• <b>Swann Auction Galleries Sep 29: Illustration Art</b>
    <b>Swann Auction Galleries Sep 29:</b><br>Earl Moran, <i>Lady in the Light (Marilyn Monroe at Age 20),</i> oil, 1979.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Man Ray, <i>La Femme Portative,</i> pen and ink, 1937. $15,000 to $20,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Dr. Seuss, <i>Tadd and Todd,</i> ink and watercolor, published in Redbook, 1950. $12,000 to $18,000.
    <b>Swann Auction Galleries Sep 29: Illustration Art</b>
    <b>Swann Auction Galleries Sep 29:</b><br>Charles Addams, <i>Noisy Neighbor,</i> watercolor, ink & wash, for The New Yorker, 1951. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Gilbert Gaul, <i>Battle of New Orleans,</i> oil. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Rockwell Kent, <i>Rockwell / Alaska MCMXVIII,</i> pen and ink, frontispiece for <i>Wilderness,</i> 1970.<br>$7,000 to $10,000.
    <b>Swann Auction Galleries Sep 29: Illustration Art</b>
    <b>Swann Auction Galleries Sep 29:</b><br>Haddon Sundblom, <i>The Arrangement,</i> oil, published in Ladies' Home Journal, 1938. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Maurice Sendak, <i>Kiko’s Ferryboat,</i> pen, ink and watercolor, 1965. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 29:</b><br>Jack Kirby, <i>Captain America: The Rocks are Burning!,</i> ink over graphite, 1976. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 29: Illustration Art</b>
    <b>Swann Auction Galleries Sep 29:</b><br>Arnold Lobel, <i>Frog and Toad Building a Snowman,</i> pencil, 1976.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Garth Williams, <i>Pet and Bunny,</i> pencil, for <i>Little House on the Prairie,</i> 1953. $4,000 to $6,000.
    <b>Swann Auction Galleries Sep 29:</b><br>Ludwig Bemelmans, <i>Does Chef Find the Pheasant Pleasant?,</i> watercolor and ink, circa 1950s.<br>$4,000 to $6,000.
  • <b>Sotheby’s Paris: The Hunting Library of the Counts du Verne. 5 October.</b> The Largest Collection of Hunting and Falconry To Appear on the Market for the Last Thirty Years.
    <b>Sotheby's Paris Oct. 5:</b> Jacques du Fouilloux. <i>La Vénerie</i>. Poitiers, 1561. Est. €100.000 – 150.000
    <b>Sotheby's Paris Oct. 5:</b> Gaston Phébus. <i>Déduits de la chasse des bestes sauvaiges et des oyseaux de proye</i>. Paris, circa 1507. Est. €150.000 – 200.000
    <b>Sotheby's Paris Oct. 5:</b> Pierre et François de Gommer. <i>L’Autoursserie</i>. Chaalons, 1594. Est. €30.000 – 50.000
    <b>Sotheby’s Paris: The Hunting Library of the Counts du Verne. 5 October. The Largest Collection of Hunting and Falconry To Appear on the Market for the Last Thirty Years.
    <b>Sotheby's Paris Oct. 5:</b> Pierre Landry. <i>Quatre scènes de chasse à courre.</i> Paris, circa 1680. Est. €2.000 – 3.000
    <b>Sotheby's Paris Oct. 5:</b> Conte Henri de Vibraye - Baron Karl Reille. <i>La chasse à courre.</i> Paris, 1951. Est. €3.000 – 5.000
    <b>Sotheby's Paris Oct. 5:</b> Duc de Brissac - Paul Jouve. <i>Chasse.</i> Paris, 1956. Est. €30.000 – 50.000
  • <b>Seth Kaller:</b> Leaves from<br>George Washington's Own Draft <br>of His first Inaugural Address. An Extraordinary Rarity!
    <b>Seth Kaller:</b> Declaration of Independence: Benjamin Tyler 1818 - First Print with Facsimile Signatures.
    <b>Seth Kaller:</b> Thomas Jefferson Signed Act of Contress Authorizing Alexander Hamilton to Complete Famous Portland Maine Lighthouse.
    <b>Seth Kaller:</b> Emanuel Leutze. Silk Flag Banner designed by Leutze, created by Tiffany & Co., and presented to Gen. John A. Dix, 1864.
    <b>Seth Kaller:</b> The "greatest of early American maps … a masterpiece" (Corcoran). Thomas Holme.
    <b>Seth Kaller:</b> Lincoln Summons His Cabinet for a Historic Meeting to Discuss Compensated Emancipation.
    <b>Seth Kaller:</b> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <b>Seth Kaller:</b> Normal Rockwell. Painting/Drawing Signed. Rockwell's "Barbeshop Quartet", 1936.
    <b>Seth Kaller:</b> Frederick Douglass. Autograph Letter Signed to unknown correspondent. Washington, D.C.
    <b>Seth Kaller:</b> Harry Truman. Autograph Manuscript Notebook for Kansas City Law School Night Class.
    <b>Seth Kaller:</b> Robert E. Lee. Autograph Letter Signed, June 11, 1782. Hours after the Battle of Culpeper Court House, Lee Escapes Again.
    <b>Seth Kaller:</b> George Washington. Letter Signed, as Commander-in-Chief, Continental Army, to Elias Dayton, Headquarters, [Newburgh, N.Y.], June 11, 1782.
  • <b>19th Century Shop.</b> (DEMOCRATIC CONVENTION, Chicago, 1968). <i>Collection of papers of John M. Bailey, Chairman of the Democratic National Committee, concerning the convention</i>. Various places, 1968.
    <b>19th Century Shop.</b> (ARMSTRONG, NEIL.) VERNE, JULES. <i>A Trip to the Moon.</i> New York: F. M. Lupton, September 9, 1893. Signed by Neil Armstrong, first man to walk on the moon.
    <b>19th Century Shop.</b> KEY, FRANCIS SCOTT. <i>A Celebrated Patriotic Song, the Star Spangled Banner.</i> 1814.
    <b>19th Century Shop.</b> [COLUMBUS, CHRISTOPHER, Amerigo Vespucci ..] Bernardus Albingaunensis .. Dialogo nuperrime edito Genue in 1512.
    <b>19th Century Shop.</b> (WATKINS, TABER &c.). <i>An album of 32 photographs of the Yosemite and American West Various places</i>, c. 1890s
    <b>19th Century Shop.</b> (BATTLE OF CONCORD.) <i>Powder horn used by Minuteman Oliver Buttrick at the Battle of Concord</i>, April 19, 1775.
    <b>19th Century Shop.</b> (CIVIL WAR.) <i>An Extraordinary Confederate Photograph and Autograph Album of Dr. R. L. C. White</i>, 125 original mounted salt prints. 1859-61.

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

  • <b>Bonhams: Fine Books and Manuscripts. Sept. 21, 2016</b>
    <b>Bonhams Sept. 21:</b> WARREN, JOSEPH. Letter Signed ("Jos Warren") as Chairman of the Committee of Safety. Cambridge, MA, June 4, 1775.
    <b>Bonhams Sept. 21:</b> WHITMAN, WALT. Leaves of Grass. Brooklyn, NY: [for the Author], 1855.
    <b>Bonhams Sept. 21:</b> JEFFERSON, THOMAS. Printed Broadside Signed ("Th: Jefferson") as Secretary of State. Philadelphia, February 12, 1793.
    <b>Bonhams Sept. 21:</b> CELLINI, BENVENUTO. 1500-1571. Autograph Letter Signed ("Beto. Cellini"). [Florence, c.1566].
    <b>Bonhams: Fine Books and Manuscripts. Sept. 21, 2016</b>
    <b>Bonhams Sept. 21:</b> NAPOLEON BONAPARTE. Autograph Manuscript. [c.1795].
    <b>Bonhams Sept. 21:</b> DICKENS, CHARLES. Great Expectations. London: Chapman and Hall, 1861.
    <b>Bonhams Sept. 21:</b> REED, JOHN. To the Honourable House of Representatives of the Freemen of Pennsylvania this Map of the City and Liberties of Phiadelphia With the Catalog of Purchasers is Humbly Dedicated.... [Philadelphia]: engraved by James Smit
    <b>Bonhams Sept. 21:</b> ELIOT, THOMAS STEARNS. The Waste Land. New York: Boni and Liveright, 1922.
    <b>Bonhams: Exploration and Travel. Sept. 20, 2016</b>
    <b>Bonhams Sept. 20:</b> PTOLEMAEUS, CLAUDIUS. 2nd Century. Untitled Ptolemaic Map of the World. [Insculptum est per Johane Schnitzer de Armszheim.] [Ulm: Leinhart Holle, July 16, 1482.]
    <b>Bonhams Sept. 20:</b> HONDIUS, JODOCUS THE YOUNGER. 1597-1651; JOHANNES JANSSONIUS, PUBLISHER. 1588-1664; ADRIAAN METIUS, ASTRONOMER; & ABRAHAM GOOS, ENGRAVER. A Pair of Library Globes. Amsterdam: 1623, 1648.
    <b>Bonhams Sept. 20:</b> HAKLUYT, RICHARD. 1553-1616. The Principall Navigations, Voiages, and Discoveries of the English Nations, made by Sea or ouer Land, to the most remote and farthest distant Quarters of the earth at any time within...
    <b>Bonhams Sept. 20:</b> WARRE, HENRY JAMES, SIR. 1819-1898. Sketches in North America and the Oregon Territory. [London]: Dickinson & Co., [1848].
    <b>Bonhams Sept. 20:</b> SPEKE, JOHN HANNING. 1827-1864. Manuscript map, ["Sketch Map of Eastern Africa, Shewing the Various Routes travelled by the Expedition"], 230 x 255 mm, n.p., c.1858.

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