• <b>Sotheby’s New York: The Magnificent Botanical Library of D. F. Allen. October 26, 2017</b>
    <b>Sotheby’s NY, Oct. 26:</b> Redouté, Pierre Joseph, and Claude Antoine Thory. <i>Les Roses</I>. Paris: Firmin Didot, 1817–1824. Est. $225,000 to $325,000
    <b>Sotheby’s NY, Oct. 26:</b> Trew, Jakob Christoph. <i>Hortus Nitidissimis Omnen Per Annum Superbiens Floribus</i>… Nuremberg: Johann Joseph Fleischmann, 1750 [–1786]. Est. $200,000 to $300,000
    <b>Sotheby’s NY, Oct. 26:</b> Trew, Christoph Jakob, and Benedict Christian Vogel. <i>Plantæ Selectæ</i>…[Nuremberg:] 1750–1773; Supplement, [Augsburg:] 1790 [–1792]. Est. $200,000 to $300,000
    <b>Sotheby’s New York: The Magnificent Botanical Library of D. F. Allen. October 26, 2017</b>
    <b>Sotheby’s NY, Oct. 26:</b> Jacquin, Nikolaus Joseph von. <i>Plantarum Rariorum Horti Caesarei Schönbrunnensis Descriptiones Et Icones.</i>Vienna; London; Leiden, 1797–1804. Est. $180,000 to $250,000
    <b>Sotheby’s NY, Oct. 26:</b> Weinmann, Johann Wilhelm. <i>Phytanthoza Iconographia; Sive Conspectus Aliquot Millium, Tam Indigenarum Quam Exoticarum</i>… Regensburg, 1735–1737–1745. Est. $120,000 to $180,000
  • <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 Early Unpublished Darwin letter on the races of man.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…
  • <b>Sotheby’s Paris: Books & Manuscripts. 30 October 2017</b>
    <b>Sotheby’s Paris, Oct. 30:</b> MARCEL PROUST. Du côté de chez Swann. Grasset, 1913. First edition. One of 5 copies on Japan paper, inscribed by the author to Louis Brun. Est. €400,000 - 600,000
    <b>Sotheby’s Paris, Oct. 30:</b> Saint-Exupéry. <i>25 Autograph Illustrated Letters to his Friend Charles Sallès</i>. Est. €30,000-50,000
    <b>Sotheby’s Paris, Oct. 30:</b> French Revolution, 1793. Déclaration des droits de l’Homme. 2,55 x 1,30m. A monumental wallpaper poster of the 1793 version, with hand-colored highlights. Unique copy. Est. €100,000 - 150,000
    <b>Sotheby’s Paris, Oct. 30:</b> GIAMBATTISTA PIRANESI. <i>Vedute di Roma</i>, 1748-1775. 107 etchings. An exceptional copy, printed and bound before 1780. Est. €50,000 - 80,000
    <b>Sotheby’s Paris, Oct. 30:</b> Picasso, Pablo -- Fernando de Rojas. LA CÉLESTINE. [PARIS, EDITIONS DE L'ATELIER CROMMELYNCK, 1971.] One of the 30 copies hors commerce (n° X). 66 original etchings by Picasso. Signed. Est. €30,000 - €35,000
  • <b>Results from Bonhams’ sale of <i>Fine Books & Manuscripts Featuring Exploration and Travel</i></b>
    <b>Bonhams, Sep. 26:</b> Columbus. De Insulis nuper in mari Indico repertis. Basel, 1494. SOLD for $751,500
    <b>Bonhams, Sep. 26:</b> Cook in Tahiti. [Playbill]. [Germany, c.1840.] SOLD for $6,250
    <b>Bonhams, Sep. 26:</b> Aa, Pieter van der. Naaukeurige versameling der gedenk-waardigste zee en land-reysen. Leyden, 1706-8. SOLD for $35,000
    <b>Bonhams, Sep. 26:</b> Dürer. Underweysung der messung [and two more]. Nuremberg, 1525-8. SOLD for $175,000
    <b>Bonhams, Sep. 26:</b> Cortes, Hernan. A Pleito signed by Antonio de Mendoza in the case of Hernan Cortes. 1542. SOLD for $8750
    <b>Results from Bonhams’ <i>The Air and Space Sale</i></b>
    <b>Bonhams, Sep. 27:</b> Russian Kholod 5D67 HFL Rocket Engine. SOLD for $25,000
    <b>Bonhams, Sep. 27:</b> Neil Armstrong Apollo Era Training Glove. SOLD for $50,000
    <b>Bonhams, Sep. 27:</b> Full Scale Sputnik-1 EMC/EMI Lab Model. SOLD for $847,500
    <b>Bonhams, Sep. 27:</b> SOLRAD GREB Spy Satellite Engineering Dummy. SOLD for $10,000
    <b>Bonhams, Sep. 27:</b> Soviet LK-3 Lunar Lander Model. SOLD for $25,000

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>Announcing a new Books for Sale platform hosted by Biblio!</b>
    <b>List your books simultaneously on Rare Book Hub and Biblio!</b>
  • <b>Swann Auction Galleries Nov 14: 19th & 20th Century Literature</b>
    <b>Swann Auction Galleries Nov 14:</b><br><i>The Centenary Edition of the Works of Ian Fleming</i>, one of 26 lettered sets, 18 volumes, London, 2008. $25,000 to $30,000.
    <b>Swann Auction Galleries Nov 14:</b> William Faulkner, <i>The Marble Faun</i>, first edition, signed & inscribed to Dorothy Wilcox by Faulkner & Phil Stone, Boston, 1924. $18,000 to $25,000.
    <b>Swann Auction Galleries Nov 14:</b> Maurice Sendak, <i>Where the Wild Things Are</i>, first edition, signed & inscribed to William Archibald, New York, 1963. $10,000 to $15,000.
    <b>Swann Auction Galleries Nov 14: 19th & 20th Century Literature</b>
    <b>Swann Auction Galleries Nov 14:</b> Anne Frank, <i>Het Achterhuis</i>, first edition, in first state jacket, Amsterdam, 1947. $12,000 to $18,000.
    <b>Swann Auction Galleries Nov 14:</b> Roald Dahl, <i>Charlie and the Chocolate Factory</i>, first edition, signed, New York, 1964. $6,000 to $9,000.
    <b>Swann Auction Galleries Nov 14:</b><br>Ray Bradbury, <i>Fahrenheit 451</i>, first limited edition bound in Johns-Manville Quinterra, New York, 1953. $7,000 to $10,000.
    <b>Swann Auction Galleries Nov 14: 19th & 20th Century Literature</b>
    <b>Swann Auction Galleries Nov 14:</b> Benjamin Graham, <i>The Intelligent Investor</i>, first edition, in original dust jacket, New York, 1949. $4,500 to $6,000.
    <b>Swann Auction Galleries Nov 14:</b> Anna Sewell, <i>Black Beauty</i>, first edition, inscribed, London, 1877. $7,000 to $10,000.
    <b>Swann Auction Galleries Nov 14:</b> Arthur Conan Doyle, <i>A Study in Scarlet</i>, first American edition, Philadelphia, 1890. $6,000 to $9,000.
    <b>Swann Auction Galleries Nov 14: 19th & 20th Century Literature</b>
    <b>Swann Auction Galleries Nov 14:</b> James Fenimore Cooper, <i>The Last of the Mohicans</i>, first edition, two volumes, Philadelphia, 1826. $5,000 to $7,500.
    <b>Swann Auction Galleries Nov 14:</b> Amelia Earhart, <i>20 hrs. 40 mins. Our Flight in Friendship</i>, limited first edition, signed, New York, 1928. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 14:</b> Philip K. Dick, <i>World of Chance</i>, first edition, signed, London, 1956. $3,000 to $4,000.
  • <b>Sotheby’s London: Fine Autograph Letters and Manuscripts from a Distinguished Private Collection. Part I: Music. 26 October 2017</b>
    <b>Sotheby’s London Oct 26:</b> Beethoven, Ludwig van. Autograph Manuscript of the Canon "Ewig Dein" Woo 161, signed at the end ("...[Ewig] Dein...Freund Ludwig Van Beethowen"). Est. £120,000 to £150,000
    <b>Sotheby’s London Oct 26:</b> Brahms, Johannes. Autograph Manuscript of the "Geistliches Wiegenlied", Op.91 No.2, for Contralto, Viola And Piano, the original version of 1864, signed and inscribed at the end by the composer. Est. £200,000 to £250,000
    <b>Sotheby’s London Oct 26:</b> Chopin, Frédéric. Autograph Manuscript of the Opening of the Étude Op.25 No.2, in A-Flat Major, signed and dated ("Paris Ce 28 Avril F. Chopin"). Est. £100,000 to £150,000
    <b>Sotheby’s London: Fine Autograph Letters and Manuscripts from a Distinguished Private Collection. Part I: Music. 26 October 2017</b>
    <b>Sotheby’s London Oct 26:</b> Haydn, Joseph. Autograph Letter Signed ("Jos Haydn[Paraph]"), to the Baden Choirmaster Anton Stoll, 30 July 1802. Est. £20,000 to £30,000
    <b>Sotheby’s London Oct 26:</b> Verdi, Giuseppe. Autograph Working Manuscript of a scene from Ernani. Est. £100,000 to £150,000
    <b>Sotheby’s London Oct 26:</b> Verdi, Giuseppe. Highly Important Series of Thirty-Six Autograph Letters Signed to The Librettist Salvadore Cammarano, written between 1844 And 1851, the greater part unpublished and unrecorded. Est. £250,000 to £300,000

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