• <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> EINSTEIN, ALBERT. <i>Die Grundlage der allgemeinen Relativitätstheorie.</i> Leipzig: Johann Ambrosius Barth, 1916.<br>$80,000 – 120,000
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. Autograph Manuscript in English, Signed Integrally ("Isaac Newton"). $50,000 – 70,000
    <b>Bonhams Dec. 7:</b> DARWIN, CHARLES. <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: John Murray, 1859. $25,000 – 35,000
    <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. <i>The Mathematical Principles of Natural Philosophy.</i> London: Benjamin Motte, 1729.<br>$20,000 – 30,000
    <b>Bonhams Dec. 7:</b> HEISENBERG, WERNER. Autograph Manuscript entitled "<i>Entwicklung der Theorie der Elementarteilche,</i>” [1964].<br>$15,000 – 25,000
    <b>Bonhams Dec. 7:</b> BERNOULLI, DANIEL. <i>Hydrodynamica, sive De viribus et motibus fluidorum commentarii.</i> Strasbourg: Johann Heinrich Decker for Johann Reinhold Dulsecker, 1738. $5,000 – 7,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> [TARKOVSKY, ANDREI ARSENIEVICH.] STRUGATSKY, BORIS AND ARKADY. Typed Manuscript for <i>Stalker</i>, being the director's working script, 1977. $150,000 – 200,000
    <b>Bonhams Dec. 7:</b> HEMINGWAY, ERNEST. Typed Manuscript of "Marlin Off the Morro: A Cuban Letter," n.p., [1933]. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> SALINGER, JEROME DAVID. 4 Autograph Letters, 2 of which Signed ("Jerry") and 6 Typed Letters, 2 of which Initialed ("J"). $30,000 – 50,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> PASTERNAK, BORIS LEONIDOVICH. Typed Manuscript Carbon, "Doktor Zhivago," with some typed corrections, Moscow, 1948. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> MILNE, ALAN ALEXANDER. Autograph Manuscript Signed 3 times ("A.A. Milne"), entitled "Peace with Honour: An Enquiry into the War Convention," 1934.<br>$30,000 – 50,000
    <b>Bonhams Dec. 7:</b> FROST, ROBERT. Autograph Manuscript Signed ("Robert Frost"), titled "Gold for Christmas," 1952. $15,000 – 20,000
  • <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 202. Geronimo - Apache. £600-800
    <b>Bloomsbury Dec. 15: </b> Lot 225.<br>A Chief of the Desert - Navaho. £1000-1500
    <b>Bloomsbury Dec. 15: </b> Lot 267.<br>An Oasis in the Bad Lands. £600-800
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 303.<br>The Scout in Winter - Apsaroke. £800-1200
    <b>Bloomsbury Dec. 15: </b> Lot 320.<br>Sitting Bear - Arikara. £500-700
    <b>Bloomsbury Dec. 15: </b> Lot 475. <br>A Nakoaktok Chief's Daughter. <br>£600-800
  • <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

Rare Book Monthly

Articles - October - 2011 Issue

Judge Postpones Google Books Trial to July 2012 – But Settlement Could Come Sooner

Googlebookslogo

The oft delayed Google Books trial has been put off again – this time until July of 2012. However, parties to the suit are hopeful a settlement can be reached sooner. Then again, a settlement was reached once before, only to be thrown out by a judge after the government, certain authors, and Google competitors, objected to the proposed agreement. In a separate development, one of the parties to the earlier agreement, the Authors' Guild, sued the HathiTrust in a related case. This is all quite confusing, so we will attempt to provide a scorecard. As to why this all matters, suffice it to say that it does. At stake is access to the content of millions of old books, and the knowledge and information within them. There is much the educated and thinking world stands to lose if private interests, often petty and more theoretical than actual, are able to scuttle this massive knowledge expanding project.

This case goes back seven years now. In 2004, Google announced that it would begin scanning millions of old books, making their content available digitally through the internet. Numerous university and other major public libraries agreed to provide access to their books in return for being able to provide their patrons with digital access to copies. The project promised to make the text of millions of old books, no longer available either for purchase or in most libraries, available to the public once again, only this time from anyplace on earth with a connection to the internet. It promised to give new life to reams of learning seemingly lost to time. How could anyone be anything but pleased with this once unimaginable development?

It turned out lots of people were displeased. Authors and publishers feared they would lose out on royalty income. Google's competitors feared advantages this might bring them. The government believed Google was skirting the letter of the copyright law. Ultimately, groups representing authors and publishers went to court to try to force Google to stop.

The issue centered around out of print books published after 1922. Earlier books are out of copyright and anyone can do what they want with them. Those published after 1922 may still be subject to copyright, depending on a number of factors. The letter of the law says that the copyright holder (be it author or publisher) must grant permission for the book to be copied. Unfortunately, seeking permission is not so easy. How does one contact the copyright holder of an obscure book published 80 years ago? You might try contacting the publisher first, but something like half of those publishers no longer exist, and those that do probably long ago lost contact with all but the best known authors. Indeed, most of those authors would have died years ago, and their children, who would have inherited those rights, are probably dead now too. The copyright may now be shared by a dozen scattered grandchildren or great-grandchildren, none of whom ever made a nickel off of the copyright, nor are they even aware that they are owners of a copyrighted work that last earned a royalty long before they were born.

Nonetheless, the author and publisher groups sued, whereupon Google sat down with them and hammered out a settlement. Google agreed to only make small “snippets” of the text of books that might still be under copyright available free. To see more, you would have to buy the book. Then, 63% of the proceeds of the sales would be set aside for the copyright holders. However, the copyright holders would have to make themselves known to Google, since that firm had no idea who they were or where to find them. Any copyright holder who did not like this arrangement could simply tell Google “no thanks” and their books would be removed from the database.

Once authors and publishers were satisfied with the arrangement, that should have brought an end to the controversy, no? No dice. Other authors and publishers refused to accept the Authors Guild and AAP (Association of American Publishers) as their representatives. Even though they could freely opt out of the settlement, they chose to stand up for the sanctity of the principle of permission-first for copyrights,even though neither they nor the long lost holders of essentially worthless copyrights were being harmed. The government also objected, being sticklers for the letter of the law, again even though much good and little harm could come from the settlement. Google's competitors also objected, for obvious if not relevant reasons. And the objectors won. They went to court to stop the settlement of the original lawsuit, and effectively defeated it. Judge Denny Chin ruled the settlement was a “bridge too far.” However, rather than simply strike it down, he told the original settlers to go back and try to reach a settlement that better fit the precise wording of the copyright law.

After several delays, the parties met with the Judge again in mid-September, but still had been unable to reach a revised settlement they believed would pass muster. So, the Judge scheduled a new trial on the original lawsuit for July 2012. Ironically, this is a trial on the suit of the Authors Guild and AAP vs. Google, the parties who had reached a settlement of their differences, only to have their agreement thrown out after objections by others. However, the original parties hope that their suit will never come to trial. They are hoping a revised settlement can be reached long before July 2012 rolls around.

Apparently, the AAP and Google are very close to reaching a new settlement. AAP President Tom Allen released a statement saying, “the Association of American Publishers, the five publisher plaintiffs and Google have made good progress toward a settlement that would resolve the pending litigation regarding the Google Library Project.” However, there appears to be some breaking of ranks between the AAP and the Authors Guild. The gap between the Authors Guild and Google remains wider, though both sides hope it too can be bridged without going to trial.

Of course, a revised settlement will still have to obtain the approval of Judge Chin, who seems unwilling to approve one that does not require Google to obtain copyright holder permission first. How Google is to do this with so-called “orphan books,” those whose copyright holders are virtually impossible to locate, remains something of a mystery. The reason for having such a settlement in the first place is to get around the permission-first requirement of copyright law when it comes to “orphan books.”

Meanwhile, a second attempt to make “orphan books” available digitally in a more limited scope has run into the same problem. A consortium of university libraries, known as the “HathiTrust,” plans to make a small number of such books available digitally in their own libraries this month (see article elsewhere in this month's issue of AE Monthly). These are libraries who provided books for scanning to Google and as a result obtained copies of those scans. They only plan to make digital copies of “orphan books” from their own collections available to patrons in their own libraries, and this 90 days after posting a call for copyright holders who object to come forward. Not good enough. Once again, the Authors Guild, and a few similar overseas groups, have filed suit, just as they did against Google years ago. No settlement, no deal, and who knows whether a settlement with the HathiTrust would hold up any better than the one with Google. There are “fair use” exceptions which may give the HathiTrust a better chance than Google. Among the differences that allow for exceptions are non-profit and single copy uses, but the Authors Guild does not believe they are sufficient to permit unapproved copying. In their complaint, the Authors Guild described the HathiTrust action as “one of the largest copyright infringements in history.” Once again, the process goes to court.

The logical place to fix this problem is the halls of Congress. Ancient copyright wording from the pre-digital era is not well-suited for today's world. And, Congress exacerbated the problem in the 1990s when it extended the already substantial length of older copyrights, from a maximum of 56 to 95 years. Not that dead authors were complaining about their copyrights expiring, but the Disney Company was about to lose their exclusive right to Mickey Mouse if its copyright was not extended. Hence, Congress passed this piece of Mickey Mouse legislation. As Judge Chin broadly hinted, it's Congress' job to deal with this issue, but Congress doesn't like to fix its messes unless someone with the deep pockets of a Disney wants it fixed. So we all, as small pockets seekers of knowledge, twist in the wind, as this battle over rights that are worth virtually nothing drags on and on. If you are wondering why there are still people in Libya clinging to the regime of Moammar Ghadafy, even with the prospects of democracy within reach, it may be because they have looked at America's democratically elected legislature and said, “Why bother?”

Rare Book Monthly

  • <b>Swann Auction Galleries Dec 1:</b> Friedrich Nietzsche, <i>Also Sprach Zarathustra</i>, Leipzig, 1908. Sold for $15,000.
    <b>Swann Auction Galleries Dec 1:</b> Gustav Klimt, <i>Das Werk</i>, Vienna & Leipzig, 1918. Sold for $60,000.
    <b>Swann Auction Galleries Nov 17:</b> Arthur Middleton, manuscript notes from Congress, Philadelphia, 1782. Sold for $55,000.
    <b>Swann Auction Galleries Nov 17:</b> Joseph Smith, <i>The Book of Mormon</i>, first edition, Palmyra, 1830. Sold for $67,500.
    <b>Swann Auction Galleries Nov 10:</b><br>L. Frank Baum, <i>The Wonderful Wizard of Oz</i>, first edition & issue, Chicago & New York, 1900. Sold for $23,750.
    <b>Swann Auction Galleries Nov 10:</b> Mark Twain, <i>The Adventures of Tom Sawyer</i>, first American edition, Hartford, 1876. Sold for $13,750.
    <b>Swann Auction Galleries Nov 1:</b> George Washington, Partly-printed Document Signed as Commander-in-Chief, 1783. Sold for $13,750.
    <b>Swann Auction Galleries Nov 1:</b> Album with more than 130 Civil War-era signatures, including 18 presidents, 1864-2010. Sold for $60,000.
    <b>Swann Auction Galleries Oct 18:</b><br>Sir Isaac Newton, <i>Opticks</i>, first edition & issue, London, 1704. Sold for $87,500.
    <b>Swann Auction Galleries Oct 18:</b> Euclid, <i>Elementa geometriae</i>, first edition, Venice, 1482. Sold for $62,500.
    <b>Swann Auction Galleries Oct 18:</b> William Shakespeare, <i>The Winters Tale</i>, first edition, London, 1623. Sold for $25,000.
    <b>Swann Auction Galleries Oct 25:</b> Edward Ruscha, set of 14 first editions, 1963-78. Sold for $45,000.
  • <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [ARTILLERY]. KITCHEN, D.C. <i>Record of the Wyoming Artillerists.</I> Tunkhannock, Pennsylvania: Alvin Day Printer, 1874. $2,000-4,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> UNITED STATES AND MEXICAN BOUNDARY COMMISSION. EMORY, William Hemsley. <i>Report of the United States and Mexican Boundary Survey, Made under the Direction of the Secretary of the Interior…</i><br>$3,000-6,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> RICHARDSON, William H. <i>Journal of William H. Richardson, a Private Soldier in the Campaign of New and Old Mexico…</i>. Baltimore: John H. Woods, 1848. $3,000-6,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> GARCÍA CONDE, Pedro. <i>Carta geografica general de la Republica Mexicana…</i> $30,000-60,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> EMORY, William Hemsley. <i>Map of Texas and the Countries Adjacent: Compiled in the Bureau of the Corps of Topographical Engineers; From the Best Authorities…</i> [Washington, 1844]. $7,500-15,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> THORPE, Thomas Bangs. <i>Our Army at Monterey. Being a Correct Account of the Proceedings and Events which Occurred to the “Army of Occupation”…</i> Philadelphia, 1847. $400-800
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> <i>The Rough and Ready Songster: Embellished with Twenty-Five Splendid Engravings, Illustrative of the American Victories in Mexico…</i> New York; St. Louis, Mo [ca. 1848].<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> CURRIER, Nathaniel (publisher). <i>The Brilliant Charge of Capt. May At the Battle of Resaca de la Palma (Palm Ravine) 9th of May…</i> $150-300 
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [RINGGOLD, SAMUEL]. WYNNE, James. <i>Memoir of Major Samuel Ringgold, United States Army: Read Before the Maryland Historical Society, April 1st, 1847.</i> Baltimore, 1847. $500-1,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [TAYLOR, ZACHARY]. <i>Life of General Taylor from the Best Authorities.</i> New York: Nafis and Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> TILDEN, Bryant Parrott, Jr. <i>Notes on the Upper Rio Grande, Explored in the Months of October and November, 1846, on Board the U.S. Steamer Major Brown…</i> Philadelphia, 1847.<br>$5,000-10,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [WORTH, WILLIAM J.]. <i>Life of General Worth; To Which is Added a Sketch of the Life of Brigadier-General Wool.</i> New York: Nafis & Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$200-400
  • <b>19th Century Shop.</b> CURTIS, EDWARD. <i>Original glass plate photograph, Honovi – Walpi Snake Priest, prepared by Curtis for the printing of The North American Indian</i>, c.1910
    <b>19th Century Shop.</b> (AMERICAN WEST.), Watkins, Taber, Savage, and others. <i>Magnificent Album of Mammoth Photographs of the American West, with other subjects various</i>, ca. 1865-1880s
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Darwin Family Photograph Album</i>. Down, Kent, 1871-1879
    <b>19th Century Shop.</b> (SECRET SERVICE). <i>The photographic archive, papers, and relics of William Kennoch, Secret Service Agent</i>. Various places, 1870s and 1880s
    <b>19th Century Shop.</b> (AMERICAN REVOLUTION). <i>Daguerreotype Portrait of Baltus Stone, the earliest photo of a Revolution veteran,</i> 1846
  • <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Excessively Rare Benjamin Franklin Imprint. Estaugh (John). <i>A Call to the Unfaithful Professors of Truth</i>, Philadelphia: Printed by B. Franklin, 1744. €7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Original Signed Volume from the Dean Swift's Library. [Swift (Dr. Jonathan)] Grotius (Hugo). <i>De Jure Belli ac Pacis Libri Tres</i>, Amsterdam: (J. Blaeu) 1670. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Cresswell (Samuel Gurney). <i>A Series of Eight Sketches in Colour; together with a Coloured Map of the Route</i>, London: (Day & Son) July 25, 1854.<br>€15,000 – 20,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Of Legendary Rarity - First Printing of Shakespeare Outside England. Shakespeare (Wm.). <i>The Works of Shakespeare</i> In Eight Volumes. Dublin: 1726.<br>€7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Lewin (W.). <i>The Birds of Great Britain</i>, 8 vols in 4, with 335 hand-coloured plates, 1795 – 1801. €1,500 – 2,000
    <b>Fonsie Mealy Dec. 13:</b> 18th Century Manuscript Relating to Massachusetts Bay, c. 1750.<br>€350 – 500
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Alexander (Wm.). <i>Picturesque Representations of The Dress and Manners of the Chinese</i>, with 50 hand-coloured plates, 1814. €600 – 800
    <b>Fonsie Mealy Dec. 13:</b> Manuscript Estate Atlas - Neville (Arthur Richard). <i>The Estate of Sir John Coghill Bart</i>, 1791. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Unique Collection of Ballads by Brendan Behan Behan. €3,000 – 4,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Original Manuscript of Edith Somerville's Unpublished Children's Book. Somerville (Edith). <i>GROWLY-WOWLY. Or, The Story of the Three Little Pigs</i>. €3,500 – 5,000
    <b>Fonsie Mealy Dec. 13:</b> Full Set of Cuala Press Broadsides with fine hand-coloured illustrations by Jack B. Yeats, 1908 – 1915. €4,000 – 6,000
    <b>Fonsie Mealy Dec. 13:</b> Eyzinger (Michael). <i>Ad Leonis Belgici Topographicam atque Historicam Descriptionem</i>, [Cologne:] 1586. €3,000 – 4,000

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