• <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>
  • <b>Swann Auction Galleries Dec 13:</b> Adrian Reland, <i>Imperium Japonicum,</i> first European map to use Sino-Japanese characters, Amsterdam, circa 1740. $1,000 to $1,500.
    <b>Swann Auction Galleries Dec 13:</b> John Overton, <i>A New & Most Exact Map of America,</i> hand colored, London, 1671. $6,000 to $9,000.
    <b>Swann Auction Galleries Dec 13:</b> John James Audubon, <i>The Birds of America & Quadrupeds of North America,</i> together in 10 matching octavo bindings. $20,000 to $30,000.
    <b>Swann Auction Galleries Dec 13:</b> Cornelis de Jode, <i>Hemispheriu ab Aequinoctiali Linea,</i> Antwerp, 1593. $20,000 to $30,000.
    <b>Swann Auction Galleries Dec 13:</b> Currier & Ives, <i>Across the Continent,</i> New York, 1868, formerly in the collection of Thomas Winthrop Streeter. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 13:</b> Frederick Sander, <i>Reichenbachia, Orchids Illustrated & Described,</i> in four volumes, St. Albans, 1888-94. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 13:</b> Color woodblock map of Uraga and Edo Bay showing the course of Commodore Perry’s Black Ship squadron, Japan, circa 1854. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 13:</b> Manuscript report on the arrival of Commodore Matthew Perry, with 2 portraits of Perry & Commander H. A. Adams, Japan. $2,500 to $3,500.
    <b>Swann Auction Galleries Dec 13:</b> Edward Lear, <i>Castello di Melfi in Basilicata,</i> ink, graphite & watercolor, 1847. $3,000 to $5,000.
    <b>Swann Auction Galleries Dec 13:</b> Abraham Ortelius, <i>Islandia,</i> Antwerp, 1603. $3,500 to $5,500.
    <b>Swann Auction Galleries Dec 13:</b> Philippe Vandermaelen, North American volume of the first atlas to use lithography, Brussels, 1827. $6,000 to $9,000.
    <b>Swann Auction Galleries Dec 13:</b> Joseph Frederick Wallet Des Barres, <i>A Chart of the Coast,</i> from the <i>Atlantic Neptune,</i> London, 1780. $18,000 to $22,000.
  • <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> LÉOPOLD II of Belgium. Autograph letter signed to Ferdinand de Lesseps. (Brusselss, 30th of August 1881. € 500 / 600
    <b>Arenberg Auctions, Dec 14-15:</b> Unique collection of c. 280 satirical postcards on Léopold II of Belgium.<br>€ 3.000 / 3.500
    <b>Arenberg Auctions, Dec 14-15:</b> Horae, use of Rouen, c. 1475.<br>€ 22.000 / 30.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> <i>Sensuyt la tresplaisante hystoire du preux et vaillant Guerin de Montglaue</i> [...]. € 6.000 / 8.000
    <b>Arenberg Auctions, Dec 14-15:</b> SCUTENAIRE, Louis. <i>Mes inscriptions.</i> 1945-1963. € 1.000 / 1.200
    <b>Arenberg Auctions, Dec 14-15:</b> Études Gèographiques [puzzle].<br>€ 70 / 100
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> Unique series of fifty 19th-c. Persian miniatures. € 1.500 / 2.500
    <b>Arenberg Auctions, Dec 14-15:</b> SIXTUS IV. <i>De sanguine Christi et De potentia Dei,</i> 1474. € 4.500 / 6.000
    <b>Arenberg Auctions, Dec 14-15:</b> Joan Miró, lithographies. € 200 / 300
    <b>Arenberg Auctions, Dec 14-15:</b> MERIAN, Anna Maria Sibylla. [Metamorphosis of a brown butterfly]. € 4.000 / 5.000
  • <b>Christie’s London, 12 Dec:</b> Huang Qianren. Complete Geographic Map of the Great Qing Dynasty. £50,000 to £80,000
    <b>Christie’s London, 12 Dec:</b> Book of Hours of Jean Le Sauvage and Jacqueline de Boulogne. £70,000 to £100,000
    <b>Christie’s London, 12 Dec:</b> Abraham Ortelius. <i>Theatrum orbis terrarum. – Parergon. – Nomenclator ptolemaicus,</i> 1584. £80,000 to £120,000

Rare Book Monthly

Articles - December - 2012 Issue

Could Selling an Old Book Become Illegal?

Youboughtit

Motto of the Owners' Rights Initiative.

Most of us have probably sold an old book at a yard sale, on eBay, given it to a library, or some such thing. We probably never gave it a second thought. Maybe we need to. Maybe we are criminals, violating copyright law. A case has come before the Supreme Court that could turn some of our assumptions upside down, at least as pertains to books produced overseas. Take that, Gutenberg! You better read Johannes' copyright notice before you sell your copy of his bible.

This issue arose from the brainchild of Supap Kirtsaeng, a student from Thailand attending college in America. He noticed textbooks are very expensive in America, and he was not a wealthy young man. However, he recalled that textbooks were much cheaper in Thailand, so he wrote to his family and asked them to see if they could find cheaper versions of the school books he needed back home. Indeed they could. American book publishers frequently print identical or very similar editions of the books they publish in America and sell them for much lower prices overseas.

Mr. Kirtsaeng saw the light. Not only was he struggling with the high cost of books, but so were his fellow students. So, he asked his family to send him a whole bunch of books from Thailand. He began selling them in America, posting the books on eBay. He could sell them to American students for a lot less than they could buy them at the student bookstore, while still making a tidy profit for himself. Mr. Kirtsaeng was happy. Students were happy. John Wiley and Sons (publishers) was not. They sued Mr. Kirtsaeng.

Here is what Wiley prints in their overseas editions: “This book is authorized for sale in Europe, Asia, Africa and the Middle East only [and] may not be exported. Exportation from or importation of this book to another region without the Publisher’s authorization is illegal and is a violation of the Publisher’s rights. The Publisher may take legal action to enforce its rights. The Publisher may recover damages and costs, including but not limited to lost profits and attorney’s fees, in the event legal action is required.” Wiley sued and won. Mr. Kirtsaeng was ordered to pay $600,000. Evidently, he sold a lot of books, though perhaps not enough to cover a judgment of this magnitude. Reportedly, he is back in Thailand.

Now, this case has made its way up to the Supreme Court, and there are many parties looking to overturn the verdict. The consequences are wide-ranging. One such group is called the “Owners' Rights Initiative,” and its motto is “if you bought it, you own it.” Among its members are the American Library Association, the American Association of Law Libraries, eBay, Goodwill Industries, and Powell's Books, the large Oregon used books retailer. There are also many technology vendors, as the same issue arises with high-tech gadgets purchased overseas.

The issue at hand involves possible conflicts within the copyright law. One side relies on one of the most basic of rules, handed down by the Supreme Court in 1908, and codified in the copyright law a year later. It's called the “first sale doctrine.” Before this court decision, Bobbs-Merrill, in its copyright notice, added a limitation on reselling their books. In other words, if you tried to resell your copy of a book that you bought at a store, you might be violating their copyright. The court said no, and copyright law now includes the “first sale doctrine.” It says that after that first sale, the buyer may sell or otherwise dispose of that book however he or she sees fit without violating the copyright law. You (as an American) may safely sell or give away any book published in the United States without fear of violating the copyright law. The copyright law prevents you from copying a book, but not from reselling the copy you bought from the publisher.

In the 1990s, a section was added to the copyright law which states, “importation into the United States, without the authority of the owner of the copyright under this title, of copies . . . that have been acquired outside the United States is an infringement of the exclusive right to distribute copies.” However, this must be understood in conjunction with the earlier rule which states, “the owner of a particular copy . . . lawfully made under this title . . . is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy.” We will not get into the esoterica of the legal arguments here, but focus on the consequences, which could be substantial. In terms of the technical legal argument, Wiley is arguing that the “first sale doctrine” applies only to books “ lawfully made under this title,” and only books published in the U.S., they say, are governed by (“lawfully made” under) U.S. copyright law.

The Owners' Right Initiative describes the potential consequences this way: “If the Court rules in favor of Wiley, libraries may be unable to lend books, individuals could be restricted from donating items to charities, and businesses and consumers could be prevented from selling a variety of products, from electronics, to books, to jewelry, to used cars.” Could selling your used Mercedes or Toyota be a copyright violation? It's not likely a car company would place such a restriction, but book publishers certainly might and do. And, it is important to note that the limitation, if upheld, could apply to libraries lending books, and even people giving away old copies, which is why the American Library Association and Goodwill have joined in this protest.

An amicus brief filed with the court by four booksellers, Powell's Books, Strand Book Store, Half Price Books, and Harvard Book Store, points out, “the interpretation Wiley advances would have made pirates even out of our Founding Fathers. In the 1730s and 40s, Benjamin Franklin operated a book store on Main Street in Philadelphia stocked primarily with books imported from British dealers. If Franklin opened his bookstore today, on Wiley's view, virtually every sale he made would be an infringement of copyright, since each such sale would constitute distribution of books manufactured abroad.” They also note that the library at the University of Virginia would not have been able to lend the books Thomas Jefferson purchased for them without permission from each publisher. Surely, they conclude, Congress did not intend to ban this critical process in the distribution of knowledge through the copyright law.

Rare Book Monthly

  • <center><b>Sotheby’s New York<br>Fine Books & Manuscripts Online<br>Ending December 17</b>
    <b>Sotheby’s Online, Now - Dec 17:</b> SHAKESPEARE, WILLIAM. <i>Mr. William Shakespeares Comedies, Histories, and Tragedies…</i> The Second Impression. 1632. $100,000 to $150,000
    <b>Sotheby’s Online, Now - Dec 17:</b> GEORGE CURZON, 1ST MARQUESS CURZON OF KEDLESTON. “Curzon Tiger Hunt.” [India: circa 1901]. 120 albumen photographs. $3,000 to $5,000
    <b>Sotheby’s Online, Now - Dec 17:</b> (CASSADY, NEAL). Kerouac, Jack. <i>On the Road.</i> New York: Viking Press, 1957. Inscribed. $10,000 to $15,000
    <b>Sotheby’s Online, Now - Dec 17:</b> VEGA, JOSEPH PENSO DE LA. <i>Confusion de Confusiones. Dialogos curiosos entre un Philosopho agudo, un Mercader discrete...</i> Amsterdam, 1688. $200,000 to $300,000
    <b>Sotheby’s Online, Now - Dec 17:</b> RACKHAM, ARTHUR — [WILLIAM SHAKESPEARE]. "The Moon Like to a Silver Bow New-Bent in Heaven," original illustration for <i>A Midsummer Night's Dream.</i> $12,000 to $18,000
  • <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> WETZEL, CHARLES M. American Fishing Books. $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> BISSELL, ALFRED E., <i>In Pursuit of Salar.</i> $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> <i>The Settler and Sportsman in Anticosti.</i> $400 to $600
    <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> CARLETON, HENRY GUY, <i>Advice to Young Anglers.</i> $300 to $500
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> ROBINSON, ROLAND EVANS, <i>Forest and Stream Fables. By Awahsoose the Bear.</i> $300 to $500
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SAWADA, KEN, <i>The Art of the Classic Salmon Fly.</i> $300 to $500
    <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SOUTHARD, CHARLES ZIBEON, <i>The Evolution of Trout and Trout Fishing in America.</i> $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SOUTHARD, CHARLES ZIBEON, <i>Trout Fly-Fishing in America.</i> $400 to $600
  • <center><b>Sotheby’s New York<br>Fine Autograph Letters and Manuscripts from a Distinguished Private Collection: Part II<br>December 13, 2018</b>
    <b>Sotheby’s NY, Dec 13:</b> Sibelius, Jean. Autograph manuscript of “Spagnuolo” for piano, boldly signed “Jean Sibelius.” $20,000 to $30,000
    <b>Sotheby’s NY, Dec 13:</b> Verdi, Giuseppe. Fourteen largely unpublished autograph letters signed to Alessandro Lanari, the “Napoleon of Impresarios.” $100,000 to $150,000
    <b>Sotheby’s NY, Dec 13:</b> Jefferson, Thomas. Autograph letter signed ("Th: Jefferson") to William Lee, Monticello, 26 August 1816. $20,000 to $30,000
    <b>Sotheby’s NY, Dec 13:</b> Whitman, Walt. Signed carte-de-visite photograph by Benjamin Gurney, 1875. $1,000 to $1,500
    <b>Sotheby’s NY, Dec 13:</b> Wilde, Oscar. Autograph letter signed ("Oscar Wilde"). 8 pages on 2 bifolia of different sizes, with ink sketch on the first page. $25,000 to $30,000
  • <b>Dominic Winter Auctioneers: Printed Books, Maps & Documents, Dec 12; Modern Literature & First Editions, Dec 13</b>
    <b>Dominic Winter, Dec 12:</b> Thomas Malton, <i>Malton's Oxford,</i> 4 original parts, 1st edition, 1802-1804. £2000 to £3000
    <b>Dominic Winter, Dec 12:</b> John Papworth, <i>Select Views of London,</i> 1st edition, Ackermann, 1816. £1000 to £1500
    <b>Dominic Winter, Dec 12:</b> William Curtis, <i>Flora Londinensis,</i> 5 volumes, 1st edition, 1835. £5000 to £7000
    <b>Dominic Winter Auctioneers: Printed Books, Maps & Documents, Dec 12; Modern Literature & First Editions, Dec 13</b>
    <b>Dominic Winter, Dec 12:</b> Thomas Jerdon, <i>Illustrations of Indian Ornithology…,</i> 1st edition, 1847. From the ornithological library of Martin Woodcock. £1000 to £1500
    <b>Dominic Winter, Dec 12:</b> C. & J. Greenwood, <i>London from actual survey made in the years 1824, 1825 & 1826...,</i> 1830. £3000 to £5000
    <b>Dominic Winter, Dec 12:</b> Joseph Smith, <i>The Book of Doctrine and Covenants,</i> 2nd European edition, Liverpool, 1849. £2000 to £3000
    <b>Dominic Winter, Dec 12:</b> Khaqani, <i>Tuhfat al-’Iraqayn [‘The Gift of the Two Iraqs’],</i> probably Safavid Iran [c. 1600]. £700 to £1000
    <b>Dominic Winter Auctioneers: Printed Books, Maps & Documents, Dec 12; Modern Literature & First Editions, Dec 13</b>
    <b>Dominic Winter, Dec 13:</b> Steiff. A pair of rare Steiff rod bears, c. 1904. £7,000 to £10,000
    <b>Dominic Winter, Dec 13:</b> Golden Cockerel Press, <i>Canterbury Tales, Illustrated by Eric Gill,</i> 4 volumes, 1929-31. £2000 to £3000
    <b>Dominic Winter, Dec 13:</b> Lord Byron (1788-1824), A piece of red damask from the bridal bed curtain of Lord & Lady Byron, Seaham Hall, 1815. £2000 to £3000
    <b>Dominic Winter, Dec 13:</b> Rupert Brooke (1887-1915), Autograph letter signed to an admiring Cambridge friend, the notable bookseller E.P. Goldschmidt, [1907]. £3000 to £5000
    <b>Dominic Winter, Dec 13:</b> Eric Ambler, <i>Cause For Alarm,</i> 1st edition in dust jacket, inscribed by the author, 1938. £1500 to £2000
  • <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> KNIGHT, HILARY. The Original Portrait of Eloise that Hung at the Plaza Hotel. $100,000 to 150,000
    <b>Bonhams, Dec 5:</b> WARHOL, ANDY. "Iced Lemon Delight," an Original Watercolor Presented to Hilary Knight's cat, Phoebe $8,000 to 12,000
    <b>Bonhams, Dec 5:</b> SENDAK, MAURICE. <i>Where the Wild Things Are.</i> PRESENTATION COPY, INSCRIBED with drawing to Hilary Knight in the month following publication. $10,000 to 15,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> NOLAND, KENNETH. Original circle painting, untitled, acrylic and ink on cloth, for cover of monograph $8,000 to 12,000
    <b>Bonhams, Dec 5:</b> TOULOUSE-LAUTREC. <i>Histoires Naturelles,</i> 1899. With 22 original lithographs. $10,000 to 15,000
    <b>Bonhams, Dec 5:</b> SHAKESPEARE, WILLIAM. <i>A Collection of Poems,</i> [1711]. The first authoritative and complete collected Sonnets.$15,000 to 20,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> LONDON, JACK. <i>The Call of the Wild.</i> 1903. First edition, first state jacket. $2,000 to 3,000
    <b>Bonhams, Dec 5:</b> FROST, ROBERT. Autograph Manuscript of "Build Soil," 12 pp, 1932-1936. $15,000 to 20,000
    <b>Bonhams, Dec 5:</b> GOULD, GLENN. Glenn Gould's extensively annotated copy of Bach's Goldberg Variations $100,000 to 150,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> PLATH, SYLVIA. EARLY Autograph Letter Signed, about her beginnings as a writer, Northampton, MA, 1951. $7,000 to 10,000
    <b>Bonhams, Dec 5:</b> HOUDINI, HARRY. A collection of 11 cast iron shackle and lock items from Houdini's personal collection. $20,000 to 30,000
    <b>Bonhams, Dec 5:</b> M4 ENGIMA MACHINE, with very rare RARE HYDRA KEY ENVELOPE. $400,000 to 600,000

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