• <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.
  • <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.

Rare Book Monthly

Articles - December - 2009 Issue

Google Revises Book Settlement - Will It Be Enough?


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>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.
  • <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.

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