• <b>Swann Auction Galleries, Feb 15:</b> Icons & Images: Photographs & Photobooks
    <b>Swann Auction Galleries, Mar 1:</b> Vintage Posters Featuring Highlights from the Gail Chisholm Collection
    <b>Swann Auction Galleries, Mar 8:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries, Mar 13:</b> 19th & 20th Century Prints & Drawings
    <b>Swann Auction Galleries, Mar 22:</b> Autographs
    <b>Swann Auction Galleries, Mar 29:</b> Printed & Manuscript African Americana
    <b>Swann Auction Galleries, Apr 12:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries, Apr 26:</b> Fine Illustrated Books & Graphics
    <b>Swann Auction Galleries May 3:</b> Graphic Design
    <b>Swann Auction Galleries May 15:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries, Jun 7:</b><br>Maps & Atlases, Natural History & Color Plate Books
    <b>Swann Auction Galleries, Jun 21:</b> Revolutionary & Presidential Americana from the Collection of William Wheeler III
  • <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Hayden, Ferdinand V. <i>The Yellowstone National Park, and the Mountain Ranges of Portions of Idaho, Nevada, Colorado and Utah</i>. Boston, 1876. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Colton, G. Woolworth. <i>Colton’s New Map of the State of Texas, The Indian Territory and Adjoining Portions of New Mexico, Louisiana, and Arkansas</i>. New York, 1882. $4,000 to $6,000
    <b>Sotheby’s NY, Jan. 17:</b> [Jefferson, Thomas]. <i>The Committee appointed to prepare a Plan for the temporary Government of the Western Territory, have agreed to the following Resolutions.</i> … [Annapolis, 1 March 1784]. $250,000 to $350,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Mitchell, Samuel Augustus. <i>A New Map of Texas Oregon and California with the Regions Adjoining. Compiled from the Most Recent Authorities</i>. Philadelphia, 1846. $12,000 to $18,000
    <b>Sotheby’s NY, Jan. 17:</b> Bodmer, Karl [illustrator] — Prince Maximilian Zu Wied-Neuwied. <i>Reise In Das Innere Nord-America In Den Jahren 1832 Bis 1834</i>. 1839-1841. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s NY, Jan. 17:</b> Catlin, George. Catlin's North American Indian Portfolio. Hunting Scenes and Amusements of the Rocky Mountains and Prairies of America. London, 1844. $70,000 to $100,000
    <b>Sotheby’s NY, Jan. 17:</b> Franklin, Benjamin ["Richard Saunders"]. <i>Poor Richard Improved: Being an Almanack and Ephemeris ... For ... 1756</i>. Philadelphia: B. Franklin And D. Hall, 1755. $10,000 to $15,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Paine, Thomas. <i>Common Sense; Addressed to the Inhabitants Of America... A New Edition, with Several Additions in the Body of the Work</i> ... Philadelphia, [1776]. $60,000 to $80,000
    <b>Sotheby’s NY, Jan. 17:</b> The Declaration of Independence. In Congress, July 4, 1776 … Salem, Massachusetts-Bay: Printed By E. Russell, By Order Of Authority, [Ca. 18–20 July 1776]. $1,000,000 to $1,500,000
    <b>Sotheby’s NY, Jan. 17:</b> Hamilton, Alexander, James Madison, and John Jay. The Federalist. A Collection of Essays, Written in Favour of the New Constitution … New York, 1788. $200,000 to $300,000
  • <b>Bonhams, Feb. 11:</b> A Rare 3-rotor German Enigma I Enciphering Machine. $70,000 to $90,000
    <b>Bonhams, Feb. 11:</b> Important collection of correspondence between Werner Heisenberg and Bruno Rossi. $40,000 to $60,000
    <b>Bonhams, Feb. 11:</b> Walt Whitman Autograph manuscript containing his thoughts on death. $20,000 to $30,000
    <b>Bonhams, Feb. 11:</b> David Roberts. <i>Holy Land</i>. Six volumes. 1842-1849. First edition. $15,000 to $25,000
    <b>Bonhams, Feb. 11:</b> Extensive collection of Ray Bradbury's primary works, most signed or inscribed. $15,000 to $20,000
    <b>Bonhams, Feb. 11:</b> Peter Force. Declaration of Independence. $12,000 to $18,000
    <b>Bonhams, Feb. 11:</b> Steinbeck. <i>Grapes of Wrath</i>. A fine copy of the first edition. $10,000 to $15,000
    <b>Bonhams, Feb. 11:</b> Lewis & Clark. <i>Travels to the Source of the Missouri River</i>... First English edition, extra-illustrated. 1814. $10,000 to 15,000
    <b>Bonhams, Feb. 11:</b> Manuscript document signed by Nuno de Guzman relating to Hernan Cortes, 1528. $8,000 to $12,000
    <b>Bonhams, Feb. 11:</b> “Nos los inquisidores..." The first book in English printed West of the Mississippi. [1787]. $5,000 to $8,000.
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>

Rare Book Monthly

Articles - November - 2012 Issue

Another Settlement in the Google Books Case... Probably No More Meaningful than the Others

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A new settlement has been reached in the 7-year-old Google Books (now known as Google Library Project) controversy, albeit a vague and probably minor one. This battle and its related lawsuits could go on for a generation and still not be resolved.

First - a quick recap. Google began a process of scanning millions of old books back in 2004. The idea was to create an enormous digital library, eventually including most books ever published. Anyone, in effect, would be able to access most of the older books held in virtually every library on earth from his/her own home. A research tool such as this would have been unimaginable a decade or two earlier.

However, books often come with copyrights. Only books published before 1923 are clearly out of copyright. Later ones may or may not be, more recent ones definitely are not. Google did not scan more recent books, but did scan many in that in-between, post-1923 area. Authors and publishers cried foul. It is a violation of copyright law to republish online others' books without their permission. They sued. After much wrangling, Google reached a settlement with author and publisher groups, one that allowed them to continue copying, and making a small “snippet” of text available for works still under copyright without the author or publisher's approval. The settlement provided that if the consumer wanted to see more than a “snippet,” they would have to pay. The copyright holders would receive 63% of the proceeds, Google the rest.

There was one problem with this settlement. It settled the dispute between Google and the largest author and publisher groups, but what Google was doing, copying books without copyright holders' permission in advance, was still considered to be a violation of copyright law. Authors not aligned with the Authors Guild, and various others, including the U.S. Department of Justice, sued to block the settlement.

Now, you may wonder why Google didn't just change its procedure to get the copyright holders' permission in advance. Well, just try to do that for the author of an obscure book published 80 years ago. That person undoubtedly died long ago. Who and where are the heirs whose permission must be sought? That is impossible to determine. Seeking permission in advance effectively means that many old books can never be made available online, even if the author or heirs couldn't care less. They were never to see another dime from these old books anyway. There are no winners from being a stickler here, just losers – the public.

To make a distressingly long story slightly shorter, the federal court struck down Google's settlement with the authors and publishers, whereupon the latter two immediately sued Google all over again. What a mess. Now we find that Google has again settled with the Association of American Publishers. How are they avoiding the problem with the last settlement? They haven't told us all of what's in this settlement. However, what we do know is that it applies to only five specific members of the AAP, who have granted Google permission in advance. That takes care of the permission problem. Another of the objections to the previous 63% agreement was the fear that it might lock Google's competitors out of the deal, since it granted only Google the right to offer “orphan books” (those whose copyright holders cannot be found). This settlement does not speak for the “orphans,” or anyone other than the named publishers. Indeed, it says, “Apart from the settlement, US publishers can continue to make individual agreements with Google for use of their other digitally-scanned works.” Of course, this assumes the publisher holds the copyright, not the author, as no authors or author groups are part of this settlement.

One nice thing about this agreement is that it allows Google to publish 20% of the text, rather than just a “snippet.” It can be hard to decipher whether a book has sufficient relevant information for your needs to make a purchase from one sentence. As to what the financial arrangements are, that is an unknown. The AAP statement concludes with, “Further terms of the agreement are confidential.”

There are a few alternate attempts to make digitized old books available to the public besides Google Library. The Internet Archive and HathiTrust are notable examples, though each specializes in clearly out of copyright books and have far fewer titles scanned. The Digital Public Library of America, formed at Harvard in 2010, seeks to be a larger force, but it has not yet begun to make books available. They hope to combine others' resources with their own to form a large database. They intend to start with the easy ones – out of copyright books. The next group would include the so-called “orphan books.” Still, they don't have a clear path to get around the legal hurdles, other than thinking maybe Congress will adjust the copyright law on behalf of a nonprofit organization. Perhaps, but I am dubious of the belief that Congress will respond more favorably to a nonprofit. Congress seems more prone to respond to bribes... let me rephrase that... Congress is more prone to respond to campaign contributions, and for-profit companies seem more likely to be able to grease those wheels.


Editor's Note:  Andi Sporkin of the AAP has provided the following corrections to this article:

As the person who handled the media relations on the Google Books settlement, I wanted to advise you that several facts Mr. Stillman makes in his piece on the subject are incorrect. Among them: the settlement covers all 300+ AAP publisher members as well as publishers who belong to a number of designated US trade associations. Also, it is a private settlement between parties rather than a settlement of the lawsuit, so its terms would not be released publicly.

Rare Book Monthly

  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 39: Presidential Pardon Signed by John F. Kennedy. November 1962. $7,000 to $9,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 537: Marc Chagall. <i>Illustrations for the Bible</i>. Features 28 lithograph plates. First American edition, 1956. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 252: Jack Kerouac. <i>On the Road</i>. 1957. First edition. $5,000 to $7,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 143: Arthur Rimbaud. <i>A Season in Hell</i>. With photogravures by Robert Mapplethorpe. The Limited Editions Club, 1986. $600 to $800
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 72: Group of 11 Harry Truman Signed Letters. Typed & signed by the former President. 1962-1970. $1,500 to $2,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 157: Arthur Conan Doyle. The Complete Works of Sherlock Holmes by The Limited Editions Club. 8 vols. 1950-52. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 173: Jacob Lawrence. <i>The First Book of Moses, Called Genesis</i>. Illustrated with silkscreens by Lawrence. 1989. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 239: William Faulkner. <i>Sartoris</i>. First edition. New York: Harcourt, Brace, & Company, 1929. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 286: Walt Whitman. New Year’s Eve Postcard Signed, “Walt Whitman,” to the poet Gabriel Sarrazin. January, 1891. $4,000 to $6,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 351: Pair of European Fine Bindings. Including Gesanbuch (1831) & Naboznych Vylevov (1911). $200 to $300
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 423: August Luben. <i> Naturhistorischer Atlas der Saugethiere </i>. Includes complete set of 30 loose plates. Leipzig: 1858. $1,000 to $1,500
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 386: <i>Famous Monsters of Filmland No 1</i>. Art by Will Elder, text by Forrest Ackerman. Warren’s first monster magazine. Feb, 1958. $2,000 to $3,000
  • <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> <i>Verve: Revue Artistique et Littéraire/An Artistic and Literary Quarterly,</i> nos.1-38 in 26 vol [a complete set], numerous colour lithographs by Picasso, Chagall, Matisse & others. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Wesley (John, Church of England clergyman and a founder of Methodism, 1703-91). Autograph Letter signed to Rev. John Bredin, 1782. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Austen (Jane). Brock (Charles Edward). A group of seventeen ink and watercolour drawings for Dent's edition of Jane Austen's <i>Sense and Sensibility,</i> 1908. £6,000 to £8,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Tibullus (Albius) and Gaius Valerius Catullus. <i>Elegiae, sive Carmina,</i> Venice, Andreas de Paltasichis, 1487. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Doves Press. English Bible (The), 5 vol., one of 500 copies, signed and inscribed by Laurence Hodson, Doves Press, 1903. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Africa. Smith (Andrew). <i>Illustrations of the Zoology of South Africa,</i> 5 vol., first edition, original cloth, [1838-50]. £4,000 to £6,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Longitude. <i>An Act for providing a Publick Reward for such Person or Persons as shall Discover the Longitude at Sea,</i> first edition of this highly important act, John Baskett, 1714. £3,000 to £5,000
    <b>Forum Auctions, Jan. 25:</b> Shirley (James). <i>Six new playes, viz. The Brothers. Sisters. Doubtfull Heir. Imposture. Cardinall. Court secret,</i> first edition, 1653. £3,000 to £4,000
    <b>Forum Auctions, Jan. 25:</b> Heaney (Seamus). <i>Ugolino,</i> number 77 of 125 copies, Dublin, Dolmen Press, 1979. £3,000 to £4,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Lasinio (Carlo, 1759-1838). <i>[Ritratti Originali de Pittori Esistenti Nella Reale Galleria de Firenze],</i> 99 engravings, circa 1791-96. £1,800 to £2,200
    <b>Forum Auctions, Jan. 25:</b> Japan. Kusakabe Kimbei. Photograph Album, 50 hand-coloured albumen prints, oblong folio, [c.1890-1900]. £1,500 to £2,000
    <b>Forum Auctions, Jan. 25:</b> Polar. Expedition in search of Sir John Franklin. Arctic Expedition in search of Sir John Franklin, printed flyer, 1852. £1,000 to £1,500
  • <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> <i>The Massachusetts Magazine: or Monthly Museum of Knowledge and Rational Entertainment,</i> 1789. Signed by George Washington. $28,000 to $32,000
    <b>Case Antiques, Jan. 27:</b> George Washington Signed Letter to John Marshall. $12,000 to $14,000
    <b>Case Antiques, Jan. 27:</b> Picasso Signed “Vallauris” 1952 Exhibition Poster. $6,000 to $8,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Military appointment commission document signed by both President Thomas Jefferson and Secretary of War Henry Dearborn, dated January 27, 1803. $2,400 to $2,800
    <b>Case Antiques, Jan. 27:</b> Doris Ulmann and Julia Peterkin. <i>Roll, Jordan, Roll.</i> New York, 1933, deluxe edition, preceding first edition of the same year. No. 74 of 350. $5,000 to $6,000
    <b>Case Antiques, Jan. 27:</b> John Marshall. <i>The Life of George Washington,</i> Philadelphia, 1832. Signed by author. $5,000 to $7,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Samuel L. Margolies (American, 1897-1974). Aquatint and etching, "Builders of Babylon," 1937. $4,000 to $4,500
    <b>Case Antiques, Jan. 27:</b> Two Robert E. Lee (1807-1870) signed documents as President of Washington College. $3,000 to $3,500
    <b>Case Antiques, Jan. 27:</b> William C. Harris. <i>The Fishes of North America That Are Captured on Hook and Line</i>, Vol I., New York, 1898. 40 chromolithograph plates. $2,000 to $2,500
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> $100 "Date Back" bank note 1902 from the Clarksville National Bank, Clarksville, Tennessee, depicting the portrait of John Jay Knox, Jr. $1,400 to $1,800
    <b>Case Antiques, Jan. 27:</b> View of the University of Virginia, Charlottesville and Monticello, Taken from Lewis Mountain, drawn and lithographed by Edward Sachse. $800 to $1,000
    <b>Case Antiques, Jan. 27:</b> Large Civil War photograph mounted on card stock depicting Rossville Gap in Missionary Ridge. $400 to $450

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