's what's happened. These Leftists will do anything, say anything, be anything to have more power. That's what it boils down to. Ling-Ling is also a "well-intended" Leftist, whether she has an "R" by her name or not. Party designation is meaningless, especially in a one party state like California. |
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Post by Ditch Fahrenheit on May 21, 2017 11:16:07 GMT -8
It's not a 'sticking point' with me. I didn't write this law, nor do I like this law.
But you are incorrect if you believe you are exempt from this law."'Dealer' includes a person engaged in a mail order, telephone order, online, or cable television business (emphasis added by OS) for the sale of collectibles."This is very clear. I'm not sure why you don't seem to understand that. And I'm not the first to point out that this new law applies to eBay and other online sellers. I'm not sure if you are aware, but this has been on the news here in the Bay Area for months now. Mom and Pop type booksellers are EXTREMELY upset about this law because it's one more nail in their coffin - they are already struggling to compete against Amazon and others. They are not 'in the business of selling autographed collectibles' either (they sell books), but they know that this new law applies to them. With the advent of this new law, they can no longer hold book signings, and this is going to kill off a lot of their business. The difference, here, is that the stores you cite as not being in the business of selling autographed collectibles are stores. That is, they are businesses. That's why they know this new law applies to them. I am not a business. I am, again, a private collector, adding to and taking away from my private collection as I see fit...eBay or no eBay. I understand the law, and I understand your interpretation of it. But I am not a business, and that is the key word in the law which exempts me. If you engaged in an online business for the sale of collectibles, you are a 'dealer' in the eyes of the law. The law is very clear as to exemptions. Whether or not this was from an expansion or contraction of your 'personal collection' is irrelevant. |
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Post by Deleted on May 21, 2017 11:17:46 GMT -8
Wouldn't the burden be on the person who chooses to sell the book rather than the bookstore owner? If they're offering a book signing, free of charge. wouldn't they be exempt from this? They could sell the book and have the author sign the book afterwards so that be a workaround? Yeah, a book store can sell a book without a signature, and then hold a signing afterwards without breaking the law. If the owner of the signed book then sold the book later, the law would apply to them (not the book store that sold the unsigned book) But the way the book stores currently do it, they usually have the author sign a bunch of extra copies which they then sell later. They can't do this now. Also, as many have pointed out, some book stores sell antique books that might be centuries old. If a book like this is signed, there's no way they can comply with the law. And that's where the bill will be overturned...if it's physically impossible to comply, some judge, somewhere, will overturn the law. |
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Maybe they can market the book by saying "Name written on 1st page"? 
