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>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.
  • 20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Full scale vintage <i>Sputnik-1</i> EMC/EMI Lab Model, with live transmitter. US$ 10,000-15,000
    <b>Bonhams Jul 20: </b> Flown SOYUZ-3 space navigation indicator with unflown on-ground transformer. <br>US$ 30,000-40,000
    <b>Bonhams Jul 20: </b> Flown on SOYUZ 9<br>An exhaustive manuscript on life in space. [Trans: On-Board Flight Journal for Spacecraft Soyuz-9, 1970]. US$ 6,000-9,000
    <b>Bonhams Jul 20: </b> SOYUZ 18? Flown Navigation Celestial Globe. Soyuz 18 lasted from May 24-July 26, 1975. US$ 30,000-40,000
    20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Flown Space Suit from ISS Expidition 6. Worn by Flight Engineer Don Pettit on his dramitic return to earth. US$ 25,000-35,000
    <b>Bonhams Jul 20: </b> Original Gemini 133P Trainer Assembly Five Part Electrical System & Attitude Maneuver ... US$ 60,000-90,000
    <b>Bonhams Jul 20: </b> Lunar Rover Development. Collection of 11 vintage gelatin silver prints and 4 vintage NASA lithographs. <br>US$ 2,000-3,000.
    <b>Bonhams Jul 20: </b> Lunar Orbiter I. The first image of the earth as seen from the moon. Gelatin silver print. August 23, 1966. US$ 2,500-3,500
    20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Michael Collins' Flown Crew-Signed Apollo 11 Emblem. One of the very few Armstrong signed mission artifacts. US$ 50,000-70,000
    <b>Bonhams Jul 20: </b> Flown Apollo 11 Navigational Chart. Taken to Lunar surface mapping the start of the <br>first manned lunar descent. <br>US$ 25,000-35,000
    <b>Bonhams Jul 20: </b> FFlown Apollo 11 Flight Plan Sheetmission Day One. Some of the first words and data values written by Neil Armstrong. US$ 18,000-25,000
    <b>Bonhams Jul 20: </b> Apollo 12 - Alan Bean in the Ocean of Storms. Signed and inscribed by Bean. <br>US$ 2,000-3,000
  • <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>Swann Auction Galleries Aug 3: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 3:</b><br>Henri de Toulouse-Lautrec,<br><i>The Chap Book</i>, 1896.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Henri de Toulouse-Lautrec,<br><i>Troupe de Mlle Églantine</i>, 1896.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Philippe Henri Noyer, <br><i>Limonade Brault</i>, 1938. <br>$4,000 to $6,000.
    <b>Swann Auction Galleries Aug 3:</b> <br><i>The Great Men of the World</i>,<br>designer unknown, circa 1945-46. <br>$7,000 to $10,000.
    <b>Swann Auction Galleries Aug 3: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 3:</b><br>James Montgomery Flagg,<br><i>Wake Up, America!</i>, 1917.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Alfred F. Burke, <i>Share / Jewish <br>Relief Campaign</i>, circa 1915.<br>$3,000 to $4,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Ludwig Hohlwein, <i>Marke Pkz / <br>Burger - Kehl & Co.</i>, circa 1911. <br>$8,000 to $12,000.
    <b>Swann Auction Galleries Aug 3:</b> <br>Gian Emilio Malerba,<i> E.A. Mele / Modo e Novita per Signora</i>, circa 1900. $7,000 to $10,000.

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