• <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>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>Announcing a new Books for Sale platform hosted by Biblio!</b>
    <b>List your books simultaneously on Rare Book Hub and Biblio!</b>
  • <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…

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>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> FRENCH REVOLUTION 1793. Déclaration des droits de l’Homme. 2,55 x 1,30m.A 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. Vedute di Roma, 1748-1775. 107 etchings. An exceptional copy. printed and bound before 1780. Est. €50,000 - 80,000
    <b>Sotheby’s Paris, Oct. 30:</b> SADE. Autograph annotations by Sade facing 12 erotic drawings for Juliette. Est. €40,000 – 60,000
  • <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
  • <b>Forum Auctions:<br>The Moon: Vintage NASA Photographs 1964-1972 (Online Only). Now through October 18</b>
    <b>Forum Auctions, Now thru Oct. 18:</b> "The world's first view of the Earth taken by a spacecraft from the vicinity of the Moon" (NASA), Lunar Orbiter 1, 23 August 1966. Est. £600 to £800
    <b>Forum Auctions, Now thru Oct. 18:</b> Anders (William). The first Earthrise seen by Man, Apollo 8, December 1968. Est. £1,500 to £2,000
    <b>Forum Auctions, Now thru Oct. 18:</b> Armstrong (Neil). The first photograph taken by Armstrong after setting foot on the Moon, Apollo 11, July 1969. Est. £600 to £800
    <b>Forum Auctions:<br>The Moon: Vintage NASA Photographs 1964-1972 (Online Only). Now through October 18</b>
    <b>Forum Auctions, Now thru Oct. 18:</b> Aldrin (Buzz). Aldrin's bootprint in the pristine lunar dust, Apollo 11, July 1969. Est. £600 to £800
    <b>Forum Auctions, Now thru Oct. 18:</b> Armstrong (Neil). Buzz Aldrin with the LM and Armstrong reflected in his visor, Apollo 11, July 1969. Est. £1,000 to £1,500
    <b>Forum Auctions, Now thru Oct. 18:</b> Full Moon seen from the receding spacecraft, Apollo 13, April 1970. Est £300 to £500
    <b>Forum Auctions:<br>The Moon: Vintage NASA Photographs 1964-1972 (Online Only). Now through October 18</b>
    <b>Forum Auctions, Now thru Oct. 18:</b> Craters Copernicus and Reinhold, Apollo 12, November 1969. Est. £300 to £500
    <b>Forum Auctions, Now thru Oct. 18:</b> Conrad (Pete). The photographer reflected in Alan Bean's gold-plated sun visor, Apollo 12, November 1969. Est. £800 to £1,200
    <b>Forum Auctions, Now thru Oct. 18:</b> Scott (David). James Irwin and the Rover, Mount Hadley beyond, Apollo 15, August 1951. Est. £400 to £600
    <b>Forum Auctions:<br>The Moon: Vintage NASA Photographs 1964-1972 (Online Only). Now through October 18</b>
    <b>Forum Auctions, Now thru Oct. 18:</b> Duke (Charles). John Young's jumping salute in lunar gravity, Apollo 16, April 1972. Est. £600 to £800
    <b>Forum Auctions, Now thru Oct. 18:</b> Cernan (Eugene). Harrison Schmitt with the flag, the Earth overhead, Apollo 17, December 1972. Est. £800 to £1,200
    <b>Forum Auctions, Now thru Oct. 18:</b> Evans (Ronald). The last Earthrise over the Moon seen by man, Apollo 17, December 1972. Est. £800 to £1,200
  • <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

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