Rare Book Monthly

Articles - June - 2013 Issue

Copyright Law May Be Up for “Comprehensive Review”

Regpallante

Register Pallante.

Google tried to get around this issue with a common sense solution. It decided it would electronically publish “orphan books,” or at least a part of them. Anyone who owned the copyright could either demand royalties or that Google remove the book from its database. Google would sell access to the “orphan books,” but if no copyright holder spoke up, 63% of the revenue would go to a publishers' organization, to be held in trust for such copyright holders if they ever appeared, or otherwise to be applied toward worthy causes. Here is where Google has been losing. So far, the courts have said sorry, common sense be damned, you need to get their permission first. Good luck.

Chairman Goodlotte in his statement acknowledged this issue: “Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate.” Register Pallante did as well when she said, “And in compelling circumstances, you may wish to reverse the general principle of copyright law that copyright owners should grant prior approval for the reproduction and dissemination of their works — for example, by requiring copyright owners to object or 'opt out' in order to prevent certain uses, whether paid or unpaid, by educational institutions or libraries.” She also suggested a minor reduction in the time of copyrights for “orphan works:” “You may want to consider alleviating some of the pressure and gridlock brought about by the long copyright term — for example, by reverting works to the public domain after a period of life plus fifty years unless heirs or successors register their interests with the Copyright Office.”

We certainly wouldn't minimize the importance of copyrights to protecting authors – living ones and their children for a generation – they deserve to reap the fruits of the labor. Without protections, they may stop writing. Whether they need protection for 70 years after they die to encourage them to write is questionable, but some substantial period of protection is desirable. We have seen what can go wrong for those who create – the massive digital copying of music a few years ago, and some copying of movies as well. This could happen to books. However, this is not a question of providing legal protection. Most of that stolen music was protected by copyrights. The question there was how to enforce those copyrights, and that is certainly a bedeviling question in the digital/internet age. Still, that is a different question from what very old material should still be subject to copyright, and how permission must be sought for “orphan” material with very old copyrights.

The other issue Ms. Pallante cited that we will briefly mention is that of the “first sale” doctrine. This provides that once a book has been legally sold, the buyer (and any subsequent owners) can do with it as they please. The author's copyright does not prohibit that person from selling or giving away their legally owned copy. In a recent case, a student from Thailand attending college in America imported Thai editions of textbooks also published in America and sold them to other students. The Thai editions, though essentially the same, were much cheaper in Thailand. The publisher printed in the books that they could not be sold in America. The publisher sued the Thai student. He responded that he legally bought the books in Thailand, and consequently the “first sale” doctrine protected his right to resell them in America. The U.S. Supreme Court ruled in favor of the student. However, it also implied that Congress could pass legislation prohibiting the importation of such books into America, achieving essentially the same effect. Since the “first sale” doctrine has regularly been applied broadly, we are concerned that any reconsideration of this rule would more likely be designed to reduce the public's access to books, rather than expand it.

Rare Book Monthly

  • <b>Bonhams, inviting consignments for Sep 27:</b> Newton. <i>Philosophiae naturalis principia mathematica</i>. London, 1687.
    <b>Bonhams, inviting consignments for Sep 27:</b> Josephus. <i>De antiquitate Judaica.</i> Lubeck, 1475-76.
    <b>Bonhams, inviting consignments for Sep 27:</b> Carlerius. <i>Sporta fragmentorum, Sportula fragmentorum</i>. Brussels, 1478-79.
    <b>Bonhams, inviting consignments for Sep 27:</b> Fridolin. <i>Der Schatzbehalter</i>. Nuremberg, 1491.
    <b>Bonhams, inviting consignments for Sep 27:</b> Pinder. <i>Der beschlossen gart des rosenkrantz marie</i>. Nuremberg, 1505.
    <b>Bonhams, inviting consignments for Sep 27:</b> Isidorus Hispalensis. <i>Synonyma de Homine</i>. Nuremberg, 1470-71.
    <b>Bonhams, inviting consignments for Sep 27:</b> Durer. Sammelband including <i>Underweysung der messing</i>. Nuremberg, 1525-29.
  • <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> John Muir. <i>My First Summer in the Sierra</i>, Boston, 1911.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Ernest Hemingway. <i>For Whom the Bell Tolls</i>, New York, 1940. First edition later printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Upton Sinclair. <i>The Jungle</i>, New York, 1906. First edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> George Orwell. <i>Nineteen Eighty-Four</i>, 1949. First American edition.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Harper Lee. <i>To Kill a Mocking Bird</i>, 1960. Early printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Richard Wright. <i>Native Son</i>, New York, 1940. First edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Dryden, Congreve, and others. <i>Ovid’s Art of Love</i>, London, 1764. English translation of Ovid’s work.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> S. E. Hinton. <i>The Outsiders</i>, New York, 1967. First edition.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> J. D. Salinger. <i>The Catcher in the Rye</i>, Boston, 1951. Book club edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Ayn Rand. <i>Atlas Shrugged</i>, New York, 1957. Early printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> J. D. Salinger. <i>Raise High The Roof Beam, Carpenters</i> and <i>Seymour: An Introduction</i>, Boston, 1963. First [book] edition, third state.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Tennessee Williams. <i>Sweet Bird of Youth</i>, 1959. First edition.
  • <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
  • <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Exodus 10:10 to 16:15. Complete Biblical scroll sheet in Hebrew, a Torah scroll panel. Middle East, ca. 10th or 11th century.
    <b>19th Century Shop:</b> Copernicus Refuted. (Astronomy.). Scientific manuscript of a course of studies at Collège de la Trinité, Lyon. 1660s.
    <b>19th Century Shop:</b> Israel’s War of Independence and the Early Days of the IDF. 58 photographs presented to Israel Ber, IDF officer and later convicted spy.
    <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Early Unpublished Darwin letter on the races of man. Autograph Letter Signed [to Henry Denny]. Down, Kent, June 1, [1844].
    <b>19th Century Shop:</b> Classic Image of American Slavery. Kimball, M. H. <i>Emancipated Slaves</i>. New York: George Hanks, 1863.
    <b>19th Century Shop:</b> (Underground Railroad.) Scaggs, Isaac. Important Runaway Slave Poster: $500 Reward Ran away, or decoyed from the subscriber…
  • <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> <i>Keep Calm and Carry On</i>, designer unknown, 1939. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Théophile-Alexandre Steinlen, <i>Le Journal / La Traite des Blanches</i>, 1899. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> <i>"Let Us Go Forward Together,"</i> designer unknown, 1940. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> Henri de Toulouse-Lautrec, <i>Babylone d'Allemagne</i>, 1894. $20,000 to $30,000.
    <b>Swann Auction Galleries Aug 2:</b> Frank Beatty, <i>Out of the Running</i>, 1929. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 2:</b> James Montgomery Flagg, <i>Wake Up America Day</i>, 1917. $4,000 to $6,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> <i>Danté / Sim • Sala • Bim!</i>, designer unknown. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Alphonse Mucha, <i>[Zodiac]</i>, 1900. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Rick Griffin, <i>Jimi Hendrix Experience / John Mayall</i>, 1968. $8,000 to $12,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> Abram Games, <i>Join the ATS</i>, 1941. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> Aldo Mazza, <i>Torino / Esposizione Internazionale</i>, 1911. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> Robert Motherwell, <i>Julliard School / Dedication - Lincoln Center</i>, 1969. $3,000 to $4,000

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