• <b>Mayfair Book Auctions, July 16:</b><br>Lot 1. Albertus Magnus, De Natura Locorum, 2nd edn, 1515. £3000 to £4000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 22. George Cooke, Scenery of the East India Islands, 1811-13. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 23. J.M. Crozet, Nouveau vouage a la Mer du Sud, 1st edn, 1783. £4000 to £6000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 27. J.P.J.Du Bois, Vies des Gouverneurs Generaux, 1st edn, 1763. £1200 to £1800.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 28. Wm Ellis, Authentic Narrative...Captain Cook, 1st edn, 1782. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 31. Thomas Forrest, Voyage to New Guinea, 1st edn, 1779. £1500 to £2000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 32. Forster & Forster, Voyage round the World, 1st edn, 1777-78. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 38. Gianetti, Elogy of Captain James Cook, 1st edn, 1785. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 46. Otto von Kotzebue, Entdeckungs Reise, 1st edn, 1821. £3500 to £4500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 52. Alejandro Malaspina, Viaje politico-scientifico, 1st edn, 1885. £2000 to £3000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 60. Sydney Parkinson, Journal of Voyage to the South Seas, large paper, 1773. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 64. Nathaniel Portlock, A Voyage round the World, 1st edn, 1789. £4000 to £6000.
  • <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Elizabeth I. Early letter signed, to Edward North, First Baron North 1560. £12,000 to £18,000.
    <b>Sotheby’s:</b> Catherine II. Empress of Russia Letter signed to Prince Grigori Aleksandrovich [Potemkin] 1784. £2,000 to £3,000.
    <b>Sotheby’s:</b> Nelson. Autograph letter signed, to Captains of Egyptian Club, 3 August 1798. £12,000 to £18,000,
    <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Charles Darwin. Photograph signed, c.1871 by Oscar Gustave Rejlander. £6,000 to £8,000.
    <b>Sotheby’s:</b> T.E. Lawrence. Autograph letter signed, to Major Littleton, 14 October 1918. £10,000 to £15,000.
    <b>Sotheby’s:</b> Napoleon. Letter signed, ordering General Desaix to sail to Malta, prior to the Egyptian Expedition, 1798. £2,000 to £3,000.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.
  • <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> O'Fihely, Maurice Abp. <i>Questiones subtilissme Scoti in metaphysicam Aristotelis</i>, Venice (Octavianus Scoti) 20th November 1497. 8,000 to 12,000 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Pococke (Richard). <i>A Description of the East and some other Countries,</i> 3 vols. in 2, L. (W. Bowyer) 1743. 2,250 to 3,500 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Keogh (John). <i>Botanalogia Universalis Hibernica, or A General Irish Herbal Calculated for this Kingdom, giving an account of the Herbs, Scrubs…</i>, Corke (George Harrison) 1735. 1,000 to 1,500 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Perry (Charles). <i>A View of the Levant particularly of Constantinople, Syria, Egypt and Greece,</i> L. (T. Woodward) 1743. 800 to 1,200 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Shaw (Thomas). <i>Travels, or Observations Relating to Several Parts of Barbary and the Levant,</i>, Oxford (The Theatre) 1738. 600 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (Nicholas) Bishop of Ferns] Attributed, <i>Recit Exact et Fidele de la Vente et Partage du Roiaume d'Irlande Fait Sous Charles II…,</i> Milan (Chez Charles Joseph Quinto) 1724. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (V. Rev.Dr. Nicholas, Bp of Ferns.)] <i>The Unkinde Desertor of Loyall Men and True Frinds,</i> 12mo, n.p. 1676. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Yeats (W.B.) <i>Plays and Controversies,</i>, N.Y. (The MacMillan Company) 1924, Signed Limited Edn. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Barrie (J.M.) & Thomson (Hugh) illus. <i>Quality Street, a Comedy in Four Acts,</i> L. (Hodder and Stoughton) 1901, Limited Edition, signed by the artist. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Molyneaux (William). <i>The Case of Ireland's being bound by Acts of Parliament in England Stated,</i> [London 1719]. 200 to 300 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Johnston's (W. & A.) Map of South Africa, to illustrate the Military Operations 1900. 100 to 150 €

Rare Book Monthly

Articles - November - 2012 Issue

Who Legally Owns This Signed Photograph?

Mahler-schoenberg

Gustav Mahler (left) and Arnold Schoenberg.

The New York Times recently reported on an ownership dispute in the works on paper field, in this case a signed photograph. It pitted the family of the individual who was originally given the photograph against an unrelated individual who now has it in his possession. This is a difficult subject for those in the books and works on paper field, it coming up all too frequently now. However, this one is not the same as most we hear of today, where a private individual and possessor is pitted against a government agency that once owned the paper. There, rules are frequently more clearly stated, and where they are, it is generally the possessor who holds the short stick. In this case, the dispute is between two private parties.

The picture was that of Gustav Mahler, a notable Viennese musical composer at the turn of the previous century. The recipient was Arnold Schoenberg, a younger man and admirer, and himself a notable composer. Schoenberg was also from Vienna, but later emigrated to America. It is believed the photograph was signed and given to Schoenberg in 1907. Certainly, it was no later than 1911, as that is when Mahler died. Schoenberg lived until 1951. He obviously treasured the picture of his mentor. A photograph of Schoenberg in his Vienna home shows the Mahler photograph in the background.

Schoenberg's daughter said she remembered seeing the photograph in her father's study in the 1950s. This would mean the picture came with him to America. She said she realized it was missing in the late 1980s when she was examining her father's archives. Only the frame was still there. It did not show up on an inventory of those archives taken in the early 1970s either.

Recently, the Schoenbergs became aware that Cliff Fraser of Los Angeles was offering the photograph for sale. They at first expressed an interest in buying it, but Fraser wanted a lot of money, and they became convinced the photograph came into his hands wrongly. That is not to say Mr. Fraser had done anything wrong, just that somewhere in the chain of possession between the 1950s and the present, it had wrongfully been removed from the Schoenbergs' possession.

This would sound very suspicious, a 35-year-old emergency room technician and late in life college student from Los Angeles possessing a photograph that clearly once belonged to the Schoenberg family from Austria. The Schoenbergs claimed that their father, who admired Mahler, never would have given this photograph away, nor would his wife and widow, who would have understood his wishes. However, Fraser came back with a plausible explanation. He produced a notarized statement from his grandmother, now in her 90s, saying her late husband had received the photograph as a gift from his teacher, Josef Schmid, when they lived in Brooklyn, before moving to California in 1958. Apparently, Schmid was a great admirer of Schoenberg, sent him letters, and Fraser says he even knows of a photograph of the two together. Perhaps Schoenberg gave it to Schmid. Additionally, Schmid was said to have studied under Alban Berg, a student of Schoenberg, so the photograph may have been given to Berg and then Schmid.

So, what happens if the two parties are not able to reach a settlement on the issue? Is the photograph Fraser's or the Schoenbergs'? It brings to mind cases where old government documents, most likely intentionally disposed of years ago, either sold, given away, or trashed, are seized from collectors. The government agency may have given the stuff away a century or two ago when it seemed to have no value, but statutes have been passed in many states that say it still is government property. Collectors may prevail if they can find a sales receipt, presuming one ever existed, but even if it did, who would keep it a hundred years? Collectors are forced to return items perhaps legitimately in their family for generations, or purchased from others who held them legitimately, because a statute enacted only recently says, retrospectively, it is still government property.

However, those cases are ruled by specific statutes that give the government priority over the holder. Without such laws, and this is a private person vs. private person, we probably can revert to the old adage: possession is 90% of ownership. It seems to me unlikely that Schoenberg or his wife would ever have given away what must have been a family treasure. Nor can one imagine why Berg or Schmid or both would do the same with a signed photograph of a notable composer if it were given to them. Still, if Fraser can show his grandfather was connected to someone who knew Schoenberg, or that he studied under a pupil of Schoenberg, that is quite a coincidence. It certainly establishes how the photo could have ended up in Fraser's possession without any wrongdoing on his part. Perhaps one of the earlier associates of Schoenberg in the chain “borrowed” the photograph from Schoenberg and forgot to return it? Or maybe Fraser's elderly grandmother has forgotten exactly what happened years ago? It's an interesting case, and one that hopefully you, as a collector, will never have to personally face.


A Letter to the Editor has been received regarding this story. Click here to read.

Rare Book Monthly

  • <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Isaac Newton. <i>Philosophiae naturalis principia mathematica.</i> £280,000 to £350,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Two early editions: Fantaisie pour le Clavecin. £1,000 to £1,500.
    <b>Sotheby’s:</b> Mozart. Early edition, in parts, of the Concerto in A for piano and orchestra. £2,000 to £3,000.
    <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Beethoven. First edition, second issue of the Ninth Symphony op.125. £1,000 to £1,500.
    <b>Sotheby’s:</b> Cervantes. <i>Don Quixote,</i> Barcelona, 1617. £2,000 to £3,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Three first and early editions of music for organ. £1,200 to £1,500.
  • <b>Swann Auction Galleries July 16:</b><br>N.C. Wyeth, <i>The Black Arrow,</i> oil on canvas, for the book by Robert Louis Stevenson, 1916. $150,000 to $250,000.
    <b>Swann Auction Galleries July 16:</b> Laurent de Brunhoff, mixed media color study for <i>Babar’s World Tour,</i> 2005. $10,000 to $15,000.
    <b>Swann Auction Galleries July 16:</b> Hilary Knight, <i>Eloise with Valentine,</i> watercolor, ink & pencil, 2015. $25,000 to $35,000.
    <b>Swann Auction Galleries July 16:</b> Howard Pyle, <i>It was a Comrade from His Own Regiment,</i> oil on canvas, for <i>Harper’s Monthly Magazine,</i> 1909. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Coby Whitmore, <i>‘Poor baby! You want me so much,’ she said,</i> acrylic, for <i>The Saturday Evening Post,</i> 1968. $6,000 to $9,000.
    <b>Swann Auction Galleries July 16:</b><br>Al Hirschfeld, <i>Charley’s Aunt,</i> pen & ink, for the Broadway revival, <i>The New York Times,</i> 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Erté, <i>Décor de Laideronnette,</i> gouache set design for third movement of <i>Mother Goose,</i> 1949. $5,000 to $7,500.
    <b>Swann Auction Galleries July 16:</b> Vince McIndoe, <i>Villainous Last Supper, DC Comics,</i> oil on canvas, 2016. $4,000 to $6,000.
    <b>Swann Auction Galleries July 16:</b> Arthur Getz, <i>Rooftop Party,</i> casein tempera, cover illustration for <i>The New Yorker,</i> 1970. $2,000 to $3,000.

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