• <center><b> The Library of Pierre Bergé<br>Auction Pierre Bergé & Associés<br>in association with Sotheby’s<br>Paris-Hôtel Drout<br>December 14, 2018<br><br>New York Exhibition<br>Oct. 16 to Oct. 20</b>
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> BARTHOLOMEUS ANGLICUS. <i>Le Proprietaire des choses.</i> Lyon, [circa 1484]. 150 000 / 200 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONTAIGNE, Michel de. <i>Essais.</i> Bordeaux, 1580. 400 000 / 500 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> PROUST, Marcel. <i>Du côté de chez Swann.</i> Paris, 1914 [1913]. 600 000 / 800 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONSTRELET, Enguerrand de. <i>Le Premier [-Tiers] Volume des Cronicques.</i> Paris, circa 1503.<br>300 000 / 400 000 €
  • <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>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. $20,000 to $30,000
    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Ptolemaeus, Claudius. <i>Geographie opus nouissima...</i> 1513. The most important edition of Ptolemy, containing the Admiral's Map. $250,000 to $350,000
    <b>Bonhams, Sep. 25:</b> De Arellano, Don Alonso. Manuscript, his <i>"Relación mui singular y circunstanciada... Capitán del Patax San Lucas,"</i> manuscript copy from the Sir Thomas Phillips collection. $50,000 to $80,000
    <b>Bonhams, Sep. 25:</b> Purchas, Samuel. <i>Purchas his Pilgrimes.</i> First edition. With John Simth's engraved map of Virginia. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. $8,000 to $12,000
    <b>Bonhams, Sep. 25:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. $5,000 to $7,000
    <b>Bonhams, Sep. 25:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. $2,000 to $3,000
  • <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Aegidius Sadeler (Flemish, 1570-1629), engraving on laid paper "Madonna and Child in a Landscape", after a drawing by Albrecht Durer. $800 to $1,200
    <b>William Bunch Auctions, Oct. 29:</b> Anders Zorn (Swedish, 1860-1920), drypoint etching on paper "On Hemso Island", 1917, pencil signed. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Joseph Pennell (American, 1860-1926), etching on paper "Setting Up Columns", pencil signed. $200 to $300
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> William Lee Hankey (British, 1869-1952), drypoint etching on paper "Affection", pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> William Walcot (English, 1874-1943), drypoint etching on paper "Lower Broadway, New York", 1924, pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> Auguste Brouet (French, 1872-1941), color etching "La Pirouette", pencil signed, ed 111/250. $400 to $600
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Thomas Hart Benton (American, 1889-1975), lithograph on paper "The Boy", pencil signed. $2,000 to $3,000
    <b>William Bunch Auctions, Oct. 29:</b> John Stockton de Martelly (American, 1903-1979), lithograph on paper "Looking at the Sunshine", pencil signed, original AAA certificate. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Jacques Hnizdovsky (Ukrainian-American, 1915-1985), woodcut on paper "Moppet", pencil signed and dated 1965, ed 118/250. $400 to $600

Rare Book Monthly

Articles - November - 2009 Issue

The Google Settlement: Where It Stands, and Our Opinion on the Appropriate Resolution

Googlelogo

Google seeks to make


By Michael Stillman

The proposed settlement that would allow Google to offer digital copies of copyrighted books, and in particular so-called "orphan books," books that are out of print and their copyright holders hard to find, is moving ahead at a rapid pace, too rapid for some of the opponents. Google had reached a settlement with two groups representing authors and publishers, but the agreement also seeks to bind these missing copyright holders who have no say. A whole host of other parties has volunteered to speak on their behalf.

The settlement provides for an independent registry, funded by Google but managed by authors and publishers, to keep track of copyrighted books. Those available to Google would be sold with a 63%-37% split (copyright holder-Google) of revenues. Copyright holders may either put their names into the registry for their share of the royalties, or decline to participate, in which case Google will not sell access to their books. However, if neither claim nor refusal is filed (which will often be the case as many of these copyright holders could be authors dead for 60, 70, 80 years), Google will be able to sell access to the books without compensating the copyright holders.

Many parties have objected to this settlement, including competitors such as Amazon, Microsoft, Yahoo, and the nonprofit Internet Archive. Various publishing, library, and author groups can be found on each side of the issue, while Amazon book reader competitor Sony has sided with Google. Most of the opponents have banded together in an organization known as the Open Book Alliance. These groups sued in court to stop the settlement.

The case appeared to be coming close to a court ruling when the U.S. Government joined the opposition. This appeared to be a major victory for the objectors, but the government's objections may be much narrower than those of the other opponents. The government appears to want the settlement to be approved, but only after certain changes are made to allow for greater competition. The government wants other potential vendors of "orphan books" to have access to the same deal as Google, along with a few other changes. Once the government filed its objection, the court immediately put its plans for an October 6 decision on hold, and encouraged the parties to come up with a revised settlement that would resolve the differences.

Now, Google and its settlement partners have succeeded in getting the court to set the next hearing for November 9, where they will offer their revised settlement. Their hope is for a final court ruling in December or January. The Open Book Alliance reacted bitterly, claiming that Google and its settlement partners are pushing through a revision that may satisfy the government objections, but not their own (and for some of them, their hope may simply be to kill the settlement, not revise it). The OBA issued a statement saying that any settlement must be fully reviewed by all of their parties, not just the government. They continued, "It's also clear that the settlement partners have zero interest in creating an open process that takes input from critical stakeholders. Instead, Google and its partners are serving their private business interests and ignoring the public interest. They came to the courtroom without a single concrete recommendation of how they would address any of the problems with the original settlement. Instead, they proposed more of the same - secret, backroom negotiations - rather than an open, transparent and collaborative process."

We asked Google's Megan Lamb for Google's position on access by competitors to the books listed in the Registry. She responded, "The settlement is non-exclusive. The registry can do deals with any other company, including Google competitors, and as the testimony [of Google's Chief Legal Officer David Drummond before the House Judiciary Committee on September 10] says, 'If a competitor offers the registry a better deal, the registry has every incentive to take it.'" In other words, any competitor would be free to deal with the authors and publishers' registry, just as Google has. As for "orphan books," those for whom permission to republish is neither received nor denied, Ms. Lamb stated, "We have supported orphan works legislation for many years and continue to do so." She referred us to Mr. Drummond's testimony for more details on Google's position.

Rare Book Monthly

  • <b>Swann Auction Galleries Nov 8:</b> Kurt Vonnegut, archive of 12 letters, signed to his family, 6 illustrated, 1930s-40s. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Allen Ginsberg, 11 autograph manuscripts, including 10 drafts of poems & a page of notes, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Joan Miró, illustrated autograph note signed to MoMA Director of Exhibitions & Publications, 1959. $6,000 to $9,000.
    <b>Swann Auction Galleries Nov 8:</b> Carl Gustav Jung, typed letter signed to a colleague, 1948. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Gustav Mahler, ALS, arranging a meeting during his historic visit to New York, circa 1908. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Mark Twain, ALS, explaining the target of his new book, 1902. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Charles Dickens, ALS, accepting an invitation in the voice of a <i>Martin Chuzzlewit</i> character, 1843. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Jacob Lawrence, illustrated greeting card signed, 1960. $2,000 to $3,000.
    <b>Swann Auction Galleries Nov 8:</b> Robert E. Lee, ALS, to the colonel of the Kanawha Valley volunteers, boosting morale, 1861. $15,000 to $25,000.
  • <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir. <i>Aurora Australis. Printed at the Winter Quarters of the British Antarctic Expedition, 1907, During the Winter Months of April, May, June, July, 1908.</i> $60,000 to $80,000
    <b>Leslie Hindman, Oct 31:</b> HUMBOLDT, Alexander von, and Aime J. A. BONPLAND. <i>Vues des Cordillères, et monumens des peuples indigènes de l'Amérique.</i> Paris, 1810. $30,000 to $40,000
    <b>Leslie Hindman, Oct 31:</b> COOK, James, Captain. [Collected Voyages]. London: Strahan and Cadell, 1773, 1777, 1784. First editions of the second and third voyages. $20,000 to $30,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> DARWIN, Charles. <i>A Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle, between the years 1826 and 1836.</i> $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> SPILBERGEN, Joris van (1568-1620). <i>Speculum orientalis occidentalisque Indiae navigationum.</i> Leiden: Nicolaus van Geelkercken, 1619. $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> DRAKE, Francis, Sir. <i>Sir Francis Drake Revived. Who is or may be a Pattern to stirre up all Heroicke and active Spirits of these Times…</i> London, 1653 [i.e. 1652]. $10,000 to $15,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir, Louis C. BERNACCHI, and Apsley George Benet CHERRY-GARRARD, editors. The South Polar Times. London, 1907-1914. $10,000 to $15,000
    <b>Leslie Hindman, Oct 31:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740...</i> 1744. London: John and Paul Knapton for the author, 1748. $8,000 to $12,000
    <b>Leslie Hindman, Oct 31:</b> HERRERA Y TORDESILLAS, Antonio de. <i>Description des Indes Occidentales, Qu'on appelle aujourdhuy Le Nouveau Monde...</i> Amsterdam: Michel Colin, 1622. $8,000 to $12,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> NOORT, Olivier van. <i>Description du Penible Voyage fait entour de l'univers ou globe terrestre...</i> Amsterdam: Cornille Nicolas, 1610. $5,000 to $7,000
    <b>Leslie Hindman, Oct 31:</b> LEO AFRICANUS, Johannes. <i>A Geographical Historie of Africa, Written in Arabicke and Italian.</i> London: George Bishop, 1600. $4,000 to $6,000
    <b>Leslie Hindman, Oct 31:</b> SCHOUTEN, Willem Corneliszoon. <i>Journal ou Description du Merveilleux Voyage de Guillaume Schouten, Hollandois natif de Hoorn, fait es années 1615, 1616, & 1617.</i> 1619. $4,000 to $6,000

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