• <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 202. Geronimo - Apache. £600-800
    <b>Bloomsbury Dec. 15: </b> Lot 225.<br>A Chief of the Desert - Navaho. £1000-1500
    <b>Bloomsbury Dec. 15: </b> Lot 267.<br>An Oasis in the Bad Lands. £600-800
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 303.<br>The Scout in Winter - Apsaroke. £800-1200
    <b>Bloomsbury Dec. 15: </b> Lot 320.<br>Sitting Bear - Arikara. £500-700
    <b>Bloomsbury Dec. 15: </b> Lot 475. <br>A Nakoaktok Chief's Daughter. <br>£600-800
  • <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> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <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, 1863. 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>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Laurie & Whittle, <i>The Complete East-India Pilot</i>, with 113 maps, London, 1797. $40,000 to $60,000.
    <b>Swann Auction Galleries Dec 8:</b> George W. Browning, 134 sketches of natural history & landscape subjects, American West, 1880s-90s.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries Dec 8:</b> Catesby & Ehret, <i>Magnolia Grandiflora</i>, from first edition <i>Natural History of Carolina</i>, London, 1731-43. $5,000 to $7,000.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Petrus Plancius, <i>The Spice Map</i>, hand-colored, London, 1598.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John Miller, <i>Illustratio Systematis Sexualis Linnaei</i>, London, 1770-77. $15,000 to $20,000.
    <b>Swann Auction Galleries Dec 8:</b> Thomas Shotter Boys, <i>Original Views of London As It Is</i>, de luxe issue, 26 hand-colored lithographs, London, 1842. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Frederick de Wit, <i>Belgi XVII Provinciarum Tabula</i>, true first state wall map, Amsterdam, ca 1670. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John James Audubon, <i>Passenger Pigeon, Plate LXII</i>, aquatint & engraving before color, London, 1829. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 8:</b> Joannes Clericus, <i>Atlas Atiquus, Sacer, Ecclesiasticus et Profanus</i>, Amsterdam, 1705. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Matthaus Seutter, <i>Atlas Novus sive Tabulae Geographicae totius Orbis</i>, Augsburg, ca 1735.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:</b> William Roscoe, <i>Monandrian Plants of the Order Scitamineae</i>, Liverpool, 1824-28. $20,000 to $30,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John James Audubon, <i>The Mocking Bird</i>, hand-colored aquatint & engraving, London, 1827.<br>$7,000 to $10,000.

Rare Book Monthly

Articles - June - 2013 Issue

Copyright Law May Be Up for “Comprehensive Review”

Chgoodlatte

Chairman Goodlatte.

A “comprehensive review” of U.S. copyright law was recently announced by House Judiciary Committee Chairman Bob Goodlatte (he really should be Chairman of Starbucks). U.S. copyright law has been stuck well back in the twentieth century for quite awhile. Current technology has left it as outdated as the antenna televisions, huge mainframe computers, dial telephones, 8-track tapes, and AMC Gremlins popular the last time the code was seriously overhauled. Even the more recent changes enacted 15 years ago date to the infancy of the internet. This will be a long and contentious process, but it is overdue and necessary. Nothing will be affected more by this process than books.

The Register of Copyrights, Maria Pallante, appeared before the committee earlier, and announced, “I think it is time for Congress to think about the next great copyright act...”, words the Chairman cited approvingly. Among her comments was that “authors do not have effective protections,” while “consumers and other private citizens are increasingly frustrated.”

Getting to specifics, Ms. Pallante told the congressmen, “Congress has requested a number of studies from the Copyright Office in recent years, on a variety of timely topics, including the first sale doctrine, orphan works, library exceptions, statutory licensing reform, federalization of pre-72 sound recordings, and mass digitization of books.” We will take a look at a couple of those issues as they have led to major lawsuits involving books in recent days – orphan works/mass digitization of books, and the first sale doctrine.

The mass digitization of books, and so-called “orphan books” in particular, is a real can of worms. It led to the Google Books lawsuit, which has dragged on for years, and now has as many parties as a small city. The decisions have, for the most part, gone against Google, though much remains to be resolved.

It used to be if you were doing research, or simply wanted to read an old book, you would go to the library. A large library would likely have a copy. However, with countless more new books being published every year, libraries facing budget problems, and the advent of a far more practical means of preserving old and seldom used works – digital copies – it's not so easy to find your book at a library.

As long as there was a physical copy of the book you wanted on the shelf, there were no copyright issues. The book was legally purchased years ago, and as such, could be legally accessed forever without permission of the copyright holder. Electronic books, however, must be copied. Therefore, they run into copyright restrictions. As long as the library handed you the physical copy, everything was fine, but if the library scans their legally purchased copy and lets you read it online, that is a copyright violation. The copyright law, which allows for permanent access to a library's physical “books,” does not function in the digital age. Electronic books allow for much greater access to obscure old books, and even from the convenience of your own home, rather than searching many libraries. Unfortunately, while making access much more practical, it also makes accessing the books illegal. Technological advances have the unintended consequence of making it harder to find the text of old books as libraries dispose of physical copies.

Congress, which heeds the call of special interests, not public interest, has made the problem greater in recent years by extending the length of copyrights. Most recently, in 2003, another 20 years was tacked on. That was done at the behest of the Disney Company, which contributes more to political campaigns than you do. The copyrights on early Mickey Mouse material were about to expire, so to protect Disney, Congress interfered with digital access to another twenty years worth of old books whose copyrights would have expired. Surely there is something ironic about a law, which is designed to protect what is known in the trade as “intellectual copy,” being expanded to protect Mickey Mouse.

So now, every book copyrighted after 1922 may be under copyright. In some cases it is not clear, depending on long ago renewals, but you are under risk if you digitize any book published after 1922. That covers a lot of important but obscure material, hard if not impossible to find in physical copies any more, and never to be published again. Google Books and possibly others wanted to make it available to you, but Congress said “no.” You didn't contribute enough to their campaigns. Thank you, Mickey.

Current law provides that a copyright (for works published after 1977) is for the life of the author plus 70 years. That's a long time. It used to be 28 years plus another 28 if you applied for an extension. Copyrights owned by corporations in most cases are good for 95 years. So we are generally talking about a century before electronic copies can be made of old books without permission of the author, which leads to the second issue, “orphan books.”

Copyright law provides you must get the copyright holder's permission to make an electronic copy of his/her work. If you want to make an electronic copy of Harry Potter, you can easily determine how to contact J.K. Rowling. How about if you want to make a copy of a book published in a single edition in 1925 by a long forgotten author? Let's say he died in 1928. Perhaps he willed all of his property to be divided equally among his ten children. Of course, his children, and perhaps even his grandchildren are all gone now too. Perhaps the rights now belong to 100 great-grandchildren. Where are they? How does one contact them? But, wait a minute. That assumes each was willed an equal share. Maybe some of the author's children favored one of their children over another, or died childless, sold their rights, or willed them to someone else. How can we possibly know now or track down all of these people? In other words, what it means is that it is impossible to obtain the copyright holders' permission to make an electronic copy, despite the fact that no one will be harmed by the electronic copy since this book has not earned a dime in royalties in almost a century and never will again. If this book is not in a library you can access, you cannot read it. An outdated copyright law denies the public access to a book while benefiting no one at all.

Rare Book Monthly

  • <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [ARTILLERY]. KITCHEN, D.C. <i>Record of the Wyoming Artillerists.</I> Tunkhannock, Pennsylvania: Alvin Day Printer, 1874. $2,000-4,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> UNITED STATES AND MEXICAN BOUNDARY COMMISSION. EMORY, William Hemsley. <i>Report of the United States and Mexican Boundary Survey, Made under the Direction of the Secretary of the Interior…</i><br>$3,000-6,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> RICHARDSON, William H. <i>Journal of William H. Richardson, a Private Soldier in the Campaign of New and Old Mexico…</i>. Baltimore: John H. Woods, 1848. $3,000-6,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> GARCÍA CONDE, Pedro. <i>Carta geografica general de la Republica Mexicana…</i> $30,000-60,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> EMORY, William Hemsley. <i>Map of Texas and the Countries Adjacent: Compiled in the Bureau of the Corps of Topographical Engineers; From the Best Authorities…</i> [Washington, 1844]. $7,500-15,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> THORPE, Thomas Bangs. <i>Our Army at Monterey. Being a Correct Account of the Proceedings and Events which Occurred to the “Army of Occupation”…</i> Philadelphia, 1847. $400-800
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> <i>The Rough and Ready Songster: Embellished with Twenty-Five Splendid Engravings, Illustrative of the American Victories in Mexico…</i> New York; St. Louis, Mo [ca. 1848].<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> CURRIER, Nathaniel (publisher). <i>The Brilliant Charge of Capt. May At the Battle of Resaca de la Palma (Palm Ravine) 9th of May…</i> $150-300 
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [RINGGOLD, SAMUEL]. WYNNE, James. <i>Memoir of Major Samuel Ringgold, United States Army: Read Before the Maryland Historical Society, April 1st, 1847.</i> Baltimore, 1847. $500-1,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [TAYLOR, ZACHARY]. <i>Life of General Taylor from the Best Authorities.</i> New York: Nafis and Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> TILDEN, Bryant Parrott, Jr. <i>Notes on the Upper Rio Grande, Explored in the Months of October and November, 1846, on Board the U.S. Steamer Major Brown…</i> Philadelphia, 1847.<br>$5,000-10,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [WORTH, WILLIAM J.]. <i>Life of General Worth; To Which is Added a Sketch of the Life of Brigadier-General Wool.</i> New York: Nafis & Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$200-400
  • <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Excessively Rare Benjamin Franklin Imprint. Estaugh (John). <i>A Call to the Unfaithful Professors of Truth</i>, Philadelphia: Printed by B. Franklin, 1744. €7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Original Signed Volume from the Dean Swift's Library. [Swift (Dr. Jonathan)] Grotius (Hugo). <i>De Jure Belli ac Pacis Libri Tres</i>, Amsterdam: (J. Blaeu) 1670. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Cresswell (Samuel Gurney). <i>A Series of Eight Sketches in Colour; together with a Coloured Map of the Route</i>, London: (Day & Son) July 25, 1854.<br>€15,000 – 20,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Of Legendary Rarity - First Printing of Shakespeare Outside England. Shakespeare (Wm.). <i>The Works of Shakespeare</i> In Eight Volumes. Dublin: 1726.<br>€7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Lewin (W.). <i>The Birds of Great Britain</i>, 8 vols in 4, with 335 hand-coloured plates, 1795 – 1801. €1,500 – 2,000
    <b>Fonsie Mealy Dec. 13:</b> 18th Century Manuscript Relating to Massachusetts Bay, c. 1750.<br>€350 – 500
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Alexander (Wm.). <i>Picturesque Representations of The Dress and Manners of the Chinese</i>, with 50 hand-coloured plates, 1814. €600 – 800
    <b>Fonsie Mealy Dec. 13:</b> Manuscript Estate Atlas - Neville (Arthur Richard). <i>The Estate of Sir John Coghill Bart</i>, 1791. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Unique Collection of Ballads by Brendan Behan Behan. €3,000 – 4,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Original Manuscript of Edith Somerville's Unpublished Children's Book. Somerville (Edith). <i>GROWLY-WOWLY. Or, The Story of the Three Little Pigs</i>. €3,500 – 5,000
    <b>Fonsie Mealy Dec. 13:</b> Full Set of Cuala Press Broadsides with fine hand-coloured illustrations by Jack B. Yeats, 1908 – 1915. €4,000 – 6,000
    <b>Fonsie Mealy Dec. 13:</b> Eyzinger (Michael). <i>Ad Leonis Belgici Topographicam atque Historicam Descriptionem</i>, [Cologne:] 1586. €3,000 – 4,000
  • <b>19th Century Shop.</b> CURTIS, EDWARD. <i>Original glass plate photograph, Honovi – Walpi Snake Priest, prepared by Curtis for the printing of The North American Indian</i>, c.1910
    <b>19th Century Shop.</b> (AMERICAN WEST.), Watkins, Taber, Savage, and others. <i>Magnificent Album of Mammoth Photographs of the American West, with other subjects various</i>, ca. 1865-1880s
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Darwin Family Photograph Album</i>. Down, Kent, 1871-1879
    <b>19th Century Shop.</b> (SECRET SERVICE). <i>The photographic archive, papers, and relics of William Kennoch, Secret Service Agent</i>. Various places, 1870s and 1880s
    <b>19th Century Shop.</b> (AMERICAN REVOLUTION). <i>Daguerreotype Portrait of Baltus Stone, the earliest photo of a Revolution veteran,</i> 1846
  • <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> EINSTEIN, ALBERT. <i>Die Grundlage der allgemeinen Relativitätstheorie.</i> Leipzig: Johann Ambrosius Barth, 1916.<br>$80,000 – 120,000
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. Autograph Manuscript in English, Signed Integrally ("Isaac Newton"). $50,000 – 70,000
    <b>Bonhams Dec. 7:</b> DARWIN, CHARLES. <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: John Murray, 1859. $25,000 – 35,000
    <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. <i>The Mathematical Principles of Natural Philosophy.</i> London: Benjamin Motte, 1729.<br>$20,000 – 30,000
    <b>Bonhams Dec. 7:</b> HEISENBERG, WERNER. Autograph Manuscript entitled "<i>Entwicklung der Theorie der Elementarteilche,</i>” [1964].<br>$15,000 – 25,000
    <b>Bonhams Dec. 7:</b> BERNOULLI, DANIEL. <i>Hydrodynamica, sive De viribus et motibus fluidorum commentarii.</i> Strasbourg: Johann Heinrich Decker for Johann Reinhold Dulsecker, 1738. $5,000 – 7,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> [TARKOVSKY, ANDREI ARSENIEVICH.] STRUGATSKY, BORIS AND ARKADY. Typed Manuscript for <i>Stalker</i>, being the director's working script, 1977. $150,000 – 200,000
    <b>Bonhams Dec. 7:</b> HEMINGWAY, ERNEST. Typed Manuscript of "Marlin Off the Morro: A Cuban Letter," n.p., [1933]. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> SALINGER, JEROME DAVID. 4 Autograph Letters, 2 of which Signed ("Jerry") and 6 Typed Letters, 2 of which Initialed ("J"). $30,000 – 50,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> PASTERNAK, BORIS LEONIDOVICH. Typed Manuscript Carbon, "Doktor Zhivago," with some typed corrections, Moscow, 1948. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> MILNE, ALAN ALEXANDER. Autograph Manuscript Signed 3 times ("A.A. Milne"), entitled "Peace with Honour: An Enquiry into the War Convention," 1934.<br>$30,000 – 50,000
    <b>Bonhams Dec. 7:</b> FROST, ROBERT. Autograph Manuscript Signed ("Robert Frost"), titled "Gold for Christmas," 1952. $15,000 – 20,000

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