In our last post, we looked at a new problem for Californian booksellers who hope to attract buyers with autographed editions. Though I didn’t say it then, the law appears to apply outside the state as well as inside, because it defines Californian dealers as being in or from the state. It’s like original sin. The stain of being born in California can never be removed in this life.
I don’t know whether the law applies to digital book editions, but if you’ve been thinking eBooks wouldn’t have this problem because they can’t be signed, allow me to open the door of enlightenment for you. Authors can sign eBooks.
Two sites allow authors to list their eBooks and offer them for signing. Autography.com allows customized signing pages in their cross-platform app. You can sign an eBook remotely or at a book signing. Autographed pages can even be shared on social media. Authorgraph.com offers a similar service with less customization. In fact, it doesn’t appear to be actually signing eBook, but a page associated with the it. Readers can request signatures from authors who are using the service and can buy books through the site.
Has anyone developed a digital autograph book for fans to collect signatures on iPads? I’d think there would be a market for it, except in California.
A new law in California, if enforced, would make book signings at local bookstores extremely tedious on both readers and booksellers. A bookseller with three stores in the San Francisco area has filed a suit against the state this month to argue the law, which was promoted last year by actor Mark Hamill, will crush his stores. He’s capitalized on signed books and book signings over the last several years as a unique feature of his business. He hosts roughly 700 of these events each year.
In January, a state law went into effect that would require a record of many details related to a signature on any item sold for over $5. It’s not enough to stand before the author and watch him sign your book, nor can you go to the store the next day to buy a leftover signed copy. If the law were enforced (and so far I don’t know that it has been), a bookseller who sells an autographed book for a Lincoln plus will have to provide a certificate of authenticity with a description of the item signed, date, price, warranty, size of item, size for future editions, number of items signed, number of items intended to be signed in the future, state-issued serial number, and other details. Pawnbrokers are exempt as well as those who sign and sell their own stuff (because no fear of fraud there, obviously). These records will have to be kept for seven years.
One comic book dealer, who says they have authors sign every copy they have for later sale (and no markup for autographed copies), tells California Political Review, “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.”
The penalty for running afoul this law is 10x the value of the item sold plus legal fees.
The law doesn’t target booksellers. It apparently was intended to kill off expensive sales of fake signatures on sports and movie memorabilia. But the law says all autographed items sold for over $5, and once again lawmakers demonstrate that they slept through the course on unintended consequences.