• <b>19th Century Shop.</b> A patriot who fought with George Washington Superb Daguerreotype of Baltus<br>Stone at age 101 (1846).
    <b>19th Century Shop.</b> Edward Curtis portrait of Honovi, Walpi Snake Priest "Honovi was one of the author's principal informants" (1910).
    <b>19th Century Shop.</b> The Execution of the Lincoln Assassination Conspirators by Alexander Gardner (1865).
    <b>19th Century Shop.</b> Harriet Beecher Stowe, Catharine Beecher, Henry Ward Beecher, and the other siblings with their father Lyman Beecher. By Mathew Brady (1850s).
    <b>19th Century Shop.</b> From Slaves to World-Famous Entertainers Millie-Christine, "The Two-Headed Nightingale" (c. 1868-71)
    <b>19th Century Shop.</b> Goldfield, Nevada Photograph Collection Fabled Western Mining Boomtown (1905-1906)
    <b>19th Century Shop.</b> Tycoon-Collector Benjamin Richardson poses with his great-grandson as appeared in parade.
    <b>19th Century Shop.</b> Alexander Gardner portrait of Lincoln the only known copy, ex-John Hay (1863).
    <b>19th Century Shop.</b> Magnificent Niagara Falls album with a strong provenance (1867).
    <b>19th Century Shop.</b> Spectacular American West Album From Yosemite to Salt Lake City to San Francisco.
  • <b>Bonhams September 21:</b> Lot 14. Darwin, Charles. 1809-1882. <i>On the Origin of Species by Means of Natural Selection... 1859.</i>. US$ 60,000-80,000.
    <b>Bonhams September 21:</b> Lot 46. Smith, Adam. 1723-1790. <i>An Inquiry into the Nature and Causes of the Wealth of Nations.</i> US$ 70,000-90,000.
    <b>Bonhams September 21:</b> Lot 224. CIVIL WAR. Gardner's Photographic Sketch Book of the War [1865-1866]. US$ 120,000-180,000.
    255 — add to caption: First Edition, Subscriber’s Copy
    <b>Bonhams September 21:</b> Lot 270. Serra, Junipero. 1713-1774, ET AL. Pangua, Francisco. Letter in Spanish, 1775. US$ 60,000-90,000.
    <b>Bonhams September 21:</b> Lot 77. Apple 1 Motherboard, with label "Apple Computer 1 / Palo Alto. Ca. Copyright 1976." US$ 300,000-500,000.
    <b>Bonhams September 21:</b> Lot 46. The 1934 Nobel Prize Medal for Physiology or Medicine. Presented to George Minot. US$ 200,000-300,000.
    <b>Bonhams September 21:</b> Lot 39. Darwin, Charles. 1809-1882. Autograph Letter Signed ("Ch. Darwin"). US$ 70,000-90,000.
    <b>Bonhams September 21:</b> Lot 4. Lubieniecki, Stanislaw. 1623-1675. <i>[Theatri Cometici pars posterior] Historia Cometarum...</i> US$ 25,000-35,000.
    <b>Bonhams September 21:</b> Lot 3. Vera rare George III mahogany and engraved brass orrery. US$ 200,000-250,000.
  • <b>Sotheby's Paris, De la bibliothèque Stéphane Mallarmé, 15 October.</b>
    <b>Sotheby's Paris</b>: Lot 163. Stéphane Mallarmé. An autograph manuscript for <i>Un coup de Dés jamais n'abolira le Hasard</i>. [Avril Ou Début MAI 1897]. Est. 500,000-800,000 EUR.
    <b>Sotheby's Paris</b>: Lot 109. Manet, Edouard - Edgar Allan Poe - Stéphane Mallarmé. <i>Le Corbeau. The Raven. 1875</i>. Est 80,000-120,000 EUR.
    <b>Sotheby's Paris</b>: Lot 152. Edgar Degas. <i>Portrait of Stéphane Mallarmé and Auguste Renoir</i>, [16 Décembre 1895]. Est. 40,000-60,000 EUR.
    <b>Sotheby's Paris</b>: Lot 15. Baudelaire, Charles. <i>Les Fleurs du Mal. Paris, Poulet-Malassis et De Broise, 1861.</i> <br>Est. 80,000 - 120,000 EUR.
    <b>Sotheby's Paris, De la bibliothèque Stéphane Mallarmé, 15 October.</b>
    <b>Sotheby's Paris</b>: Lot 137. Mallarmé, Stéphane. Vers Sur un Galet D'Honfleur. [Eté 1892 OU Été 1894.] Est. 5,000-8,000 EUR.
    <b>Sotheby's Paris</b>: Lot 48. Gide, André - Maurice Denis. <i>Le Voyage d'Urien. Paris, Librairie de L’Art indépendant, 1893.</i> Est. 20,000-30,000 EUR.
    <b>Sotheby's Paris</b>: Lot 103. Mallarmé, Stéphane - Edgar Allan Poe. Manuscripts Autographs. [1870-1875 ET 1869]. Est. 80,000-120,000 EUR.
    <b>Sotheby's Paris</b>: Lot 107. [Revue - Stéphane Mallarmé] La Derniere Mode. Gazette du monde et de la famille. Est. 40,000-60,000 EUR.
    <b>Sotheby's Paris, De la bibliothèque Stéphane Mallarmé, 15 October.</b>
    <b>Sotheby's Paris</b>: Lot 110. Mallarmé, Stéphane - Edouard Manet. <i>L’après midi d'un Faune. Églogue. Paris, 1876.</i> Est. 30,000-50,000 EUR.
    <b>Sotheby's Paris</b>: Lot 160. Mallarmé, Stéphane. Premier état D'un Un Coup De Dés Jamais N'Abolira Le Hasard. Manuscrit Autographe. [1897].<br>Est. 60,000-80,000 EUR.
    <b>Sotheby's Paris</b>: Lot 164. Mallarmé, Stephane. 6 jeux d’épreuves Pour un Coup De Dés Jamais N'Abolira Le Hasard De l’édition définitive chez Vollard. Est. 100,000-150,000 EUR.
    <b>Sotheby's Paris</b>: Lot 198. [Méry Laurent] <i>Liber Amicorum De Méry Laurent</i>. 1875-Fin Des Années 1890]. Est. 50,000-80,000 EUR.

Rare Book Monthly

Articles - November - 2009 Issue

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


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>AUCTIONATA Oct 14th:</b> Lot 52. Charles Schulz, Original Peanuts Snoopy Baseball Strip, U.S.A, 1964. Starting price $16,000.
    <b>AUCTIONATA Oct 14th:</b> Lot 6.<br>Maurice Sendak (1928-2012), 'Max, Where the Wild Things Are', Pen & Ink, 2012. Starting price $1,500.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 13.<br>Leo Rijn after Dr. Seuss, Cowfish Maquette, U.S.A, 1998. Signed on stand. Starting price $1,000.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 17.<br>Dr. Seuss, Untitled, Color Pen & Ink, C. 1940. Signed ‘Dr Seuss’ lower left. Starting price $4,000.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 19.<br>Dr. Seuss, ‘I wonder how I offended George…’ Pen & Ink, C. 1930. Starting price $7,500.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 29.<br>Disney Studios, 'Queen, Snow White', Concept Sketch, U.S.A., C. 1937. Starting price $3,000.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 30.<br>Marc Davis, 'Sleeping Beauty in a Meadow', Production Cel, 1959. Signed. Starting price $1,200.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 50.<br>Charles Schulz, Original Peanuts Daily Strip, USA, 1966. Signed 'Schulz'. Starting price $10,000.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 58.<br>Chuck Jones, Signed, hand-painted Production Cels from Duck Dodgers, 1952. Starting price $4,500.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 77.<br>Stan Lee, Marvel Studios, Bishop,<br>X-Men, Production Cel, C.1995. <br>Starting price $240.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 79.<br>Warner Bros, 'New Adventures of Superman', C. 2000. Production Cel. Starting price $300.00.
    <b>AUCTIONATA Oct 14th:</b> Lot 84.<br>Tim Burton, Mayor from Nightmare Before Christmas, C. 1993. Starting price $1,500.00.
  • <b>Swann Auction Galleries Oct 22:</b> Autographs
    <b>Swann Auction Galleries Oct 22:</b> Autograph letter signed by Confederate President Jefferson Davis to Senator John William Clark Watson, Richmond, 1865. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 22:</b> Autograph poem by John Quincy Adams from an album kept by Abby Smith, w. inscription signed by her grandfather, John Adams, 1820s. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 22:</b> Typed letter signed by Theodore Roosevelt to assemblyman Michael A. Schapp, New York, 1913. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 22:</b> Autographs
    <b>Swann Auction Galleries Oct 22:</b> Autograph letter signed by Richard Wagner to Hofkapellmeister Max Seifriz, Zürich, 1853. $7,000 to $10,000.
    <b>Swann Auction Galleries Oct 22:</b> Photograph signed and inscribed by Pyotr Ilyich Tchaikovsky to librettist Paul Collin, 1888. $6,000 to $9,000.
    <b>Swann Auction Galleries Oct 22:</b> <i>Katalog der Wiener Kunstschau</i> signed and inscribed by Egon Schiele, 1916. $6,000 to $9,000.
    <b>Swann Auction Galleries Oct 22:</b> Autographs
    <b>Swann Auction Galleries Oct 22:</b> Letter signed by Mohandas K. Gandhi to Dr. John Haynes Holmes, Sevagram, 1940. $5,000 to $7,500.
    <b>Swann Auction Galleries Oct 22:</b> Photograph signed and inscribed by Marilyn Monroe to Dulce Brito, circa 1957. $4,000 to $6,000.
    <b>Swann Auction Galleries Oct 22:</b> Two typed letters signed by William Faulkner, Los Angeles, 1943. $4,000 to $6,000.

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