• <b>19th Century Shop.</b> LINCOLN, ABRAHAM. <i>A superb collection of manuscripts signed by Lincoln and relics related to Lincoln’s death</i>. Washington, 1864-1865
    <b>19th Century Shop.</b> Rare Relic of the Underground Railroad (1857). <i>$500 Reward Ran away ...</i>
    <b>19th Century Shop.</b> CARTER, SUSANNAH. <i>The Frugal Housewife,</i> (1772) the second American cookbook, plates by Paul Revere.
    <b>19th Century Shop.</b> SCHIRRA, WALTER M.. Icon of the American Space Program. <i>A Complete Set of Schirra’s Flight Log Books (1947-69).</i>
    <b>19th Century Shop.</b> A fine pair of daguerreotypes, one a black nurse holding a white baby, the other the white parents. Maryland, c. 1853.
    <b>19th Century Shop.</b> The Internet. (COMPUTERS.) CERF, VINTON & KAHN, ROBERT. <i>"A Protocol for Packet Network Intercommunication" in IEEE Transactions on Communications.</i>
  • <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> The Bay Psalm Book, previously unseen 7th edition of the first book printed in North America, Boston, 1693. $30,000 to $40,000.
    <b>Swann Auction Galleries Feb 4:</b><br><i>The Federalist: A Collection of Essays Written in Favour of the New Constitution</i>, first edition, two volumes, New York, 1788.<br>$90,000 to $120,000.
    <b>Swann Auction Galleries Feb 4:</b> Thomas Jefferson, <i>Notes on the State of Virginia</i>, first English edition, London, 1787. $25,000 to $35,000.
    <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> William Rollinson, <i>Alexander Hamilton, Major General...Secretary<br>of the Treasury</i>, engraving, New York, 1804. $5,000 to $7,500
    <b>Swann Auction Galleries Feb 4:</b> <i>$100,000 Reward!</i>, letterpress broadside, Washington, 20 April 1865. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 4:</b><br>John André, <i>A Representation of Major John André...going from the Vulture Sloop of War</i>, aquatint, circa 1781. $15,000 to $25,000.
    <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> Lewis Cresse, Manuscript journal of an early Cape May whaler, 1752-66. $8,000 to $12,000.
    <b>Swann Auction Galleries Feb 4:</b> Letterbook of Boston merchant<br>and Privateer agent Paschal Smith during the Revolution, Boston<br>and elsewhere, 1775-81.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Feb 4:</b><br>A group of four Autograph Letters Signed to Che Guevara from his father and Alberto & Tomas<br>Granado, 1954-55. $4,000 to $6,000.
  • <b>Bonhams Fine Books and Manuscripts, February 14th, 2016.</b>
    <b>Bonhams Feb 14th:</b> Lot 9. HIERONYMUS. C.340-420. <i>Epistolae. WITH: Lupus de Oliveto. Regula Monachorum ...</i> US$ 20,000-30,000.
    <b>Bonhams Feb 14th:</b> Lot 47. FROST, A.B. 1858-1921. Shooting Pictures. New York: Charles Scribner's Sons.<br>US$ 10,000-15,000.
    <b>Bonhams Feb 14th:</b> Lot 53. PICASSO, PABLO, RAOUL HAUSMANN, et al. ILIAZD, ed. Poesie de mots inconnus. 1949. US$ 8,000-12,000.
    <b>Bonhams Feb 14th:</b> Lot 64. BRIGGS, HENRY. 1561-1630. <i>The North Part of America</i>. [London: 1625]. Engraved by R. Elstracke. US$ 8,000-12,000.
    <b>Bonhams Feb 14th:</b> Lot 79. COPERNICUS, NICOLAUS. De revolutionibus orbium coelestium. 1566. US$ 80,000-120,000.
    <b>Bonhams Feb 14th:</b> Lot 80. DARWIN, CHARLES. On the Origin of Species by Means of Natural Selection, or the Preservation of ... US$ 70,000-90,000.
    <b>Bonhams Feb 14th:</b> Lot 87. NEWTON, ISAAC, SIR. Autograph Manuscript in Latin and English [n.p., early 1670s}. US$ 100,000-150,000
    <b>Bonhams Feb 14th:</b> Lot 93. Dr. Kary Mullis' 1993 Nobel Prize in Chemistry, awarded to him for the invention of the Polymerase Chain Reaction. US$ 450,000-550,000.
    <b>Bonhams Feb 14th:</b> Lot 96.<br>CLEMENS, SAMUEL. Autograph Manuscript, nearly complete chapter 30 of <i>A Tramp Abroad</i>, c.1879.<br>US$ 20,000-30,000.
    <b>Bonhams Feb 14th:</b> Lot 105. GOLF. [MATHISON, THOMAS. d.1754.]<br><i>The Goff</i>. An Heroi-Comical Poem.<br>US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 113. JOYCE, JAMES. 1882-1941. <i>Ulysses</i>. First Edition, Presentation Copy, Signed and Inscribed by Joyce on the half-title. US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 120. LONDON, JACK. Autograph Manuscript of the short story "Flush of Gold". <br> US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 135. STEINBECK, JOHN. Autograph Manuscript of an unpublished short story. US$ 35,000-45,000.
    <b>Bonhams Feb 14th:</b> Lot 149. GERONIMO. BARRETT, S.M., ed. Geronimo's Story of His Life. 1906. US$ 12,000-18,000.
    <b>Bonhams Feb 14th:</b> Lot 165.<br>ENOLA GAY. LEWIS, ROBERT A. An official pilot's log, 1942 to 1946. US$ 50,000-80,000.

Rare Book Monthly

Articles - November - 2012 Issue

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

Googlelibprologo

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>AUCTIONATA Feb 9th.</b> Lot 7. <br>W. Churchill, 'The Second World<br>War,' 6 Vols, 1st Edition, Signed.<br>Starting Bid $1,800.
    <b>AUCTIONATA Feb 9th.</b> Lot 9. <br>Cormac McCarthy, The Border Trilogy, 1st Editions, Signed, 1992-98. <br>Starting Bid $1,600.
    <b>AUCTIONATA Feb 9th.</b> Lot 26. <br>Sabre-Toothed Tiger Skull Cast. <br>Starting Bid $ 700.
    <b>AUCTIONATA Feb 9th.</b> Lot 29. Ariosto, [Opere] Orlando furioso…, 2 Vols, Venice, 1730. Starting Bid $2,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 40. Goya, Complete "Los Caprichos," 5th Ed., Real Academia. Starting Bid $3,400.
    <b>AUCTIONATA Feb 9th.</b> Lot 42.<br>Gustav Klimt, "50 Handzeichnungen," Leipzig, 1922. Starting Bid $1,800.
    <b>AUCTIONATA Feb 9th.</b> Lot 43. Léon Bakst, 42 Tafeln und 6 Abbildungen, Berlin: Wasmuth, 1925. <br>Starting Bid $3,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 62. Portfolio Revue Verve, Vols. I-X, Nos. 1-38, 1937-60. Starting Bid $9,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 73. Ptloemas, Geographiae universae tum veteris, Peter Keschedt, 1597.<br>Starting Bid $280.00.
    <b>AUCTIONATA Feb 9th.</b> Lot 76.<br>G. F. Kunz, "The Book of the Pearl," Inscribed, New York, 1908.<br>Starting price $280.
    <b>AUCTIONATA Feb 9th.</b> Lot 81. NWA 8277 — Lunar Meteorite Slice, Sahara Desert. Starting Bid $1,600.
    <b>AUCTIONATA Feb 9th.</b> Lot 83. Benjamin Franklin; Sewel, The History of the Rise… Quakers, 1728. Starting Bid $2,000.
  • San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    San Francisco Antiquarian Book Print & Paper Fair, February 5-6, 2016, San Mateo (CA) Event Center.
    Get a list of our Exhibitors.
    San Francisco Antiquarian Book Print & Paper Fair. February 5-6, 2016. Visit our web site for directions.
  • <b>Old World Auctions (Feb 3-17):</b><br>Lot 14. Blaeu,<i>Nova Totius Terrarum Orbis Geographica ac Hydrographica Tabula</i>, 1635. Est. $14000-$16000
    <b>Old World Auctions (Feb 3-17):</b><br>Lot 305. Arrowsmith, <i>Texas: The Rise, Progress, and Prospects of the Republic of Texas</i>, 1841. Est. $18000-$20000
    <b>Old World Auctions (Feb 3-17):</b><br>Lot 256. Thackara, <i>Plan of the City<br>of Washington in the Territory of Columbia</i>, 1792. Est. $13000-$16000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 188. Browne/Senex, A New<br>Map of Virginia Mary-land, 1719. <br>Est. $5500-$6500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 47. Cellarius, <i>Scenographia Systematis Copernicani</i>, 1708.<br>Est. $2400-$3000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 6. Ortelius, <i>Typus Orbis Terrarum</i>, 1571. Est. $7000-$8500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 413. De Medina, <i>Mundo Novo,</i> 1554. Est. $7000-$9000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 37. Jansson, <i>Histoire des Grands Chemins de l'Empire Romain</i>, 1736. Est. $3000-$3750
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 798. Le Rouge, <i>Atlas Nouveau Portatif a l'Usage des Militaires</i>, 1748. Est. $2400-$3000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 60. Munster, <i>Tabula Novarum Insularum</i>, 1559. Est. $5500-$7000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 122. Morden, <i>A New Map of the English Empire in America</i>, 1695. <br>Est. $14000-$16000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 291. J.J. Stoner, Niagara-Falls, <br>N.Y., 1882. Est. $1600-$1900
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 797. Sanson, <i>Die Gantze Erd-Kugel</i> ... Europa, Asia, Africa und America, 1679. Est. $8000-$10000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 799. Lotter/Lobeck, Atlas Geographicus Portatilis, 1760.<br>Est. $1600-$1900
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 808. Railroad Companies, [<i>Manuscript Railroad Atlas</i>], 1890.<br>Est. $1000-$1500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 800. Pinkerton, <i>A Modern Atlas</i>, 1815. Est. $8000-$10000

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