• <b>Swann Auction Galleries:</b> Announcing the Fall 2016 Auction Season
    <b>Swann Auction Galleries Nov 1:</b> Autographs
    <b>Swann Auction Galleries Oct 18:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries Nov 10:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries Dec 8:</b> Maps & Atlases, Natural History & Colored Plate Books
    <b>Swann Auction Galleries Nov 17:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries Dec 1:</b> Art, Press & Illustrated Books
    <b>Swann Auction Galleries Sep 29:</b> Illustration Art
    <b>Swann Auction Galleries Nov 3:</b> Old Master Through Modern Prints
  • <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.
  • <b>19th Century Shop.</b> (DEMOCRATIC CONVENTION, Chicago, 1968). <i>Collection of papers of John M. Bailey, Chairman of the Democratic National Committee, concerning the convention</i>. Various places, 1968.
    <b>19th Century Shop.</b> (ARMSTRONG, NEIL.) VERNE, JULES. <i>A Trip to the Moon.</i> New York: F. M. Lupton, September 9, 1893. Signed by Neil Armstrong, first man to walk on the moon.
    <b>19th Century Shop.</b> KEY, FRANCIS SCOTT. <i>A Celebrated Patriotic Song, the Star Spangled Banner.</i> 1814.
    <b>19th Century Shop.</b> [COLUMBUS, CHRISTOPHER, Amerigo Vespucci ..] Bernardus Albingaunensis .. Dialogo nuperrime edito Genue in 1512.
    <b>19th Century Shop.</b> (WATKINS, TABER &c.). <i>An album of 32 photographs of the Yosemite and American West Various places</i>, c. 1890s
    <b>19th Century Shop.</b> (BATTLE OF CONCORD.) <i>Powder horn used by Minuteman Oliver Buttrick at the Battle of Concord</i>, April 19, 1775.
    <b>19th Century Shop.</b> (CIVIL WAR.) <i>An Extraordinary Confederate Photograph and Autograph Album of Dr. R. L. C. White</i>, 125 original mounted salt prints. 1859-61.

Rare Book Monthly

Articles - April - 2013 Issue

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

Kirtsaengv

The Court's decision.

The Court was undoubtedly distressed by the possibilities here, but returned to their dispassionate legal reasoning. The alternative to the geographical reading of “under” is to substitute “in accordance with” as a synonym for “under.” By this interpretation, books produced in accordance with the terms of American copyright law, even if produced outside of American jurisdiction, were still published “under” the law. As such, they are still subject to the “first sale” doctrine. Since Mr. Kirtsaeng's friends purchased the books in accordance with the U.S. copyright law (that is, they were legally purchased from the copyright holder), the “first sale” doctrine still applies. He can legally resell these books in America, and Wiley's protestations to the contrary printed inside the book carry no weight. It is no different than if the books were printed in America or if he had purchased the books in America. Once the first sale (to him) was made, he was free to do with his books as he pleased. It is this second view that prevailed in the Supreme Court. Game, set and match to Mr. Kirtsaeng and the booksellers.

It should be noted that while this decision preserves the first sale rights of all of those foreign published books currently in America, and those being brought to America now, Congress retains the right to change the rules in the future. Two of the judges who participated in the decision, one liberal and one conservative, added a concurring opinion in which they stated that they believed Congress had intended to allow for “segmented” markets (differing price structures in different countries). However, they felt obligated to rule as they did because they thought it worse to mess around with the “first sale” doctrine, thereby leaving booksellers, libraries, and the like trying to figure out what they could legally sell or lend. They opened the door to Congress, if it wants to allow for segmented markets, to restrict the importation of books published overseas. Put the onus on the importer, not the reseller. I, for one, would question such a limitation on First Amendment (free speech) grounds, but add those two judges to the three who dissented in this opinion, and you have the five needed to carry the day. I hope Congress lets this mangy sleeping dog lie.

Rare Book Monthly

  • <b>Bonhams: Fine Books and Manuscripts. Sept. 21, 2016</b>
    <b>Bonhams Sept. 21:</b> WARREN, JOSEPH. Letter Signed ("Jos Warren") as Chairman of the Committee of Safety. Cambridge, MA, June 4, 1775.
    <b>Bonhams Sept. 21:</b> WHITMAN, WALT. Leaves of Grass. Brooklyn, NY: [for the Author], 1855.
    <b>Bonhams Sept. 21:</b> JEFFERSON, THOMAS. Printed Broadside Signed ("Th: Jefferson") as Secretary of State. Philadelphia, February 12, 1793.
    <b>Bonhams Sept. 21:</b> CELLINI, BENVENUTO. 1500-1571. Autograph Letter Signed ("Beto. Cellini"). [Florence, c.1566].
    <b>Bonhams: Fine Books and Manuscripts. Sept. 21, 2016</b>
    <b>Bonhams Sept. 21:</b> NAPOLEON BONAPARTE. Autograph Manuscript. [c.1795].
    <b>Bonhams Sept. 21:</b> DICKENS, CHARLES. Great Expectations. London: Chapman and Hall, 1861.
    <b>Bonhams Sept. 21:</b> REED, JOHN. To the Honourable House of Representatives of the Freemen of Pennsylvania this Map of the City and Liberties of Phiadelphia With the Catalog of Purchasers is Humbly Dedicated.... [Philadelphia]: engraved by James Smit
    <b>Bonhams Sept. 21:</b> ELIOT, THOMAS STEARNS. The Waste Land. New York: Boni and Liveright, 1922.

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