• <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Ernest Hemingway, Autograph Letter Signed "Love / Mr. Papa," to Marlene Dietrich, Cuba, 1952. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4:</b> Alexis de Tocqueville, Autograph Letter Signed, on the publication of <i> Democracy in America </i>, 1837. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Hart Benton, Autograph Manuscript, draft of <i>The Mechanics of Form Organization in Painting</i>, with sketches, 1926. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Elliot Erwitt, photograph of Kennedy & Eisenhower, signed by both,<br>c. 1960. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> John Adams, Partly-printed Document Signed, as President, countersigned by Secretary of State Timothy Pickering, 1798. $4,000 to $6,000. 
    <b>Swann Auction Galleries May 4:</b> Graphite drawing of Albert Einstein, signed by him & the artist, S.N. Swamy, 1950. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Pyotr Ilyich Tchaikovsky, Autograph Musical Quotation Signed, London, 1888. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Jefferson, Partly-printed vellum Document Signed, as President, countersigned by Secretary of State James Madison, 1809. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Agatha Christie, Autograph Manuscript notebook with early drafts for numerous novels, Baghdad, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Claude Monet, Autograph Letter Signed to Desmond Fitzgerald, in French, 1889. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Photograph of Fidel Castro, Signed & Inscribed, in Spanish, 1955. $3,500 to $5,000.
    <b>Swann Auction Galleries May 4:</b> Frederick Stuart Church, archive of 17 illustrated Autograph Letters Signed to Evander Schley, 1905-11. $5,000 to $7,500.
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000

Rare Book Monthly

Articles - April - 2011 Issue

Court Strikes Down Google Settlement and Part of Google Books

Googlebooks04-11

Court rules that fewer titles can be made available in Google Books.

"The benefits of Google's book project are many.  Books will become more accessible. Libraries, schools, researchers, and disadvantaged populations will gain access to far more books. Digitization will facilitate the conversion of books to Braille and audio formats, increasing access for individuals with disabilities.  Authors and publishers will benefit as well, as new audiences will be generated and new sources of income created. Older books -- particularly out-of-print books, many of which are falling apart buried in library stacks -- will be preserved and given new life."

 

            - from the Judge's decision in the Google settlement case, before striking it down

 

Naturally, the Court struck down the deal that would have allowed all of these great things to go forward. This is Wonderland we inhabit, where up is down, good is bad, and old laws are applied in such a literalistic fashion as to have no relation to reality. It's like saying the government can tap your phone whenever it likes because the founders never specifically said you couldn't tap phones when they wrote the Bill of Rights in 1787.

 

The Google settlement arose out of Google's massive digitization project for old books. Google has scanned millions of books, and now makes them available online, some in totality, some through "snippets," some free, others for a fee.

 

There are three types of books:  (1) out of copyright (pre-1923), (2) out of print but (maybe) still under copyright, and (3) in print. Google has a legal right to digitize and make available to the public those in #1 (out of copyright). Google has not attempted to digitize those in #3 (in print). The problem arises with those in the middle, books no longer in print, but possibly still under copyright.

 

Normally, if you want to use and republish someone's copyrighted work, you should first seek their permission. This was essentially the basis of Judge Denny Chin's decision. However, there is a problem here, what is generally referred to as "orphan books." Locating the holders of the copyrights of these books is virtually impossible. Anyone, with a little digging, can figure out who still holds the copyright for Gone With the Wind or The Great Gatsby. However, for every Gatsby there are thousands of books that disappeared from print decades ago, their authors long dead and forgotten, and whoever may own their copyrights essentially impossible to find. Chances are the legal copyright holders are a bunch of grandchildren or great grandchildren who don't know they hold these legal rights. They may not even know that Grandma wrote a book in 1925 that has been out of print and hasn't earned a nickel for anyone in 85 years. These books may be valuable for researchers and others, but fewer and fewer copies can still be found in libraries. Then, along comes Google, digitizes them for nothing, makes it possible to do keyword searches inside the book to find obscure references, and makes them instantly available to everyone around the world through the internet. Too good to be true? Apparently.

 

Organizations representing writers and publishers sued Google to prevent it from making these books available to the public without proper recompense. Fair enough. The copyright holders have legitimate rights. So, they sued. After long negotiations, Google reached a settlement with these organizations, the settlement that was just struck down by the court. It essentially provided that 63% of the proceeds from selling digital copies of these books would go to funds on behalf of the copyright holders, while Google would get the rest for the enormous investment in digitizing the books and making them available. Authors who put in their claims would be paid, funds due those who could not be found would be held for five years, and then given to literary charities. Any authors who objected to this arrangement could opt out and Google would strike their books from their database. This appeared to be a reasonable enough settlement for all parties involved.

 

Not so fast. A whole host of objections were raised, but the two that seemed to most reach the Judge's ear were copyright violation and anti-trust concerns. First come the copyright issues. We can have children living in rat-infested hovels, no food on the table, crime at the door, parents on drugs, and you will not get anywhere near the indignation that you will over the copyright rights of a long-dead person to a book no one has bought in decades. It's touching. The number of corporations, organizations, and individuals standing up to this terrible wrong was overwhelming. Some 500 petitions were filed with the court, the "vast majority" in opposition. It may be too late to protect Grandma, but we can still protect the rights of her 40 great-grandchildren to their 1/40th share in something financially worthless, and prevent the world from having access to this material in the process. Microsoft, Amazon, Yahoo, and a host of others, many competitors, objected. And, even though the settlement required Google to use "commercially reasonable efforts" to locate the rights holders, and let any who wished withdraw their books from the settlement's terms, the court just could not abide the injustice.

 

The court quoted a letter from two literary agents who "expressed this concern eloquently":  "The situation we find ourselves in now is one of dismay and powerlessness, with only the weak ability to "object" or opt out. We beseech you to give authors back their rights." Powerlessness? Dismay? Weak ability to opt out? They send one notice to Google and they are out of this agreement forever. This is powerlessness? Literary agents don't know how to send a letter? We beseech you to get real.


Posted On: 2011-04-01 00:00
User Name: jimhdc

If grandma's book is remotely of interest to researchers it will be digitized. The technology, interest and resources to do this exist without G. B


Posted On: 2011-04-01 00:00
User Name: jimhdc

... Under the agreement G. would have effectively obtained for itself the exclusive power to decide if, when, under what terms, and how accurately th


Posted On: 2011-04-02 00:00
User Name: navyboy

Ahhhhh - but finding those 40 grandchildren might be possible - just ask anyone interested in family history research. This may just open up an inc


Rare Book Monthly

  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Doyle, Apr. 26:</b>  Lewis Morris Rutherfurd, The Moon, From a Negative taken at the Observatory of Mr. L. M. Rutherfurd...May 19, 1874. Est: $5,000-8,000 (Lot 3)
    <b>Doyle, Apr. 26:</b> Alvin Langdon Coburn. London. With 20 photogravures by Coburn and text by Hilaire Belloc, London and New York: 1909. First edition. Est: $4,000-6,000 (Lot 32)
    <b>Doyle, Apr. 26:</b> Lee Friedlander, Newark, New Jersey, 1962 and Albuquerque, New Mexico, 1972.<br>Est: $7,000-9,000 (Lot 50)
    <b>Doyle, Apr. 26:</b> The  papers of Brevet Major General John Gross Barnard (1815-1882), Chief Engineer of the Army of the Potomac. Est: $75,000-100,000 (Lot 160)
    <b>Doyle, Apr. 26:</b> James Joyce, Dubliners, London: Grant Richards, 1914. First edition. Est: $5,000-8,000 (Lot 362)
    <b>Doyle, Apr. 26:</b> George Sand, Group of five volumes inscribed to Henry Harrisse. Est: $4,000-6,000 (Lot 405)
    <b>Doyle, Apr. 26:</b> Thomas More, Sir, Saint [Utopia]: De optimo reip. statu deque nova insula utopia libellus vere aureus… Basel: Froben, March 1518. First Basel edition. Est: $15,000-25,000 (Lot 308)
    <b>Doyle, Apr. 26:</b> Johannes Brahms, Autograph letter in German signed "Joh. Brahms.” Est: $4,000-6,000 (Lot 285)
    <b>Doyle, Apr. 26:</b> Kelmscott Press, [Guilelmus, of Tyre, Archbishop]. The History of Godefrey of Boloyne. Hammersmith: Kelmscott Press, 1893. Est: $2,000-3,000 (Lot 270)
    <b>Doyle, Apr. 26:</b> Gilles Robert de Vaugondy, Gilles Didier, Atlas universel...Paris: the author and Boudet, 1757[-58]. Est: $10,000 - $15,000  (Lot 222)
    <b>Doyle, Apr. 26:</b> John Keats, Lamia, Isabella, the Eve of Saint Agnes and Other Poems. London: Taylor and Hessey, 1820. First edition. Est: $5,000-7,000 (Lot 399)
    <b>Doyle, Apr. 26:</b> Specimen book of Schumacher & Ettlinge, between 1870-1895. Original roan-backed boards.. Est: $2,000-3,000 (Lot 195)
  • <b>Old World Auctions, Apr. 26:</b> Lot 37. Anonymous, <i>[Untitled - Ancient World]</i>, 1553. Est. $20,000 - $23,000
    <b>Old World Auctions, Apr. 26:</b> Lot 45. Cellarius, <i>Haemisphaerium Stellatum Australe</i>, 1708. Est. $2,400 - $3,000
    <b>Old World Auctions, Apr. 26:</b> Lot 51. Kircher, <i>Systema Ideale quo Exprimitur</i>, 1665. Est. $1,600 - $1,900
    <b>Old World Auctions, Apr. 26:</b> Lot 152. David H. Vance, <i>Map of the United States of North America</i>, 1825. Est. $8,000 - $10,000
    <b>Old World Auctions, Apr. 26:</b> Lot 309. Mark Storm, <i>Official Texas Brags Map of North America</i>, 1948. Est. $350 - $425
    <b>Old World Auctions, Apr. 26:</b> Lot 426. B. Crété, <i>Carte Symbolique de l'Europe / Europe en 1914</i>, 1915. Est. $2,000 - $2,300
    <b>Old World Auctions, Apr. 26:</b> Lot 636. Hartmann Schedel, <i>Folio LXIIII - Destruccio Iherosolime</i>, 1493. Est. $1,100 - $1,400
    <b>Old World Auctions, Apr. 26:</b> Lot 649. Heinrich Bunting, <i>Asia Secunda pars Terrae in Forma Pegasi</i>, 1581. Est. $3,000 - $3,750
    <b>Old World Auctions, Apr. 26:</b> Lot 747. Theodore de Bry, <i> [Lot of 22 - Complete Set of De Bry's Virginia Natives]</i>, 1590. Est. $6,000 - $7,000
    <b>Old World Auctions, Apr. 26:</b> Lot 769. Lotter/Lobeck, <i>Atlas Geographicus Portatilis</i>, 1760. Est. $1,900 - $2,200
    <b>Old World Auctions, Apr. 26:</b> Lot 772. Henry Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $1,200 - $1,500
    <b>Old World Auctions, Apr. 26:</b> Lot 777. Marco Coltellini, <i>[3 Volumes] Il Gazzettiere Americano</i>, 1763. Est. $5,500 - $7,000
  • <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Clemens, Samuel L. <i>The Writings Of Mark Twain.</i> New York And London: Harper & Brothers, 1904to1906. $80,000 to 120,000
    <b>Sotheby’s NY Apr. 24:</b> Biggers, Earl Derr. <i>The House Without a Key</i>. New York: Grosset & Dunlap, 1925. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Bukowski, Charles. Extensively revised typescript of his novel <i>Factotum</i>. [Los Angeles, c. 1973 to 75]. $50,000 to 70,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Dickens, Charles. Autograph quotation from <i>A Christmas Carol</i> signed ("Charles Dickens" With Paraph). $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Fitzgerald, Zelda. A group of paper dolls with costumes, circa 1927. $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Hemingway, Ernest. <i>Men Without Women</i>. New York: Charles Scribner's Sons, 1928. $25,000 to 35,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Lawrence, T. E. Autograph letter signed ("TE Shaw") completing the order for George VII — The Brough Superior motorcycle on which he was killed. $5,000 to 7,000
    <b>Sotheby’s NY Apr. 24:</b> Steadman, Ralph. "Somewhere Around Barstow". $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Jones, Robert Tyre ("Bobby"), and O. B. Keeler. <i>Down The Fairway: The Golf Life And Play Of Robert T. Jones, Jr.</i> New York: Minton, Balch, 1927. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Ruth, George Herman ("Babe"). <i>Babe Ruth's Own Book Of Baseball</i>. New York & London: G. P. Putnam's Sons, 1928. $8,000 to 12,000

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