• Bonhams Fine Books and Manuscripts, 8 June 2016, New York
    Bonhams June 8: ARISTOTLE.<br>384-322 B.C.E. De animalibus <br>US$ 300,000-500,000.
  • <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Anne & Margot Frank's copy of <i>Grimm's Fairy Tales</i>, in which Anne wrote her own and Margot's name, circa 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries May 5:</b> Albert Einstein, group of 4 letters Signed to Helmut L. Bradt regarding Bradt's emigration to the U.S., one bearing Nazi censor ink stamps, 1939-40. $10,000 to $15,000.
    <b>Swann Auction Galleries May 5:</b> Archive of items from Ludwig Bemelmans to producer Mary K. Frank, concerning <i>The Street <br>Where the Heart Lies</i>, 1959-62. <br>$10,000 to $15,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Archive of correspondence to<br>Edwin A. Van Valkenburg from President Theodore Roosevelt and members of his family, 1913-21. $6,000 to $9,000.
    <b>Swann Auction Galleries May 5:</b> Oscar Wilde, manuscript notes panning a book on book collecting, circa 1886. $5,000 to $7,500.
    <b>Swann Auction Galleries May 5:</b><br>John Hancock, partly-printed document Signed as Governor of Massachusetts, Boston, 1781.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Franz Liszt, Autograph Letter<br>Signed to Carl Gille, Rome, 1869. $4,00 to $6,000.
    <b>Swann Auction Galleries May 5:</b> Joseph Conrad, photograph Signed and dated, 1918. $1,000 to $2,000.
    <b>Swann Auction Galleries May 5:</b><br>Two Guns White Calf, photograph postcard Signed with his pictogram, 1929. $800 to $1,200.
  • <b>ALDE May 24:</b> Lot 1. Silver coin (1455), celebrating expulsion of English people in 1451.<br>Est: € 12,000-20,000.
    <b>ALDE May 24:</b> Lot 7. Heures à l’usage de Coutances. Paris, last quarter of 15th century. Est: € 30,000-40,000.
    <b>ALDE May 24:</b> Lot 9.<br>TERENCE. Lyon, Jean Trechsel, 1493. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 8. Biblia latina. Nuremberg, Anton Koberger, 1478. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 11. [Francesco Colonna]. Hypnerotomachia Poliphili. Venise, Alde Manuce, December 1499. Est: € 150,000-200,000.
    <b>ALDE May 24:</b> Lot 14. Marco<br>Vigerio della Rovere. Decachordum christianum. Fano, Girolamo Socino, 1507. Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 18. CONSTANTIN VII. De notevoli et utilissimi ammæstramenti dell’agricoltura. Venise, Gabriele Giolito de Ferrari, 1542. Est: € 40,000-50,000.
    <b>ALDE May 24:</b> Lot 19. TITE-LIVE. Latinæ historiæ principis. Lyon, Sébastien Gryphe, 1548.<br>Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 38. OTTOMAN CORAN. 17th century by Muhammad Hafiz (Imam Mehmed Effendi).<br>Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 45. Blaise PASCAL. Pensées. Paris, Guillaume Desprez, 1670. Est: € 100,000-120,000.
    <b>ALDE May 24:</b> Lot 52. George EDWARDS. A Natural History of uncommon birds. London, the author, 1743-1751. Est: € 20,000-30,000
    <b>ALDE May 24:</b> Lot 59. Jean de LA FONTAINE. Fables choisies. Paris, Desaint & Saillant, Durand, 1755-1759. Est: € 40,000-50,000.
  • <b>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."

Rare Book Monthly

Articles - July - 2011 Issue

Google Books Hearing Postponed

Googlebookslogo

No settlement.

A hearing on the Google Books settlement has been postponed to July with no indication that the parties have been able to overcome the thorny issue that led a judge to strike down the original settlement. At stake is potential online access to millions of books published after 1923 but no longer in print.

 

This case started out as a suit between Google and groups representing authors and publishers over books potentially still under copyright, but long out of print. Google began posting at least portions of such books online, but without permission from copyright holders.  It was not that Google sought to avoid the copyright holders' rights, or evade their responsibility to pay royalties. It was, rather, a case of it being virtually impossible to locate copyright holders of long out of print books, many of whom are long dead, and the inheritors of these rights unknown and even harder to find. Many, undoubtedly, have no idea they inherited the copyright to an obscure book few purchased when it was new, and maybe no one has purchased in over half a century.

 

When Google began posting this material, groups representing authors and publishers sued. This suit led to a settlement between the parties. Google would be permitted to continue scanning and making these books available online for a fee, but 63% of the income obtained from these sales would be set aside for the copyright holders. However, the copyright holders would first have to notify Google of their rights to collect since Google had no practical means of finding them.

 

This agreement satisfied Google and the author and publisher groups, but others, including the U.S. government and different authors and publishers (as well as Google competitors) objected. They said that regardless of what the parties to the settlement thought was fair, allowing anyone to publish copyrighted material without first getting permission violates copyright law and therefore must be struck down. Essentially, the Judge agreed and struck down the settlement.

 

So, it was back to the drawing board for the parties to the original lawsuit, to find a settlement that not only satisfied themselves, but also the Judge and others who objected. Originally, they were to meet with the Judge on April 25, then June 1, and now July 19. The delays are not surprising. This is a seemingly intractable problem. It's not surprising that the parties are having difficulties. The authors and publishers want a fair share, and 63% evidently sounds fair to them. On the other hand, Google needs to be able to scan these books without the headache and cost of trying to track down all of these hard-to-find copyright holders. It's hard to see how they can absorb the cost of trying to locate millions of lost copyright holders for books that will have limited sales for 37% of the revenue, or even 100% for that matter.

 

Unfortunately, this is not an issue Google and the author and publisher groups can readily resolve among themselves now that the Judge has said no to their settlement. Exactly what these parties can do now to keep each other happy, let alone keep those who objected to the original settlement and the Judge satisfied too, is hard to fathom. Someone is going to have to come up with a creative solution or else access to millions of out-of-print, virtually forgotten books will once again be lost. The parties to both the settlement and the later suit will all survive if no settlement is reached. The authors and publishers weren't making any money off of these old books anyway, the objectors for the most part are happy to kill any deal, and this is hardly the biggest kettle of fish on Google's table. The only real losers will be the public. Sorry, loser.


Editor's Note:  For a different perspective and experience from an author see the letter dated in July 1, 2011, in the Letters to the Editor. Click here to view.


Rare Book Monthly

  • Old World Auctions (May 4): Lot 18. Blaeu, <i>Nova et Accuratissima Totius Terrarum Orbis Tabula</i>, 1660.<br>Est. $14000-$17000
    Old World Auctions (May 4): Lot 20. Pitt, <i>Nova Totius Terrarum Orbis Geographica ac Hydrographica Tabula</i>, 1680. Est. $9500-$11000
    Old World Auctions (May 4): Lot 65. Ortelius, <i>Americae sive Novi Orbis, Nova Descriptio</i>, 1571. <br>Est. $6000-$7000
    Old World Auctions (May 4): Lot 84. Bailleul, <i>L'Amerique Divisee en Ses Principales Parties</i>, 1752.<br>Est. $19000-$22000
    Old World Auctions (May 4): Lot 99. Sayer & Bennett, <i>The American Military Pocket Atlas</i>, 1776. <br>Est. $10000-$12000
    Old World Auctions (May 4): Lot 269. Reid, <i>Plan of the City of Washington in the Territory of Columbia</i>, 1796. <br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 291. Carleton, <i>Map of Massachusetts Proper</i>, 1801. Est. $12000-$14000
    Old World Auctions (May 4): Lot 378. Keulen, <i>Pas Kaart vande Noord Oost Kust van Cuba en d'Oost Kust van Florida</i>, 1695. Est. $3250-$4000
    Old World Auctions (May 4): Lot 651. Ptolemy/Fries, <i>Tabula Superioris Indiae & Tartariae Maioris</i>, 1541.<br>Est. $3000-$4000
    Old World Auctions (May 4): Lot 688. Wit, <i>Nova Africa Descriptio</i>, 1660.<br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 706. Ortelius, <i>Maris Pacifici</i>, 1589.<br>Est. $8000-$9000
    Old World Auctions (May 4): Lot 727. Audubon, <i>Least Stormy-Petrel</i>, 1836. Est. $1400-$1700
    Old World Auctions (May 4): Lot 741. Bordone, <i>Isolario</i>, 1547.<br>Est. $16000-$19000
    Old World Auctions (May 4): Lot 747. Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $2000-$2750
    Old World Auctions (May 4): Lot 752. Colton, <i>Colton's Atlas of the World Volume I and II</i>, 1856.<br>Est. $2500-$3250
    Old World Auctions (May 4): Lot 760. Prevost, <i>Histoire Generale des Voyages ... Tome Quatorzieme</i>, 1757. <br>Est. $2400-$3000
  • <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> Mary Stuart. Ms. Parliament document (contemp. copy). 1567. <br>Est: € 2.000
    <b>Ketterer Rare Books, May Auction:</b> Latin and French Book of Hours. About 1480. Est: € 65.000.
    <b>Ketterer Rare Books, May Auction:</b> Book of Hours by Germain Hardouyn. 1533. Est: € 18.000
    <b>Ketterer Rare Books, May Auction:</b> G. P. Gallucci, Theatrum mundi. 1588. Est: € 5.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> J. Hill, The vegetable system. 1761-75. Est: € 60.000
    <b>Ketterer Rare Books, May Auction:</b> <br>J. Honter, Rudimentorum cosmographicorum libri III. 1549.<br>Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> Two terrestrial and celestial globes by J. G. Doppelmayr. 1789 or later. Est: € 40.000
    <b>Ketterer Rare Books, May Auction:</b> <br>G. de Maupassant, Contes choisies. 1891-92. Est: € 6.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> <br>K. Schwitters, HahnePeter. 1924.<br>Est: € 6.000
    <b>Ketterer Rare Books, May Auction:</b> <br>I. G. Chernikhov, Iakov Georgievich, Arkhitekturnye fantazii. 1933.<br>Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>E. Baj, La cravate. 1972. Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>H. Bellmer & G. Bataille, Histoire de l'oeil. 1944. Est: € 3.000
  • Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.
    Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.

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