• <b>Arader June 11:</b> Audubon Aquatint by Havell, Purple Heron Purple Heron or Reddish Egret, Plate 256. London: Havell, 1827-1838.<br>Est. $45,000-$60,000.
    <b>Arader June 11:</b> Audubon Aquatint by Havell, Wild Turkey, Male Wild Turkey, Male, Plate 1. London: Havell, 1827-38. Est. $80,000-$100,000.
    <b>Arader June 11:</b> Audubon Lithographs, Imperial Folio, Common Deer Common Deer, Plate 136. Philadelphia: J. T. Bowen, 1839-44. Est. $12,000-$15,000.
    <b>Arader June 11:</b> Charles H. Smith, Indian Elephant Watercolor Indian Elephant. Charles H. Smith (1760 - 1859). Est. $6,000-$8,000.
    <b>Arader June 11:</b> Spectacularly Rare Copper Engraving Solanum Pomiferum. Basil Besler (1561-1629). Est. $5,000-$8,000.
    <b>Arader June 11:</b> John Contable Drawing of River Stour Barges on the River Stour at Flatford, Suffolk John Constable (1776-1837).<br>Est. $45000-$65000.
    <b>Arader June 11:</b> Pine's The Tapestry Hangings of the House of Lords The Tapestry Hangings of the House of Lords. Est. $18000-$22000.
    <b>Arader June 11:</b> Exceptionally Fine and Attractive Copy of Bertram's Travels Travels. William Bartram (1729-1823). Est. $22000-$25000.
    <b>Arader June 11:</b> Mortier & Covens French edition of Mitchell A Map of the British and French Dominions in N America... Est. $15000-$25000.
    <b>Arader June 11:</b> Jefferson and Fry Map of Virgina, 1776 A Map of the Most Inhabited part of Virginia... <br>Est. $12000-$18000.
    <b>Arader June 11:</b> Floriano, Untitled World Map on a Double Hemisphere Polar Projection World Map. Antonio Floriano. Est. $75000-$100000.
    <b>Arader June 11:</b> Bierstadt Chromolithograph of Yosemite Domes of Yosemite. Albert Bierstadt (1830-1902). Est. $18000-$25000.
  • <b>Bonhams Fine Books and Manuscripts, 8 June 2016, New York</b>
    <b>Bonhams June 8:</b> Lot 1. ARISTOTLE. 384-322 B.C.E. De animalibus [De historia animalium. De partibus animalium. De generatione animalium.] US$ 300,000-500,000.
    <b>Bonhams June 8:</b> Lot 44. ARIOSTO, LUDOVICO. 1474-1533. Orlando Furioso in English Heroical Verse, by John Haringto[n]. [London: Richard Field, 1591.] US$ 70,000-90,000.
    <b>Bonhams June 8:</b> Lot 183. HARRISON, William Henry. Document Signed AS PRESIDENT ("W.H. Harrison"). US$ 40,000-60,000.
    <b>Bonhams June 8:</b> Lot 116. <br>ALI, MUHAMMAD. B.1942. U.S. Passport Signed ("Muhammad Ali") Twice, [Dublin, July 19, 1972].<br>US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 52. Bible In English. [Mearne, Samuel, binder.] The Holy Bible containing the bookes of the Old & New Testament. US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 130. EARHART, Amelia. 1897-1937. Archive of material on the purchase and outfitting of Earhart's Lockheed Electra 10e. US$ 15,000-20,000.
    <b>Bonhams June 8:</b> Lot 85. BURTON, Virginia Lee. 1909-1968. The Little House. Boston: Houghton Mifflin, 1942. US$ 15,000-20,000.
    <b>Bonhams London June 15.</b> Lot 68. CAMERON (Julia Margaret) Kate Keown [No. 5 Of Series of Twelve Lifesized Heads], [1866]. <br>£30,000-50,000.
    <b>Bonhams London June 15.</b> Lot 98. Karl Marx. Das Kapital. Kritik der politischen Oekonomie... Erster Band, FIRST EDITION, 1867.<br>£80,000-120,000.
    <b>Bonhams London June 15.</b> Lot 111. Isaac Newton Autograph manuscript, in English, headed "The Question stated about abstaining from blood". £50,000-70,000.
    <b>Bonhams London June 15.</b> Lot 112. Nobel Prize for discovering isotopes in stable elements, awarded to F.W. Aston in 1922. £200,000-400,000.
    <b>Bonhams London June 15.</b> Lot 140. Kay Nielsen (Prince Bismarck discovering the soldier), 1913. £15,000-20,000.
  • <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 5. The Confederate Blockade Runner <i>CSS Colonel Lamb at Sea</i>, 1864, by Samuel Walters. Est $60000-$80000.
    <b>Cowans June 10:</b> Lot 140. Brevet Brigadier General James H. Kidd, 6th Michigan Cavalry, Exceptional Collection. Est Est $80000-$100000.
    <b>Cowans June 10:</b> Lot 141. Elizabeth "Libbie" Bacon Custer, ALS and Souvenir Relics from the Surrender at Appomattox Court House.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 116. Colonel Elmer E. Ellsworth Presentation Sword and Archive. Lot of 52 items related to Elmer Ellsworth.<br>Est $100000-$200000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 1. Paul Revere, War of 1812, Mechanics of the Town of Boston Signed Pledge. <br>Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 64. Rare Whole Plate Tintype of the Ill-Fated Civil War Steamer Sultana. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 346. James B. "Wild Bill" Hickok Tintype and Autograph Poem Signed.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 330. Remarkable California US Mail Steamship Co. Broadside, 1859. <br>Est $10000-$15000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 161. Previously Unknown Daguerreotype of Future First Lady Julia Dent Grant and Sons Made for Captain Ulysses S. Grant. Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 229. <i>Titanic Disaster</i>, Ogden Family Travel Album Containing 30 Photographs Taken from the RMS Carpathia. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 230. RMS <i>Titanic</i>, Cork from Life Belt Salvaged by Passengers of the RMS <i>Carpathia</i>. Est $7000-$9000.
    <b>Cowans June 10:</b> Lot 231. Bronze RMS Carpathia Medals Presented to Mr. & Mrs. Ogden, Plus ALS from Captain Arthur Rostron.<br>Est $4000-$6000.
  • http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Lewis Carroll, <i>Alice's Adventures</i>, illustrated & signed by Salvador Dalí, New York, 1969. <br>$12,000 to $18,000.
    <b>Swann Auction Galleries June 14:</b> David Roberts, <i>The Holy Land</i>, 6 volumes, London, 1842-49. <br>$35,000 to $50,000.
    <b>Swann Auction Galleries June 14:</b> Arthur Szyk, <i>The Szyk Haggadah</i>, edited by Cecil Roth, first edition, signed, London, 1939. <br>$15,000 to $25,000.
    <b>Swann Auction Galleries June 14:</b> William Shakespeare, <i>The Dramatic Works</i>, 9 illustrated volumes, London, 1802. $5,000 to $7,500.
    http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Grimm Brothers, <i>Little Brother & Little Sister</i>, illustrated & signed by Arthur Rackham, London, 1917. $2,000 to $3,000.
    <b>Swann Auction Galleries June 14:</b> John Milton, <i>Paradise Lost</i>, illustrated by John Martin, London, 1846. $1,500 to $2,500.
    <b>Swann Auction Galleries June 14:</b> Edward Young, <i>The Complaint, and The Consolation</i>, first edition, illustrated by William Blake, London, 1797. $8,000 to $10,000.
    <b>Swann Auction Galleries June 14:</b> <i>Catalogue of the Morgan Collection of Chinese Porcelains</i>, first edition, New York, 1904-11. $3,000 to $4,000.

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>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."
  • <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.

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