• <b>Bonhams: History of Science and Technology. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 95. Turing. <i>Systems of Logic Based on Ordinals</i>. Offprint. London, 1939. Robin Gandy's Copy. $20,000 to $30,000
    <b>Bonhams, Dec. 6:</b> Lot 98. Zernike, Fritz. The 1953 Nobel Prize for Physics: The Invention of the Phase-Contrast Microscope. $100,000 to $150,000
    <b>Bonhams, Dec. 6:</b> Lot 111. Apple 1 Computer, operational, with exceptional provenance. $400,000 to $600,000
    <b>Bonhams: Voices of the 20th Century. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 1074. Bruce, Lenny. An unreleased 16 mm film by "Count" Lewis DePasquale featuring Lenny Bruce. $7,000 to $10,000
    <b>Bonhams, Dec. 6:</b> Lot 1254. Hirohito. Manuscript in Japanese, "The Emperor's Monologue," transcribed by Terasaki Hidenari. $100,000 to $150,000
    <b>Bonhams, Dec. 6:</b> Lot 1095. Goldman. Emma. Large archive of correspondence, much of it to Warren Starr Van Valkenburgh. $70,000 to $100,000
    <b>Bonhams: History of Science and Technology. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 109. Wozniak and Jobs. The First Digital "Blue Box", Berkeley, 1972. $30,000 to $50,000
    <b>Bonhams, Dec. 6:</b> Lot 46. Newton, Isaac. <i>Philosophiae naturalis principia mathematica</i>. 1st issue. London, 1687. $300,000 to $500,000
    <b>Bonhams, Dec. 6:</b> Lot 49. Newton. Autograph Manuscript in English, a portion of a draft of Newton's study on revelation. $15,000 to $20,000
    <b>Bonhams: Voices of the 20th Century. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 1027. Fitzgerald, F. Scott. The Great Gatsby. 1st edition, 1st issue. Scribners, 1925. $40,000 to $60,000
    <b>Bonhams, Dec. 6:</b> Lot 1042. Hemingway., Ernest. For Whom the Bell Tolls. Presentation copy, one of 15 copies. Scribners, 1940. $25,000 to $35,000
    <b>Bonhams, Dec. 6:</b> Lot 1215. A 48-star American Flag, flown from LCT-703, sunk on Omaha Beach, December 1944. $15,000 to $20,000
  • <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Unique Association Copy of Signed Limited Roosevelt, African Game Trails, Extra-Illustrated. $5,000 - 7,500
    <b>Cowan’s, Dec. 18:</b> 24 Volumes Henry James in 1/2 Morocco - Alvin Langdon Coburn Frontis Illustrations. $3,000 - $5,000
    <b>Cowan’s, Dec. 18:</b> French Surrealism by Claude Cahun and Marcel Moore, 1930 Limited Edition in Lovely Condition. $3,000 - $5,000
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Unique and Beautifully Written Manuscript of 650 Quarto Pages - Unpublished History of Belle-Isle-En-Mer, 1754. $3,000 - $5,000
    <b>Cowan’s, Dec. 18:</b> William Beebe's Classic 4 Volume Work on "The Pheasants," Signed and Inscribed in 1919. $2,000 - $3,000
    <b>Cowan’s, Dec. 18:</b> Three Volumes of Washington's War Era Letters Published in New York in 1796. $1,500 - $2,000
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> 19th C. Vintage Album with 48 Sepia Toned Albumen Prints by Fratelli Alinari et. al.<br>$1,500 - $2,000
    <b>Cowan’s, Dec. 18:</b> Report of Phipps' Voyage in 1773 In Search of a Passage to India Via the North Pole. $1,500 - $2,000
    <b>Cowan’s, Dec. 18:</b> 17 Volumes of Wallace's American Trotting Register, 1874-1891. $1,500 - $2,500
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Rare First English Edition of Monardes, Joyfull Newes, 1577, Woodcut Illustrations.<br>$1,500 - $3,000
    <b>Cowan’s, Dec. 18:</b> 6 Volume Shakespeare Presented to Virginia Congressman Involved in the "Trent Affair". $1,200 - $1,500
    <b>Cowan’s, Dec. 18:</b> Classic Lothar Meggendorfer Movable Book Complete with 8 Chromolithograph Plates, Ca. 1890. $750 - $1,000
  • <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>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> SAINT-EXUPERY, ANTOINE DE. Kodachrome Film (16mm) showing Antoine de Saint-Exupery and Consuelo on a boat, 1942. JOINED: Guestbook for the Boat, signed, with a drawing of the Little Prince. 15 000 to 20 000 €
    <b>Collections Aristophil, Dec. 20:</b> CANDEE, HELEN CHURCHILL. Autograph manuscript. TITANIC, 40 leaves. Original account of the most famous shipwreck, by a survivor of the ordeal. 300 000 to 400 000 €
    <b>Collections Aristophil, Dec. 20:</b> TITANIC. Collection of 7 documents relating to the shipwreck of the Titanic (14 April 1912). 20 000 to<br>30 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> DUPLEIX DE CADIGNAN, JEANBAPTISTE. Signed autograph manuscript. Thirty years of memoirs related to military services and important information on the American War of Independence.<br>40 000 to 50 000 €
    <b>Collections Aristophil, Dec. 20:</b> CURTIUS. Faiz et Conquestes d'Alexandre [Histoire d'Alexandre le Grand]. In French, illuminated manuscript on paper and parchment, 16 large miniatures. 300 000 to<br>500 000 €
    <b>Collections Aristophil, Dec. 20:</b> NELSON, HORATIO. Signed autograph letter, ‘Nelson & Bronte,” aboard the Amazon, 14 October 1801, addressed to Sir William Hamilton. 4 000 to 5 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> GIROLAMO FRANCESCO MARIA MAZZUOLI DIT LE PARMESAN. Le couple amoureux. Pen and brown ink. 80 000 to 120 000 €
    <b>Collections Aristophil, Dec. 20:</b> SADE, DONATIEN-ALPHONSE-FRANÇOIS, MARQUIS DE. Autograph manuscript. The 120 Days of Sodom, or the School of Libertinage, 1785.<br>4 000 000 to 6 000 000 €
    <b>Collections Aristophil, Dec. 20:</b> MIRÓ, JOAN. Signed autograph correspondence to Thomas and Diane Bouchard (1949-1976). 50 000 to 60 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> BALZAC, HONORÉ DE. Signed autograph manuscript, Ursule Mirouët, [1841]. One of only two manuscripts of novels by Balzac in private hands. 800 000 to<br>1 200 000 €
    <b>Collections Aristophil, Dec. 20:</b> LENOIR, ALEXANDRE. Essai sur l'histoire des arts en Egypte pouvant servir d'appendice au grand ouvrage de la Commission. autograph manuscript with numerous additions and corrections. 40 000 to 50 000 €
    <b>Collections Aristophil, Dec. 20:</b> SCHRÖDINGER, ERWIN. Autograph manuscript [Spring 1946, sent to Albert Einstein]. 1 500 to 2 000 €

Rare Book Monthly

Articles - December - 2013 Issue

Google Books Finally Wins a Round in 8-Year-Old Lawsuit

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Judge Chin hands down his decision.

There have been few victories for Google in the now 8-year-old lawsuit involving its massive Google Books digitization project. Google has now scanned and digitized over 20 million books. Google once reached a settlement with its major pursuer, the Authors Guild, only to have the settlement thrown out by a court. The court found even the compromise offered by its opponent too lenient. Therefore, it might be a bit surprising to find the same court giving Google a resounding victory in Google's latest battle with the Authors Guild. One never knows.

 

Over a decade ago, Google announced its project, now known as “Google Books,” to make digital copies of virtually every book, at least every older book ever published, available. It signed agreements with various university and public libraries to scan the older books on their shelves. Google agreed to pay the cost of scanning the books. The library and Google would each get a copy of the digital books created by the project.

 

There was an issue lurking behind this amazing project to preserve and make available older, often virtually “lost” books – copyrights. Copyrights on books published before 1923 have all expired. Google is free to copy them at will. Those published between 1923 and 1977 may, or may not still be under copyright, depending on whether copyrights were renewed years ago. Everything from 1977 on is still under copyright and will be for years to come.

 

While Google stayed away from newer books, it did scan many from the 1923-1977 period. It did not attempt to determine which were still under copyright and which were not. Even if it did, it would be essentially impossible to locate all of the copyright holders. That person may have died almost a century ago, and the copyright may now belong to dozens of impossible to find great-grandchildren, who aren't even aware that they own a copyright to a book that hasn't earned a nickel in 90 years. These books have earned the sobriquet “orphan books” in the trade. If Google had to seek the owners' approval first, as copyright law demands, it would be impossible for Google to make many books published after 1923 digitally available to the public.

 

Nonetheless, this was the issue over which the Authors Guild sued. You need the authors' permission first, no matter that doing so is essentially impossible, they said. That is what the letter of the copyright law says. So, Google and the Authors Guild reached a settlement. Google would sell digital access to books that might be under copyright. The copyright holder would get 63% of the proceeds, Google 37%. All the copyright holder had to do was step forward and claim their share. If they did not, their share would be held in abeyance for a few years and then donated to charity. Any copyright holder who did not like this deal could opt out and Google would immediately delete their books from its database.

 

The settlement sounded reasonable enough, but others, including the U. S. Department of Justice, did not like the deal. It might be reasonable, they said, but it still violates the copyright law. The law is the law, and the law says you must receive permission to copy in advance, not after the fact. Ultimately, Judge Denny Chin of the District Court for the Southern District of New York agreed. You cannot reach a settlement that violates the law, he reasoned. He threw out the settlement, whereupon, the Authors Guild took up its suit against Google again.

 

This time, Google is no longer attempting to sell access to these “orphan books.” Instead, it allows Google searchers to see a short section, a “snippet” of text if it matches a visitor's search terms. This enables a searcher to find which books contain his search terms, and to see their context in a sentence or two. However, the person cannot then buy access to the book from Google. He is on his own. Google will point them to a book listing site if one has that book for sale, or to a library if it has the book on its shelves. You just can't get the book from Google, and Google does not receive advertising dollars from the book listing sites or from others on the page. It does not make any money from the copyrighted book.

 

The Authors Guild sued Google anyway. It is still copying and displaying parts of copyrighted books without the owners' permission. That is still a violation of copyright law, they argued. Google countered that what they were displaying represented what is legally known as “fair use” of copyrighted material. Without going into the details, or the official “four-pronged” test of fair use, an easy example of fair use is a book review. A reviewer can legally quote a couple of sentences from a book in her review. She just can't copy and quote the entire book. That is what Google said it was doing by displaying a “snippet.”

 

So, the suit was heard again in the same court in front of the same judge, but this time Judge Chin ruled in favor of Google. He concluded that Google's “snippets” constituted fair use. The Authors Guild pointed to the fact that Google, while only displaying a snippet, was, in fact, copying the entire book. And, if the searcher did enough searches using various terms, he could eventually see the entire book. Not so, said the Judge. First of all, Google leaves 10% of the copy out of its searches to prevent this. Secondly, in order to know what other terms to search to see the entire book, you would have to have a copy of the book in front of you. Accessing an entire book, or even the 90% available, is practically speaking, as likely as finding the copyright holders for books 90 years out of print. Google may continue to digitize books and display snippets to searchers on their website, ruled the Judge.

 

The Authors Guild is appealing. “In our view, such mass digitization and exploitation far exceeds the bounds of fair use defense,” Authors Guild Executive Director Paul Aiken said in a statement. “We plan to appeal the decision.”

 

We conclude with a quote from Judge Chin which puts this all in perspective, followed by a comment: “In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders. It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books. It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books. It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits.”

 

We agree completely with Judge Chin's summary, and yet, we can't help but note how much better the situation would have been had he ruled in favor of the earlier settlement. This decision allows people to locate potentially useful books online through Google, but to actually read it, they must order a copy online, likely through a site like Amazon or AbeBooks, providing one is even available, or find it in a library, the nearest one having their book perhaps hundreds or thousands of miles away. If the settlement had been upheld, they could have had instant access to a digital copy. And, as to generating “new sources of income for authors and publishers,” that will only be true of books still in print. Out of print books will be purchased used, meaning the author receives no further royalty, or read for free in a library. If Google were permitted to sell access, the author or publisher could have earned 63% of the selling price on the spot for a book they are otherwise unlikely to make another penny from ever again.

 

However, since the law is the law, the solution now is for Congress to change the copyright law to allow for a solution like the settlement to make “orphan books” accessible again. Congress just needs to get up off of their seats and do something useful, instead of whatever it is they are doing now.

Rare Book Monthly

  • <b>Christie’s Online, Dec. 5 – Dec. 12:</b> <i>John the Baptist</i>. initial 'H' cut from a choirbook [Lombardy or Siena, c. 1470s]. US$6,000–9,000
    <b>Christie’s Online, Dec. 5 – Dec. 12:</b> <i>Maharaja Ranjit Singh (1780–1839) seated on a terrace with Sikh noblemen</i>. [Punjab, North India, circa 1830-40]. Estimate: US$10,000–15,000
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Rowling (J.K.). Hogwarts School of Witchcraft and Wizardry, original fine black pen and ink manuscript book by the author J.K.Rowling, with 31pp of text and illustrations. £80,000 to £120,000
    <b>Bloomsbury, Dec. 14:</b> Blaeu (Johannes). <i>Vierde Stuck der Aerdrycks-Beschryving, welck vervat Engelandt</i>, i.e. <i>Theatrum Orbis Terrarum</i>. vol 4, England & Wales. £10,500 to £12,500
    <b>Bloomsbury, Dec. 14:</b> Miró (Joan). L'Homme au Balencier, etching, aquatint and carborundum, printed in colours on Japan paper, signed in pencil lower right. £4,000 to £6,000
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Steve McCurry (b.1950). Afghan Girl, 1984, pigment inkjet print, signed and numbered 48/250 in pencil on lower margin. £2,500 to £3,500
    <b>Bloomsbury, Dec. 14:</b> Keough (Pat and Rosemarie). <i>Antarctica</i>, no 228 of 950 copies, signed by the authors, many colour illustrations, original dark grey morocco. £2,800 to £3,200
    <b>Bloomsbury, Dec. 14:</b> Rowlandson (Thomas). Darby & Joan, the idyllically contended couple sit either side of a stove in a cosy domestic interior, ink and watercolour on wove paper. £1,000 to £1,500
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Procktor (Patrick). Tiny blue-eyed goldfish, watercolour, 310 x 460mm., signed in blue crayon, lower right, titled and inscribed Muscat Jan 19. £1,000 to £1,500
    <b>Bloomsbury, Dec. 14:</b> Iouri Abramochkin (b.1936). Horsemen, Dagestan, 1968, Lambda print, printed later, signed, dated, editioned 1/8 and annotated in black ink verso. £800 to £1,200
    <b>Bloomsbury, Dec. 14:</b> Ravilious (Eric).- Shakespeare (William). Twelfth NIght, or, What You Will, number 79 of 275 copies , wood-engraved title. £800 to £1,200
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Michelangelo.- Chastel (André). <i>The Vatican Frescoes of Michelangelo</i>, Photography by Takashi Okamura, 2 vol., one of 600 sets, colour plates. £500 to £700
    <b>Bloomsbury, Dec. 14:</b> Wyndham (John). <i>The Day of the Triffids; The Kraken Wakes; The Chrysalids;</i> together with 8 other volumes. All first editions. £400 to £600
    <b>Bloomsbury, Dec. 14:</b> Alfred Stieglitz (1864-1946). Goats Along The Seine, 1894. Photogravure, printed 1990s by Dorothy Norman, one from an edition of 40 published by Aperture. £400 to £600
  • <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> James Montgomery Flagg, <i>Friend, Wife</i>, graphite & watercolor cover for Judge magazine, May 1920. $6,000 to $9,000.
    <b>Swann Auction Galleries Dec 14:</b> Georges Lepape, <i>Après la Tempête</i>, watercolor, ink & graphite cover for <i>Vogue</i>, April 1919, inscribed to Madame Condé Nast. $25,000 to $35,000.
    <b>Swann Auction Galleries Dec 14:</b> Maurice Sendak, <i>Little Bear & His Parents </i>, pencil study & finished watercolor for <i>Bears of the World</i>, 1981. $15,000 to $25,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b><br>Dr. Seuss (Theodor Geisel), <i>A Great Gallumphing Galoot!</i>, original drawing & inscription, signed twice, in <i>Dr. Seuss's ABC</i>. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 14:</b> Scrapbook relating to the production of <i>Snow White & the Seven Dwarfs</i>, with 20 original drawings, circa 1937. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 14:</b> Charles M. Schulz, <i>Gentleman Biographer</i>, pen & ink, <i>Peanuts</i> comic strip, 1972. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> Jerry Pinkney, <i>[Brer Rabbit & Brer Bear]</i>, watercolor, pen & ink on paper, 1990. $20,000 to $25,000.
    <b>Swann Auction Galleries Dec 14:</b> <i>Daffydils</i>, festschrift for Harry Hershfield, signed with cartoons & caricatures by George Herriman, Winsor McCay & others, 1911. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 14:</b> W.W. Denslow, <i>Higglepy, Piggleby, My Black Hen</i>, ink & gouache, for <i>Denslow's Mother Goose </i>, 1901. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> Pavel Tchelitchew, <i>Savonarola</i>, graphite & gouache, sketch for the production at Theater in der Königgrätzer Straße, 1923. $5,000 to $7,000.
    <b>Swann Auction Galleries Dec 14:</b> John Philip Falter, <i>Strictly Off the Record</i>, oil on canvas, for Four Roses Whiskey, 1942. $15,000 to $20,000.
    <b>Swann Auction Galleries Dec 14:</b> Charles Addams, <i>Movie Scream</i>, pen, ink & watercolor cartoon for <i>The New Yorker</i>, January 1947. $12,000 to $18,000.

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