• <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Broadside proclaiming the end of the Revolutionary War, NH, 1783. $20,000 to $30,000. 
    <b>Swann Auction Galleries Sep 28:</b> Manuscript medical journal kept by physicians aboard Continental Navy vessels, 1777-88. $20,000 to $30,000.
    <b>Swann Auction Galleries Sep 28:</b> Manuscript notes on sermons heard at Boston's First Church & Old South Church, 1684-1703. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Missionary archive of Samuel W. and Gideon H. Pond, MN, 1833-93. $30,000 to $40,000. 
    <b>Swann Auction Galleries Sep 28:</b> Captain's journal of a mutinous whaling journey, South Pacific, 1839-46. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 28:</b> <i>McClees' Gallery of Photographic Portraits ... of the Thirty-Fifth Congress</i>,Washington, 1859. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Juan de Ugarte, manuscript report on first 16 months of California missions, Mexico, 1699. $12,000 to $18,000
    <b>Swann Auction Galleries Sep 28:</b> Cyanotype albums depicting the construction of the Williamsburg Bridge, New York City, 1897-1903. $4,000 to $6,000.
    <b>Swann Auction Galleries Sep 28:</b> Unrecorded broadside from occupied New York, 1778. $3,000 to $4,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> <i>The Honolulu Merchants' Looking-Glass</i>, first edition, San Francisco, 1862. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 28:</b> Honorius Philoponus, <i>Nova Typis Transacta Navigatio</i>, first edition, Linz, 1621. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 28:</b> The Book of Mormon, first edition, Palmyra, NY, 1830. $10,000 to $15,000.
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Cook (Captain James).- Webber (John) and Marie Catherina Prestel. Four views in the South Seas [bound with] <i>Atlas to accompany Captain James Cook's account of his voyages...</i> £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Knight (Joseph). <i>On the cultivation of the plants belonging to the natural order of Proteeae</i>, 1809. £2,000 to £3,000
    <b>Forum Auctions, Sep. 27:</b> India & China.- Sonnerat (Pierre). <i>Voyage aux Indes Orientales et a la Chine, fait par ordre du roi, depuis 1774 jusqu'en 1781</i>. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Mongolia.- Pallas (Peter Simon). <i>Sammlungen Historischer Nachrichten uber die Mongolischen Volkerschaften.</i> £15,000 to £20,000 
    <b>Forum Auctions, Sep. 27:</b> America.- Warre (Henry). <i>Sketches in North America</i>, 1848. £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Atlases.- <i>English Pilot (The). The Fourth Book. Describing The West-Indian Navigation, from Hudson's Bay to the River Amazones...</i> £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Greece.- Lear (Edward). <i>Views of the Seven Ionian Isles</i>, signed presentation copy from the author to Evelyn Baring, 1863. £3,000 to £4,000
    <b>Forum Auctions, Sep. 27:</b> Lear (Edward).- [Gray (John Edward)]. <i>Gleanings from the Menagerie and Aviary at Knowsley Hall</i>, 1846. £7,000 to £10,000
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Historiae Coelestis</i>, first edition,1712. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Atlas Coelestis</i>, 1781. £10,000 to £15,000
    <b>Forum Auctions, Sep. 27:</b> Conjuring Posters.- The Steens, American Mystifiers: Originators of Silent Transmission. broadside poster, [probably 1890-1900]. £300 to £500
    <b>Forum Auctions, Sep. 27:</b> Tyndale's Bible.- Bible, English. The newe Testament, Richard Jugge, 1552; sold not subject to return. £10,000 to £15,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Cook (Captain James).- Webber (John) and Marie Catherina Prestel. Four views in the South Seas [bound with] <i>Atlas to accompany Captain James Cook's account of his voyages to the Pacific Ocean in the years 1776-1780.</i>
    <b>Forum Auctions, Sep. 27:</b> Knight (Joseph). <i>On the cultivation of the plants belonging to the natural order of Proteeae</i>, 1809. £2,000 to £3,000
    <b>Forum Auctions, Sep. 27:</b> India & China.- Sonnerat (Pierre). <i>Voyage aux Indes Orientales et a la Chine, fait par ordre du roi, depuis 1774 jusqu'en 1781</i>. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Mongolia.- Pallas (Peter Simon). <i>Sammlungen Historischer Nachrichten uber die Mongolischen Volkerschaften.</i> £15,000 to £20,000 
    <b>Forum Auctions, Sep. 27:</b> America.- Warre (Henry). <i>Sketches in North America</i>, 1848. £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Atlases.- <i>English Pilot (The). The Fourth Book. Describing The West-Indian Navigation, from Hudson's Bay to the River Amazones...</i> £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Greece.- Lear (Edward). <i>Views of the Seven Ionian Isles</i>, signed presentation copy from the author to Evelyn Baring, 1863. £3,000 to £4,000
    <b>Forum Auctions, Sep. 27:</b> Lear (Edward).- [Gray (John Edward)]. <i>Gleanings from the Menagerie and Aviary at Knowsley Hall</i>, 1846. £7,000 to £10,000
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Historiae Coelestis</i>, first edition,1712. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Atlas Coelestis</i>, 1781. £10,000 to £15,000
    <b>Forum Auctions, Sep. 27:</b> Conjuring Posters.- The Steens, American Mystifiers: Originators of Silent Transmission. broadside poster, [probably 1890-1900]. £300 to £500
    <b>Forum Auctions, Sep. 27:</b> Tyndale's Bible.- Bible, English. The newe Testament, Richard Jugge, 1552; sold not subject to return. £10,000 to £15,000
  • <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…

Rare Book Monthly

Articles - August - 2013 Issue

Google Wins a Small Victory in Long-Running Google Books Case

Gbjuly2013

A small victory for Google in a long-running case.

Google won a small victory in its eight-year-old Google Books litigation, a lawsuit where the major battles have gone against them. Google has been scanning old books to make their texts available online, reportedly up to 20 million now. Many are very old and clearly in the public domain, but others may or may not be under copyright, and for those that are, locating the copyright holders can be extremely difficult, if not impossible.

When Google began making portions of the texts of these books available, they were sued by the Authors Guild. The Guild demanded permission first be obtained from the copyright holders, even if finding them was virtually impossible. The two sides negotiated for a long time, and eventually reached a settlement. Google would publish only a small “snippet” of the text. If you wanted the rest, you had to buy it. The copyright holders would receive 63% of the payments, Google the other 37%. Authors could opt out or claim their share, and if they did neither, the money would be held in trust for them for a period of time, and then given to charity.

It sounded like a good deal, but many others objected. Some authors did not support the settlement, several of Google's competitors complained, and the heaviest hitter, the U.S. Department of Justice, also objected. Their complaint was that the law requires you must first obtain the copyright holders' permission, and the impossibility of doing so is no excuse. The law is the law. The trial judge, Denny Chin, agreed. Permission of the copyright holder is required, and the Authors Guild, he ruled, has no right to agree to a settlement on behalf of all of the copyright holders who are not members of their organization.

With that, it was back to square one. The Authors Guild reinstituted their suit against Google. This time, they also filed to represent a class action suit for damages on behalf of all of the copyright holders. The first step to such an action is to get the court to recognize the class. Judge Chin recognized them. He noted that requiring each copyright holder to sue individually would be far more costly, and risked having conflicting outcomes from the same set of circumstances.

Google appealed. It cited two major objections. Reminiscent of the claim that prevented the Authors Guild from settling on behalf of the copyright holders, Google said that the Guild could not represent the class of copyright holders as “many members of the class, perhaps even a majority,” approve of Google Books. After all, it does provide a potential source of income from old books, long out of print, unlikely otherwise to ever raise another dime for their authors. Google's second objection was on the “fair use” doctrine. This is a rule which allows you to use a limited amount of copyrighted material. For example, a book reviewer can't reprint or post online an entire copyrighted book, but he can post a few quotes from it. That is what Google believes it is doing in posting a couple of lines, a “snippet,” from the book in response to searches. That, they say, is traditional “fair use.”

On appeal, the Second Circuit Court did not rule on the first claim, whether the Auction Guild can fairly represent a class action. They did hint that they consider this a serious objection if it ever becomes necessary to decide on these grounds. They described the objections as “an argument which, in our view, may carry some force.” However, they overturned Judge Chin's ruling, at least for the moment, until the “fair use” argument can be decided.

What the Second Circuit concluded was that if it is determined that Google's posting of “snippets” constitutes “fair use,” there is no case for a class action suit for damages. If Google violated no laws, they cannot be sued for damages. So, rather then start an entire class action proceeding before knowing whether a wrong was committed, the appeals court sent the case back to Judge Chin to first decide whether Google had violated any rules, or whether displaying “snippets” from the books was legal “fair use.”

So now Judge Chin must decide whether this is “fair use.” If he finds that it is, this case is over. If he finds it is not, Google will undoubtedly appeal again. Then the appeals court can either overturn Judge Chin again, because it decides that this is “fair use,” or because it finds that the Authors Guild cannot represent a class which includes parties that approve of Google Books, or it can affirm Judge Chin's decision.

It must be noted that while this decision may lead to an end of this class action suit for damages, it will not address the bigger issue – what happens after a viewer sees the “snippet.” Under the earlier, disapproved settlement, the viewer could have purchased access to the rest of the book from Google. Without that settlement, or some other solution, the viewer will not be able to buy access to the rest of the book unless that particular copyright holder has granted Google permission. For all of those “orphan books,” ones whose copyright holders cannot be found, the viewer will not be able to look beyond the “snippet.” If they really want it, they will have to find an old copy for sale or find a library that holds it. They won't be able to click a button and begin reading the rest online.

Rare Book Monthly

  • <b>Announcing a new Books for Sale platform hosted by Biblio</b>
    <b>List your books simultaneously on Rare Book Hub and Biblio</b>
  • <b>Sotheby’s: The Library of John & Suzanne Bonham. 26 September in London. Viewing 22-25 September</b>
    Sotheby’s London, Sep. 26:</b> Churchill, Winston S. Two Typed Letters Signed, regarding the British North Greenland Expedition (1952-54). £3,000 to £4,000
    Sotheby’s London, Sep. 26:</b> Bernatz, Johann Martin. <i> Scenes in Ethiopia</i>. London: F.G. Moon, 1852. First edition. £6,000 to £8,000
    Sotheby’s London, Sep. 26:</b> Captain Lawrence Edward Grace Oates. Collection comprising (among other things): documents and pamphlets. £1,500 to £1,800
    <b>Sotheby’s: The Library of John & Suzanne Bonham. 26 September in London. Viewing 22-25 September</b>
    Sotheby’s London, Sep. 26:</b> Darwin, Charles, and Philip Parker King, and Robert FitzRoy. <i> Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle Between the Years 1826 and 1836…</i> £15,000 to £20,000
    Sotheby’s London, Sep. 26:</b> Spratt, Thomas A.B., and Edward Forbes. <i>Travels in Lycia, Milyas, and the Cibyratis</i>. London: John Van Voorst, 1847. £800 to £1,200
    Sotheby’s London, Sep. 26:</b> Richardson, John. <i>Arctic Searching Expedition: A Journal of a Boat-Voyage Through Rupert's Land and the Arctic Sea, In Search of Sir John Franklin</i>. £6,000 to £8,000
  • <b>Consignments now invited<br>History of Science & Technology<br>December 12th, 2017</b>
    NEWTON, ISAAC. <i>Opticks</i>. London, 1704. Presentation copy to Edmund Halley. Sold for $1,330,000
    Apple Computer Contract & Dissolution of Contract, signed by Jobs, Wozniak, & Wayne. Sold for $1,594,500
    DARWIN, CHARLES. Autograph Manuscript page from the manuscript of <i>On the Origin of Species</i>. Sold for $250,000
  • <b>Bonhams, Sep. 26:</b> Cook in Tahiti. [Playbill]. [Germany, c.1840.] $3,000 - $5,000
    <b>Bonhams, Sep. 26:</b> Roberts' Sketches in Egypt and Nubia. London, 1846-9. $20,000 - $30,000
    <b>Bonhams, Sep. 26:</b> Breydenbach. Peregrinatio in terram sanctam. Mainz, 1486. $100,000 - $150,000
    <b>Bonhams, Sep. 26:</b> Dürer. Underweysung der messung [and two more]. Nuremberg, 1525-8. $150,000 - $200,000
    <b>Bonhams, Sep. 26:</b> Whitman. Autograph Manuscript [in] The Complete Writings. One of 32 sets. $8,000 - $12,000
    <b>Bonhams, Sep. 26:</b> Columbus. De Insulis nuper in mari Indico repertis. Basel, 1494. $700,000 - $1,000,000
    <b>Bonhams, Sep. 26:</b> The Dr. Hendon M. Harris Jr. Korean Atlas Collection. [Korea; c.1700 to c.1890.] $35,000 - $50,000
    <b>Bonhams, Sep. 26:</b> Aa, Pieter van der. Naaukeurige versameling der gedenk-waardigste zee en land-reysen. Leyden, 1706-8. $8000 - $12,000
    <b>Bonhams, Sep. 27:</b> Russian Kholod 5D67 HFL Rocket Engine. $25,000 - $40,000
    <b>Bonhams, Sep. 27:</b> Neil Armstrong Apollo Era Training Glove. $8,000 - $12,000
    <b>Bonhams, Sep. 27:</b> Large Lunar Near Side Chart, Signed by 20th Century Surface Explorers. $20,000 - $25,000
    <b>Bonhams, Sep. 27:</b> Annotated Photo Album Detailing Alexander Graham Bell's Experiments with Tetrahedral Kites. $50,000 - $80,000

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