• <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b> Isaak de Graaf, manuscript map of Java, ink & watercolor on vellum, 1743. $180,000 to $220,000.
    <b>Swann Auction Galleries May 26:</b> Maria Sibylla Merian, <i>Histoire générale des insectes de Surinam</i>,<br>72 hand-colored plates, Paris, 1771. $60,000 to $90,000.
    <b>Swann Auction Galleries May 26:</b> James Gillray, <i>The Plumb-pudding<br>in danger</i>, hand-colored etching, London, 1805. $8,000 to $12,000.
    <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b> Visscher, Composite atlas with 73 maps in original hand-color in full, Amsterdam, after 1716.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries May 26:</b> Mahmud Raif Efendi, <i>Cedid atlas tercümesi</i>, 25 hand-colored maps, Istanbul, 1803-1804.<br>$40,000 to $60,000.
    <b>Swann Auction Galleries May 26:</b> John James Audubon, <i>The Birds of America</i>, 7 volumes, 1839-44. $30,000 to $50,000.
    <b>Swann Auction Galleries May 26: Maps & Atlases, Natural History & Color Plate Books.</b>
    <b>Swann Auction Galleries May 26:</b><br>A.B. Frost, <i>Shooting Pictures</i>, 12 chromolithographs, New York, 1895. $4,000 to $6,000.
    <b>Swann Auction Galleries May 26:</b> John Senex, <i>A New General Atlas</i>,<br>33 engraved maps & town plans, London, 1721. $10,000 to $15,000.
    <b>Swann Auction Galleries May 26:</b> Elihu Barker & Mathew Carey, <i>A Map of Kentucky from Actual Survey</i>, Philadelphia, circa 1794.<br>$10,000 to $15,000.
  • <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 552. Zoologie. Merian, Maria Sibylla. De Europische insecten ... Estimate 32000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 32. (Horae beatae maria virginis.)-(Hours for use of Paris) presented a lusaige hours of Paris. Gedrucktes Stundenbuch auf Pergament. Estimate 10000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 15. Inkunabeln. Curtius Rufus, Quintus. Third known edition.<br>Estimate 7000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 145. Atlanten - China. Philippe Vandermaelen. Atlas Universel de Géographie Physique, Politique, Statistique et Minéralogique. Estimate 6000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 144. Atlanten. Seutter, Matthäus. Nordenskiöld 283. Phillips 3494. Estimate 4500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 864. Mulinari, Stefano. Disegni originali d'eccellenti pittori esistenti nella Real Galleria ... <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 864. Mulinari, Stefano. Disegni originali d'eccellenti pittori e
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 29. Reisch, Gregor. Margarita philosophica (with a (m ) addition new timber. Estimate 3000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 37. Antiphonar. Proprium Officium Defuntoru. Ad versperas. Ana. Estimate 2500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 11. Einbände. Fünf Werke der lateinischen Klassik. Amsterdam, Blaeu 1630-1632. Estimate 1800 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 87. Zirardini, Gaetano Conte. Comparazione fra le luminose gesta dell'imperatore Carlo V. con quelle dell'imperatore Francesco I. d'Austria. Estimate 1500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 432. Fische. Couch, Jonathan. A history of the fishes of the British Islands. 4 Bde. Mit 252 handkolor. Estimate 1200 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 950. Arp, Hans. Mondsand. Gedichte. Mit 7 Original-Radierungen von Hans Arp. Estimate 1200 €.
  • <b>Skinner Fine Books & Manuscripts <i>online</i> | May 18-26 | skinnerinc.com</b>
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1051: Keller, Helen (1880-1968) Autograph Letter Signed and Cabinet Card, est. $3,000-5,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1108: Washington, George (1732-1799) Military Discharge Signed, Headquarters, Newburgh, New York, 7 June 1783, est. $7,000-9,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1131: Bayes, Jessie (1876-1970) Illuminated Manuscript, <i>Six Poems from Gitanjali by Rabindranath Tagore</i>. London, 1917, est. $15,000-17,000
    <b>Skinner Fine Books & Manuscripts <i>online</i> | May 18-26 | skinnerinc.com</b>
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1144: Darwin, Charles (1809-1882) <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: Murray, 1859, est. $60,000-80,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1170: Fossati, Giorgio (1706-1778) <i>Raccolta di Varie Favole Delineate, ed Incise in Rame</i>. Venice: Carlo Pecora, 1744, est. $5,000-7,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1224: Nielsen, Kay (1886-1957) <i>East of the Sun and West of the Moon, Old Tales from the North</i>. London: Hodder & Stoughton, 1914,<br> est. $5,000-7,000
    <b>Skinner Auction | May 18-26:</b> <br>Lot 1284: Audubon, John James (1785-1851) <i>American Flamingo</i>. [from] <i>The Birds of America</i>, New York: Bien, 1860, est. $10,000-15,000
  • Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies</i>, Edited by John Heminger (D. 1630) and Henry Condell<br>(D. 1627). £800,000–£1,200,000
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies.</i> The Second Impression. £180,000–£250,000
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies. </i>The Third Impression. £300,000–£400,000.
    Christie's London: SHAKESPEARE, William. <i>Comedies, Histories, and Tragedies. Published According to the True Orginal Copies. </i> The Fourth Edition. £15,000–£20,000

Rare Book Monthly

Articles - April - 2013 Issue

Booksellers Win Right to Resell Secondhand Books in U.S. Supreme Court Decision

Scseal

Seal of the Supreme Court.

In a major case that pitted used book sellers, libraries, museums and other retailers against book publishers, the U.S. Supreme Court came down squarely on the booksellers' side. The Court ruled that publishers may not use copyright law to prevent the owners of used books published abroad from reselling, loaning, or giving them away. You may not have realized this was even an issue, but had the lower court rulings been upheld, you might have found yourself on the losing end of a lawsuit for such behavior. No wonder such organizations as Powell's Books and the American Library Association banded together to fight this case all the way to the Supreme Court. It took an unusual coalition of Supreme Court justices, three liberals and three conservatives, to win this decision 6-3 for the booksellers and their allies.

Technically, the winner in this case was one Supap Kirtsaeng. Kirtsaeng was a student from Thailand who came to America to study at Cornell. When he went to purchase his schoolbooks, he noticed they were much more expensive in America than in Thailand. He also realized that the books were essentially the same. Kirtsaeng had good business instincts. He called the folks back home in Thailand and asked them to buy a bunch of textbooks and ship them to him. Kirtsaeng then put them up for sale, saving his student customers a bundle while making a nice profit for himself.

Publisher John Wiley and Sons was not amused. Their Thai books are stamped with a copyright notice that says they may not be exported to nations such as America. They sued Kirtsaeng.

Wiley publishes editions of its textbooks in Thailand and sells them much cheaper there. The average Thai student evidently is not as well off financially as the typical American, at least that's what Wiley believes. They realized they could sell for substantially higher prices in America. Wiley's actions can be interpreted in two ways. Wiley argues that what it is doing is making affordable instruction available to young people in poorer countries who otherwise would never get the chance to lift themselves up. This is altruism in action. They explained the cheap pricing is only possible because the costs of producing the books (other than printing) are covered by sales in America. American students, however, may have interpreted Wiley's actions as more akin to price gouging. Either way, motivation was not the issue that motivated the Supreme Court's decision. For the Court, it came down to a question of law.

The reason you can resell your used books, even though they are copyrighted by the publisher, is something called the “first sale” doctrine. This doctrine says that once the first sale has been made legally under the copyright law, the next owners are free to sell those goods indefinitely, regardless of copyright claims. So, you cannot copy a copyrighted item and sell it. That is not legal under copyright law. But, if the copyright holder sells you a book, you can resell your legally purchased copy. The publisher cannot place a notice in the book saying the purchaser may not resell his copy. Once he has purchased it, he may do as he pleases.

And yet, the contrary is exactly what Wiley printed in their books. At least, their notice limited where the used copies could be sold, in contradiction to the “first sale” doctrine that says purchasers may do as they please with the books they buy. Wiley's noticed stated, “This book is authorized for sale in Europe, Asia, Africa, and the Middle East only and may be not exported out of these territories.” However, Kirtsaeng did precisely what this warning claimed to prohibit. He exported the books out of those territories and resold them in America.

Wiley won its suit, both in the trial and in its appeal to the second highest court in the land. Kirtsaeng, who reportedly made around $100,000 selling the books, was assessed damages of $600,000. He appealed to the Supreme Court.

The case turned on something of a legal technicality in the wording of the statute. At least that's what the decision says. Sometimes, I think, courts first figure out what they think is right, and then fit the law to reach the “right” verdict. The key factor in this case was whether the word “under” in the statute implied a geographical or non-geographical meaning. Non-legal minds might think this legalistic nitpicking, but all of those booksellers and librarians, and Mr. Kirtsaeng, who just saved $600,000, are breathing a sigh of relief. Here's how the ruling went down.

As noted, the “first sale” doctrine allows a buyer to resell his books and other merchandise legally purchased as he sees fit. However, that doctrine applies only to goods “lawfully made under this title” (U.S. copyright law). Wiley argued a geographical meaning to the terminology “under this title.” Books published under U.S. copyright law, the publisher argued, are books published in America. Books published in Thailand are not published “under” American copyright law, they said. American law has a geographical limitation. It applies to America. Therefore, they concluded, the “first sale” doctrine of American law does not apply to books printed somewhere else.

This argument led to all kinds of conniptions from booksellers, librarians, and resellers of other affected products, such as records and high-tech gadgets. Did this mean they would have to track down the manufacturer of everything produced overseas and ask for permission to sell their used copy? The American Library Association asked whether their members would need to seek publisher permission to loan the estimated 200 million foreign published books in their possession. Powell's stated that used book dealers have assumed for centuries the “first sale” doctrine applied to the books they sold. The bookseller argued, “Used-book dealers tell us that, from the time when Benjamin Franklin and Thomas Jefferson built commercial and personal libraries of foreign books, American readers have bought used books published and printed abroad.” Were Franklin and Jefferson involved illegal trade?

Rare Book Monthly

  • <b>Bonhams Fine Books and Manuscripts, 8 June 2016, New York</b>
    <b>Bonhams June 8:</b> Lot 1. ARISTOTLE. 384-322 B.C.E. De animalibus [De historia animalium. De partibus animalium. De generatione animalium.] US$ 300,000-500,000.
    <b>Bonhams June 8:</b> Lot 44. ARIOSTO, LUDOVICO. 1474-1533. Orlando Furioso in English Heroical Verse, by John Haringto[n]. [London: Richard Field, 1591.] US$ 70,000-90,000.
    <b>Bonhams June 8:</b> Lot 183. HARRISON, William Henry. Document Signed AS PRESIDENT ("W.H. Harrison"). US$ 40,000-60,000.
    <b>Bonhams June 8:</b> Lot 116. <br>ALI, MUHAMMAD. B.1942. U.S. Passport Signed ("Muhammad Ali") Twice, [Dublin, July 19, 1972].<br>US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 52. Bible In English. [Mearne, Samuel, binder.] The Holy Bible containing the bookes of the Old & New Testament. US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 130. EARHART, Amelia. 1897-1937. Archive of material on the purchase and outfitting of Earhart's Lockheed Electra 10e. US$ 15,000-20,000.
    <b>Bonhams June 8:</b> Lot 85. BURTON, Virginia Lee. 1909-1968. The Little House. Boston: Houghton Mifflin, 1942. US$ 15,000-20,000.
    <b>Bonhams London June 15.</b> Lot 68. CAMERON (Julia Margaret) Kate Keown [No. 5 Of Series of Twelve Lifesized Heads], [1866]. <br>£30,000-50,000.
    <b>Bonhams London June 15.</b> Lot 98. Karl Marx. Das Kapital. Kritik der politischen Oekonomie... Erster Band, FIRST EDITION, 1867.<br>£80,000-120,000.
    <b>Bonhams London June 15.</b> Lot 111. Isaac Newton Autograph manuscript, in English, headed "The Question stated about abstaining from blood". £50,000-70,000.
    <b>Bonhams London June 15.</b> Lot 112. Nobel Prize for discovering isotopes in stable elements, awarded to F.W. Aston in 1922. £200,000-400,000.
    <b>Bonhams London June 15.</b> Lot 140. Kay Nielsen (Prince Bismarck discovering the soldier), 1913. £15,000-20,000.
  • <b>Sotheby's NY May 25.</b> Thomas Lynch, Jr., Signer of the Declaration from South Carolina: Document signed in full ("Thomas Lynch Junr").
    <b>Sotheby's NY May 25.</b> Thomas Jefferson, letter signed as Secretary of State. ("TH: JEFFERSON").
    <b>Sotheby's NY May 25.</b> Thomas Jefferson, the first U.S. Naturalization Act, signed as Secretary of State.
    <b>Sotheby's NY May 25.</b> Miniature edition of the Emancipation Proclamation printed for distribution to Union troops.
    <b>Sotheby's NY May 25.</b> General George Meade’s statement on the victory at Gettysburg, printed on the battlefield. July 4, 1863.
    <b>Sotheby's NY May 25.</b> Abraham Lincoln, letter signed, seeking the counsel of Navy Secretary Welles on the appropriate response to the Fort Pillow Massacre.
  • <b>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."
  • <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.

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