• Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Winston Churchill. The Second World War. Set of First-Edition Volumes. 6,000 USD
    Sotheby’s, Available Now: A.A. Milne, Ernest H. Shepard. A Collection of The Pooh Books. Set of First-Editions. 18,600 USD
    Sotheby’s, Available Now: Salvador Dalí, Lewis Carroll. Alice's Adventures in Wonderland. Finely Bound and Signed Limited Edition. 15,000 USD
    Sotheby’s
    Modern First Editions
    Available for Immediate Purchase
    Sotheby’s, Available Now: Ian Fleming. Live and Let Die. First Edition. 9,500 USD
    Sotheby’s, Available Now: J.K. Rowling. Harry Potter Series. Finely Bound First Printing Set of Complete Series. 5,650 USD
    Sotheby’s, Available Now: Ernest Hemingway. A Farewell to Arms. First Edition, First Printing. 4,200 USD
  • Forum Auctions
    Colour Plate Books from the Library of Norman Bobins
    Part 2
    27th March 2024
    Forum Auctions, Mar. 27: Alken (Henry). Sporting Notions, first edition, T.McLean, 1832-33. £800 to £1,200.
    Forum Auctions, Mar. 27: Bardi (Lorenzo). Nuova Raccolta delle piu interessanti Vedute della Citta di Firenze…, Florence, Lorenzo Bardi, [c.1840]. £1,500 to £2,000.
    Forum Auctions, Mar. 27: Crawfurd (John). Journal of an Embassy from the Governor-General of India to the Court of Ava..., first edition, 1829. £1,000 to £1,500.
    Forum Auctions
    Colour Plate Books from the Library of Norman Bobins
    Part 2
    27th March 2024
    Forum Auctions, Mar. 27: Dawe (George, engraver). The Life of a Nobleman, first edition, Geo. Henderson, [c.1825]. £1,000 to £1,500.
    Forum Auctions, Mar. 27: [Doyle (John)], "H.B.". Political Sketches &c., 10 vol. including The Descriptive Key to H.B., Thomas McLean, [1829-51]. £4,000 to £6,000.
    Forum Auctions, Mar. 27: Eben (Adolphus Christian Frederick, Baron von) and Nicolaus Heideloff. Modèles de l'Uniforme Militaire Adopté dans l'Armée Royale de Suède, Rudolph Ackerman, 1808. £1,500 to £2,000.
    Forum Auctions
    Colour Plate Books from the Library of Norman Bobins
    Part 2
    27th March 2024
    Forum Auctions, Mar. 27: Geissler (J.G.G.) and Friedrich Hempel. Mahlerische Darstellungen der Sitten, Gebrauche und Lustbarkeiten bey den Russischen, Tartarischen…, 4 parts in 1, Leipzig and Paris, [1804]. £1,000 to £1,500.
    Forum Auctions, Mar. 27: Hunt (Charles). Portraits of Winning Horses...of the Derby, Oaks, & St. Leger, from the Year 1842 to 1849…, Rock Brothers & Payne, 1849. £1,500 to £2,000.
    Forum Auctions, Mar. 27: Kunike (Adolf Friedrich). Zwey hundert und sechzig Donau-Ansichten nach dem Laufe des Donaustromes…, Vienna, Leopold Grund, 1826. £3,000 to £5,000.
    Forum Auctions
    Colour Plate Books from the Library of Norman Bobins
    Part 2
    27th March 2024
    Forum Auctions, Mar. 27: Lasinio (Carlo). [Matrimony], Florence, 1790. £1,500 to £2,000.
    Forum Auctions, Mar. 27: Reinhardt (Joseph). A Collection of Swiss Costumes, in Miniature, second English edition, James Goodwin, [1828]. £800 to £1,200.
    Forum Auctions, Mar. 27: Wengen (Gottfried Durst von). Die Öffentliche Maskerade Bamberg am Fastnachts-Montage 1833…, Bamberg, [1833]. £2,000 to £3,000.
  • Koller Auctions
    Books & Autographs
    20 March 2024
    Koller, Mar. 20: DADA - Der Zeltweg. Redaktion: Flake, Serner, Tzara. Zürich, 1919. CHF 5,000 – 8,000
    Koller, Mar. 20: Jespers, Floris - Peeters, Jan. Kinderlust. Antwerpen, J. F. Bogaerts & R. R. Dodson, [1923]. CHF 2,000 – 3,000
    Koller, Mar. 20: FARBENLEHRE - Chevreul, M. E. De la Loi du contraste simultané des couleurs et de l'assortiment des objets colorés. Paris, 1839. CHF 4,000 – 5,000
    Koller, Mar. 20: BOTANIK - Schrank, Franz de Paula von. Flora Monacensis, seu plantae sponte circa Monachium nascentes. München, 1811-1818. CHF 20,000 – 30,000
    Koller, Mar. 20: French Bible manuscript. Latin manuscript on parchment. With 81 illuminated, ornamental and figurative initials. Paris, c. 1250. CHF 90,000 – 120,000
    Koller Auctions
    Books & Autographs
    20 March 2024
    Koller, Mar. 20: Gradual for the use of a Dominican convent. Latin manuscript on parchment, with Flemish rubrics in black and red. Mecheln (?), c. 1520. CHF 25,000 – 40,000
    Koller, Mar. 20: Calendar. French manuscript on parchment. With 12 large colored thorn leaf initials on a gold background. Paris, c. 1380/1390. CHF 40,000 – 60,000
    Koller, Mar. 20: Freud, Sigmund. Collection of 23 handwritten letters to Alphonse Maeder in Zurich. In addition to 4 letter drafts from Maeder to Freud. 2 February 1910 - 21 September 1913. CHF 50,000 – 80,000
    Koller, Mar. 20: Jung, Carl Gustav. Collection of 26 autograph and 3 typescript letters and a postcard to Alphonse Maeder. 1911-1918. CHF 20,000 – 30,000
    Koller, Mar. 20: Nietzsche, Friedrich, philosopher. Handwritten letter signed to Richard Wagner. Basel, September 27, 1876. CHF 20,000 to 30,000
  • 19th Century Shop
    Catalogue 198 just published
    19th Century Shop. Darwin and Wallace, first printing of the first paper on natural selection
    19th Century Shop. Shakespeare’s Poems, first collected edition
    19th Century Shop. Walt Whitman portrait inscribed with a Leaves of Grass poem
    19th Century Shop. Major Elizabeth Barrett Browning manuscript notebook
    19th Century Shop. Spock's Baby Book, original MS
    19th Century Shop. Cellarius, Harmonia Macrocosmica, the great celestial atlas

Rare Book Monthly

Articles - August - 2013 Issue

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

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

  • Forum Auctions
    Books, Manuscripts and Works on Paper
    28th March 2024
    Forum Mar. 28: [Langland (William)]. The vision of Pierce Plowman, nowe the seconde time imprinted..., Roberte Crowley, 1550. £8,000 to £10,000.
    Forum Mar. 28: [Shakespeare (William)]. [Comedies, Histories, and Tragedies], second folio edition, [by Tho.Cotes, for Robert Allot], [1632]. £30,000 to £40,000.
    Forum Mar. 28: Bible, Czech Biblia Bohemica, first complete Bible printed in the Czech vernacular, Prague, August 1488. £30,000 to £40,000.
    Forum Auctions
    Books, Manuscripts and Works on Paper
    28th March 2024
    Forum Mar. 28: Shabthai Tzvi.- Collection of four printed and illustrated broadsides detailing the appearance, rise and fall of the false messiah, Shabthai Tzvi, Augsburg, 1666-67. £40,000 to £60,000.
    Forum Mar. 28: Leaf from the Beauvais Missal, in Latin, illuminated manuscript on parchment, [Northern France (perhaps Beauvais or Amiens)], [fourteenth century (c.1310)]. £4,000 to £6,000.
    Forum Mar. 28: Aubrey (John). [Remaines of Gentilisme and Judaisme], manuscript in English, Latin and Greek, [c. 1693]. £30,000 to £50,000.
    Forum Auctions
    Books, Manuscripts and Works on Paper
    28th March 2024
    Forum Mar. 28: Byron (George Gordon Noel, Lord). Poems on Various Occasions, first edition, Harriet Maltby's copy, Newark, Printed by S. & J. Ridge, 1807. £30,000 to £40,000.
    Forum Mar. 28: Tolkien (J.R.R.) The Hobbit, first edition, second impression with dust-jacket, 1937 [but 1938]. £7,000 to £10,000.
    Forum Mar. 28: Blake (William).- Thornton (Robert John). The Pastorals of Virgil, 2 vol., engraved plates by William Blake, 1821. £8,000 to £12,000.
    Forum Auctions
    Books, Manuscripts and Works on Paper
    28th March 2024
    Forum Mar. 28: America.- Mount (William J.) & Thomas Page. The English Pilot…, [bound with] The Fourth Book, describing The West Indies Navigation from Hudson's-Bay to the River Amazones, 1721. £20,000 to £30,000.
    Forum Mar. 28: Oldfield (Henry Ambrose), Rajman Singh Chitrakar & others. An album of 160 photographs and 13 original artworks, (1833-1919), [c. 1850s-1880s]. £20,000 to £30,000.
    Forum Mar. 28: Audubon (John James) [and William MacGillivray]. Ornithological Biography…, 5 vol., first edition, presentation copy inscribed by Audubon, Edinburgh, 1831-49 [i.e. 1831-39]. £10,000 to £15,000.

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