• <b>Skinner: Early English Books<br>A Single Owner Sale. July 20, 2018</b>
    <b>Skinner, July 20:</b> Cranmer, Thomas (1489-1556). <i>Catechismus, That is to Say, a Shorte Instruction into Christian Religion...</i> London, 1548. First edition. $12,000 to $18,000
    <b>Skinner, July 20:</b> Donne, John (1572-1631). <i>Pseudo-Martyr.</i> London: Printed by W[illiam] Stansby for Walter Burre, 1610. First edition. $25,000 to $35,000
    <b>Skinner, July 20:</b> Fletcher, Giles (1549?-1611). <i>The Russe Common Wealth, or Maner of Gouernement by the Russe Emperour…</i> London, 1591. First edition. $15,000 to $25,000
    <b>Skinner, July 20:</b> Gabelkover, Oswald (1539-1616). <i>The Boock of Physicke.</i> Dordrecht: Isaack Caen, 1599. First edition. $12,000 to $15,000
    <b>Skinner: Early English Books<br>A Single Owner Sale. July 20, 2018</b>
    <b>Skinner, July 20:</b> Galileo, Galilei (1564-1642) trans. Thomas Salusbury (d. 1666). <i>Mathematical Collections and Translations the First Tome.</i> London, 1661. First edition of Galileo's works in English. $35,000 to $50,000
    <b>Skinner, July 20:</b> Higden, Ranulphus (d. 1364). <i>Polycronicon.</i> Translated by John Trevisa, with the 1357-1460 <i>Continuation</i> by William Caxton. Southwark, 1527. $15,000 to $25,000
    <b>Skinner, July 20:</b> Randolph, Bernard (b. 1643). <i>The Present State of the Morea, Called Anciently Peloponnesus…</i> London, 1689. [Bound with] <i>The Present State of the Islands of the Archipelago…</i> $10,000 to $15,000
    <b>Skinner, July 20:</b> <i>The Great Herball Newly Corrected.</i> London, 1539. Folio, ESTC lists three U.S. copies; the last copy offered at auction was incomplete and sold in 1949. $25,000 to $35,000
  • <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>Swann Auction Galleries:</b> Luis de Lucena, <i>Arte de Ajedres,</i> first edition of the earliest extant manual on modern chess, Salamanca, circa 1496-97. Sold for $68,750.
    <b>Swann Auction Galleries:</b> Carte-de-visite album with 83 images of prominent African Americans & abolitionists, circa 1860s. Sold for $47,500.
    <b>Swann Auction Galleries:</b> Gustav Klimt, <i>Das Werk,</i> Vienna & Leipzig, 1918. Sold for $106,250.
    <b>Swann Auction Galleries:</b> Man Ray, <i>[London Transport] – Keeps London Going,</i> 1938. Sold for $149,000.
    <b>Swann Auction Galleries:</b> Thomas Jefferson, Letter Signed, to Major-General Nathanael Greene, promising reinforcements against Cornwallis, 1781. Sold for $35,000.
    <b>Swann Auction Galleries:</b> Nicolas de Fer, <i>L’Amerique Divisee Selon Letendue de ses Principales Parties,</i> Paris, 1713. Sold for $30,000.
    <b>Swann Auction Galleries:</b> Russell H. Tandy, <i>The Secret in the Old Attic,</i> watercolor, pencil & ink, 1944. Sold for $35,000.
    <b>Swann Auction Galleries:</b> Ernest Hemingway, <i>Three Stories & Ten Poems,</i> first edition of the author's first book, Paris, 1923. Sold for $23,750.
    <b>Swann Auction Galleries:</b> Walker Evans, <i>River Rouge Plant,</i> silver print, 1947. Sold for $57,500.
  • <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Zane Grey, Inscribed photograph album depicting Grey and party at Catalina, fishing, and in Arizona. $700 to $1,000
    <b>Doyle, online only Jul 13-24:</b> Eric Taverner, Salmon Fishing...London: Seeley, Service & Co., 1931. $600 to $900
    <b>Doyle, online only Jul 13-24:</b> The Gentleman Angler. $300 to $500
    <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Ken Robinson, Flyfishers' Progress. [London: The Flyfishers' Club, 2000. $200 to $300
    <b>Doyle, online only Jul 13-24:</b> G. H. Lacy, North Punjab Fishing Club Angler's Handbook. Calcutta: Newman & Co., 1890. $300 to $500
    <b>Doyle, online only Jul 13-24:</b> J. Harrington Keene, Fly-Fishing and Fly-Making for Trout, etc. New York, 1887. $200 to $300
    <b>Doyle, online only: Angling Books from the Collection of Arnold "Jake" Johnson. July 13-24, 2018</b>
    <b>Doyle, online only Jul 13-24:</b> Arthur Macrate, The History of The Tuna Club, Avalon, Santa Catalina Island, California, 1948. $400 to $600
    <b>Doyle, online only Jul 13-24:</b> Joseph D. Bates Jr. Streamer Fly Tying and Fishing. Harrisburg, PA: The Stackpole Company, 1966. $800 to $1,200
    <b>Doyle, online only Jul 13-24:</b> Paul Schmookler and Ingrid V. Sils. Rare and Unusual Fly Tying Materials: A Natural History. $300 to $500
    <b>Doyle, online only Jul 13-24:</b> Herbert Hoover, Fishing For Fun - And To Wash Your Soul. New York: Random House, 1963. $400 to $600

Rare Book Monthly

Articles - December - 2009 Issue

Google Revises Book Settlement - Will It Be Enough?

Amendedgooglesettlement

Google offers an amended settlement.


By Michael Stillman

Google has filed its revised settlement that, if approved, would allow the internet giant to provide access to millions of copyrighted old books online. Next comes the period where objectors can object, after which the court will/may reach a decision. The next hearing is scheduled for February, so a resolution will not come before then.

After Google began scanning old books, many still under copyright, and making them available online, they were sued by groups representing authors and publishers. Google reached a settlement with these parties, one that essentially allowed them to make these books available to the public with sales proceeds being split 63%-37% (Google receiving the 37%). However, many of the copyright holders were unknown, leading others to claim the author and publisher groups had no right to settle this dispute on their behalf. This led to a host of parties objecting to the settlement. Some object that authors who do not want to participate in the settlement must opt out, rather than requiring Google to obtain copyright holders' approval first (opt in). Other parties, including competitors Amazon, Microsoft and Yahoo, objected that Google was obtaining a monopoly on these old books. Finally, the government, concerned Google was obtaining a monopoly, joined the opposition. The result was that the court called for a revised settlement between Google and the author and publisher groups. That revised settlement was filed two weeks ago.

The revised settlement has erased objections by some of the parties, while others remain as adamantly opposed as ever. Among them is the Open Book Alliance, the consortium that includes several Google competitors, which stated, "At its heart, this is the same flawed agreement with the same terminal shortcomings as before." What remains to be seen is how the 800-pound gorilla, also known as the U.S. Department of Justice, will react to the revised terms. Here are a few of the changes in the revised settlement.

Google removed a large block of opponents by agreeing not to make the complete text of foreign books not copyrighted in the U.S. available. Only books from England, Canada, and Australia, besides the U.S., will be made available in full. However, some may still object to Google's continuing to scan such books and make a small "snippet" available for viewing.

The revised settlement allows (but does not require) the Book Rights Registry, an independent group that will monitor access to these books and payment for their use, to provide libraries with more than one free-access terminal. Originally, Google offered public libraries only one terminal of free access to the books. This change should soften, though probably not eliminate, library opposition, as many libraries remained concerned about the cost of accessing the service beyond the guaranteed one free terminal.

The revision seeks to provide greater protection for those copyright holders who remain unknown, and do not file claims for their share of income from use of their books. Originally, they were to be represented by a publisher (who also represents known claimants), and after five years, the unknowns' share of income would have been distributed to the knowns. Now, the unknowns will have their own, independent representative, up to 25% of their income for the next five years can be expended searching for these unknown copyright holders, and the remaining money will be kept for them for a second five years, and only then, and with the court's approval, may be distributed to charities that promote literacy.

Google has agreed not to include books which contain more than 20% musical notation in their database. The original settlement put that percentage at 50%. This appears to have removed the objections of some music publishers.

The issue of competition has been partially addressed, but as to whether sufficiently so to resolve the major roadblock, government opposition, remains to be seen. Certain potentially anticompetitive pricing parameters have been removed, as has a requirement that the independent registry monitoring use of these books extend the terms of any better deals negotiated by Google competitors to Google. However, the revised agreement does not guarantee that anyone other than Google will have the right to offer books from unknown copyright holders without their express approval. This could still afford Google a monopoly. Resolving this issue is a tricky procedure, since it in effect alters copyright law. Such action really should be taken by the legislature to resolve these issues so Google, and anyone else who wishes, can go forward with this very important service. Such legislation would guarantee open competition, and hopefully resolve concerns of one company having absolute control of "orphan" (unknown copyright holder) books, with the ability to set any price they wish.

The court has set February 4, 2010, as the final date to file objections to the revised settlement, with the next hearing to be held on February 18.

Rare Book Monthly

  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 372: Martin Luther King Jr. March for Freedom Now! Placard. Chicago, 1960. 28 x 22”. $3,000 to $6,000
    <b>Potter & Potter Auctions, July. 28:</b> Lot 567: Warhol, Andy. Tate Gallery Exhibition Booklet, Signed on the Cover by Warhol. Tate Gallery, 1971. $700 to $900
    <b>Potter & Potter Auctions, July. 28:</b> Lot 72: Mitchell, Margaret. <i>Gone With the Wind.</i> New York: The Macmillan Co., 1936. First edition, first issue. $4,000 to $5,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 468: Photo Archive Documenting the 1930s—50s Chicago Jazz and Night Club Scene. A significant collection. $2,000 to $4,000
    <b>Potter & Potter Auctions, July. 28:</b> Lot 143: Dr. Seuss. <i>Oh Say Can You Say.</i> 1979, First Edition, Signed. $200 to $300
    <b>Potter & Potter Auctions, July. 28:</b> Lot 285: [Maps] Thomas G. Bradford. <i>A Comprehensive Atlas, Geographical, Historical & Commercial.</i> Boston: William D. Ticknor, 1835. First Edition. $1,600 to $1,800
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 69: Herman Melville. <i>Moby Dick, or The Whale</i>. New York: Random House, 1930. First Kent Trade Edition. $400 to $600
    <b>Potter & Potter Auctions, July. 28:</b> Lot 295: John James Audoban. Group of 148 Lithographs from the Birds of America. Philadelphia: J.T. Bowen, ca. 1840s. $600 to $800
    <b>Potter & Potter Auctions, July. 28:</b> Lot 54: Langston Hughes. <i>One-Way Ticket.</i> New York: Alfred A. Knopf, 1949. First edition. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. July 28, 2018</b>
    <b>Potter & Potter Auctions, July. 28:</b> Lot 7: Ray Bradbury. <i>The Martian Chronicles.</i> With a Wine Label Signed by Bradbury. Garden City: Doubleday, 1950. First edition $300 to $500
    <b>Potter & Potter Auctions, July. 28:</b> Lot 121. Frank L Baum. <i>The Wonderful Wizard of Oz.</i> Chicago: George M. Hill Co., 1899, 1900. First Edition. $4,000 to $5,000.
    <b>Potter & Potter Auctions, July. 28:</b> Lot 369. [Declaration of Independence] Peter Force Engraving of the Declaration of Independence. One page; 29 x 26”. From the "American Archives" 1837-1853 series of books. $15,000 to $20,000
  • <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> SHAKESPEARE, WILLIAM. <i>The Tragedie of Julius Caesar.</i> London, 1623. 1st appearance in print, Complete from the First Folio. Sold for $175,000
    <b>Bonhams, June 12 results:</b> Ernst, Max. <i>Mr. Knife and Miss Fork</i>. Paris, 1932. DELUXE EDITION. Sold for $15,625
    <b>Bonhams, June 12 results:</b> Cage, John. Autograph musical leaf from his Concert for Piano and Orchestra, NY, 1958. Sold for $18,750
    <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> Einstein, Albert. Signed Passport Photo for his US citizenship application. Bermuda, 1935. Sold for $17,500
    <b>Bonhams, June 12 results:</b> Verard, Antoine. Illuminated printed Book of Hours. Paris, 1507. Sold for $7,500
    <b>Bonhams, June 12 results:</b> Wetterkurzschlussel. German Weather Report Codebook - for Enigma use. Berlin, 1942. Sold for $225,000
    <b>Bonhams: September 25, New York</b>
    <b>Bonhams, June 12 results:</b> Morelos y Pavon, Jose Maria. Autograph letter signed to El Virrey Venegas, February 5, 1812. Sold for $6,250
    <b>Bonhams, June 12 results:</b> Milne, A.A. Complete set of <i>Winnie-the-Pooh</i> books. 4 volumes. All first issue points. London, 1924-1928. Sold for $5,250
    <b>Bonhams, June 12 results:</b> A 48-star American Flag, battle worn flown at Guadalcanal and Peleliu, 1942-1944. Sold for $35,000
    <b>Bonhams, June 12 results:</b> Locke, John. Autograph Letter Signed mourning the death of his friend, William Molyneaux, 2 pp, October 27, 1698. Sold for $20,000

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