• <b>Fonsie Mealy Auctioneers: Rare Books, Literature & Sporting Collectibles. May 30, 2017</b>
    <b>Fonsie Mealy May 30:</b> Joyce (James), An Original Manuscript Page of text from <i>Finnegan’s Wake</i>, the opening of the Anna Livia Plurabelle section. €7,500-10,000
    <b>Fonsie Mealy May 30:</b> Joyce (James), <i>Chamber Music,</i> 1907. First Edition of his First Book, First Issue. €1,500-2,000
    <b>Fonsie Mealy May 30:</b> Lady Gregory’s Copy Signed by W.B. Yeats, Cuala Press: Yeats (W.B.), <i>Poems Written in Discouragement</i>, 1913. Limited to 50 Copies Only. €2,500-4,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature & Sporting Collectibles. May 30, 2017</b>
    <b>Fonsie Mealy May 30:</b> A Twentieth Century Masterpiece: O’Brien (Flann), <i>At Swim-Two-Birds</i>, 8vo, 1939. First Edn. €1,750-2,500
    <b>Fonsie Mealy May 30:</b> The Missing Log of the H.M.S. Liffey Manuscript Journal, 1867. €1,500-2,000
    <b>Fonsie Mealy May 30:</b> Exceptionally Rare First Publication: Gregory (Augusta Lady), <i>Over the River: An appeal for aid to a poor parish in South London</i>. 1887. €1,000-1,500
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature & Sporting Collectibles. May 30, 2017</b>
    <b>Fonsie Mealy May 30:</b> Ex. Rare Irish Broadsheet: An Irish Perspective on the Execution of Louis XVI, 1793 Broadsheet with engraving of the event, headed: “Massacre of the French King.” €500-700
    <b>Fonsie Mealy May 30:</b> Original Manuscript Poem, Heaney (Seamus), <i>The Schoolbag</i>. In Memoriam John Hewitt. Signed and dated November 8 1991. €1,000-1,500
    <b>Fonsie Mealy May 30:</b> Sowerby (J.E.), <i>English Botany; or Coloured Figures of British Plants</i>. Ed. by J.T. Boswell Syme. 10 vols, with 1696 hand-coloured plates. €750-1,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature & Sporting Collectibles. May 30, 2017</b>
    <b>Fonsie Mealy May 30:</b> Collection of Signed First Editions incl. Francis (Dick), <i>Nerve</i> (London 1964); <i>For Kicks</i> (London 1965); <i>Forfeit</i> (London 1968). €400-500
    <b>Fonsie Mealy May 30:</b> Le Carre (John), <i>The Spy who came in from the Cold</i>, 8vo, 1963, First Edn., with author’s signature tipped in on t.p. €350-500
    <b>Fonsie Mealy May 30:</b> Adams (Richard), <i>Watership Down</i>, 8vo, 1976, First Illustrated Edn., Signed on f.e.p. by Author & Artist, and also signed by Artist on hf. title. €200-300
  • <b>Swann Auction Galleries Jun 7: Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Jun 7:</b><br>Shaw & Nodder, <i>The Naturalist's Miscellany</i>, complete, London, 1789-1813. $10,000 to $15,000.
    <b>Swann Auction Galleries Jun 7:</b> Samuel Baker, <i>A New and Exact Map of the Island of St. Christopher</i>, London, 1753. $20,000 to $30,000.
    <b>Swann Auction Galleries Jun 7:</b> Henry Briggs, <i>The North Part of America</i>, London, 1625. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7: Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Jun 7:</b><br>John James Audubon, <i>Herring Gull</i>, CCXCI, hand-colored plate, London, 1836. $7,000 to $10,000. 
    <b>Swann Auction Galleries Jun 7:</b> Montanus & Ogilby, <i>America: Being the Latest, and Most Accurate Description of the New World</i>, London, 1671. $10,000 to $15,000. 
    <b>Swann Auction Galleries Jun 7:</b> Robert Cruikshank, portfolio of 25 watercolors, London, 1830s. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7: Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Jun 7:</b> Group of 55 French watercolors depicting the life and deeds of Napoleon, 1800s. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7:</b> Aaron & Samuel Arrowsmith, <i>Chart of the Sandwich Islands</i>, London, 1830. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7:</b> Herman Moll, <i>A New and Exact Map of the Dominions of the King of Great Britain</i>, London, 1735. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7: Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Jun 7:</b> Jacques-Nicolas Bellin,<i> L'Hydrographie Françoise</i>, Paris, circa 1770. $15,000 to $20,000.
    <b>Swann Auction Galleries Jun 7:</b> Joseph Frederick Wallet Des Barres, <i>Charlestown the Capital of South Carolina</i>, London, 1780. $8,000 to $12,000.
    <b>Swann Auction Galleries Jun 7:</b> Arnold Colom, <i>Pascaarte van Nieu Nederlandt</i>, Amsterdam, circa 1658. $7,000 to $10,000.
  • <b>Bubb Kuyper Auctions: Sale of Books, Prints and Manuscripts.<br>May 30 – June 2, 2017</b>
    <b>Bubb Kuyper Auctions May 30:</b> Hobson, R.L. <i>A catalogue of Chinese pottery and porcelain in the collection of Sir Percival David</i> (London, 1934). Est. € 8.000-10.000
    <b>Bubb Kuyper Auctions May 30:</b> Chagall, M. <i>Drawings for the bible</i>. (Paris, 1960). Est. € 1.500-2.500
    <b>Bubb Kuyper Auctions May 30:</b> Zwart, P. [N.K.F.]. <i>Delft kabels</i> (Delft, 1933). Est. € 20.000-30.000
    <b>Bubb Kuyper Auctions: Sale of Books, Prints and Manuscripts.<br>May 30 – June 2, 2017</b>
    <b>Bubb Kuyper Auctions May 30:</b> Zwart, P. [N.K.F.]. <i>Normalieënboekje</i> (Delft, 1924-1926). Est. € 30.000-50.000
    <b>Bubb Kuyper Auctions May 30:</b> [Russian children's books]. Mayakovsky, V. Kem byt'? (What to be?) (Moscow, 1932). Est. € 500-700
    <b>Bubb Kuyper Auctions May 30:</b> [Léger, F.]. Cendrars, B. <i>La Fin du Monde filmée par l'Ange</i> N.-D (Paris, 1919). Est. € 2.000-3.000
    <b>Bubb Kuyper Auctions: Sale of Books, Prints and Manuscripts.<br>May 30 – June 2, 2017</b>
    <b>Bubb Kuyper Auctions May 31:</b><br>La Roche, E. <i>Indische Baukunst</i> (Munich, 1921-1922). Est. € 3.000-5.000
    <b>Bubb Kuyper Auctions May 31:</b> Blume, C.L. <i>Flora Javae nec non insularum adjacentium./ Flora Javae nec non insularum adjacentium </i> (Brussels, 1828). Est. € 7.000-9.000
    <b>Bubb Kuyper Auctions May 31:</b> <i>Description de l'Égypte (…) pendant l'expédition de l'armée francaise</i> (Paris, 1820-1829). Est. € 30.000-50.000
    <b>Bubb Kuyper Auctions: Sale of Books, Prints and Manuscripts.<br>May 30 – June 2, 2017</b>
    <b>Bubb Kuyper Auctions May 31:</b><br>La Fontaine, J. de. <i>Fables choisies, mises en vers </i> (Paris, 1756).<br>Est. € 1.500-2.500
    <b>Bubb Kuyper Auctions May 31:</b> [VOC and WIC]. Pelsaert, F. <i>Ongeluckige Voyagie, Van 't Schip Batavia, Nae de Oost-Indien</i> (Amsterdam, 1647).<br>Est. € 40.000-60.000
    <b>Bubb Kuyper Auctions June 2:</b> Goya y Lucientes, F.J. de. <i>La Taureaumachie </i> (Paris, 1876), 40 etchings and aquatints. Est. € 8.000-10.000
  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant

Rare Book Monthly

Articles - March - 2010 Issue

The Google Books Case: A Bridge Too Far?

Sodistnycourt

The Google case is being heard in the Southern District of New York Federal Court.


By Michael Stillman

The legal case over Google's plan to digitize millions of out of print but copyrighted books continues to drag on, a federal judge overwhelmed with arguments both pro and con. Judge Denny Chin of the Federal District Court for Southern New York heard further arguments from the seemingly limitless number of parties and declared there was "too much to digest" to make a quick decision. The Judge is going to need a case of Pepto-Bismol to digest all of the self-righteous and self-interested arguments inundating his in-box. This case presents a microcosm of why America doesn't work anymore.

Meanwhile, the government stepped in and, while being sympathetic to the aim of making these millions of forgotten books once again available to the public, labeled the Google proposal "a bridge too far." Unfortunately, opponents only offer a bridge to nowhere, or more accurately, no bridge at all. The Department of Justice is unhappy that the settlement may co-opt copyright law, but copyright law cannot deal with the current situation, and the legislature, which should be taking the lead, is so gridlocked it could not pass a resolution wishing everyone a good day without one side or the other voting or filibustering it down. So now Google, one of those rare American institutions that actually works, gets dragged into the maelstrom. Not that its answer is without flaws; it's just that its opponents offer reams of complaints with no solutions.

As a quick review, the problem arose when Google began its massive digitization process to make millions of old, out-of-print books available electronically. While most are out of copyright, there are still millions of books, potentially anything published after 1923, that is still under copyright. However, most of the older books in this group are long out of print, very difficult to find, and of no further financial benefit to the copyright holders, printing of them having ceased decades ago. Nevertheless, and abetted by a government which extended copyrights to almost a century a few years back, they are officially still under copyright. And, while technically Google should seek the copyright holders' permission first, rather than digitize the books and see if those holders object (which is what they did), such is essentially impossible as those authors may have died many years ago, and who now owns the copyrights is virtually impossible to determine (those who would have inherited the copyrights to obscure books likely don't even know themselves).

When Google chose to go ahead and digitize these old books anyway, two groups representing authors and publishers sued. Google reached a settlement with these groups, which in effect provides 37% of revenues from selling electronic copies to Google and 63% to the copyright holders, or, if they cannot be found, charity. This settlement, however, resulted in a host of objections from others, from competitors such as Microsoft, Yahoo and Amazon, to various government entities, other author and publisher groups, some academics, some library groups, and others with their own particular bone to pick. On Google's side, are other librarians and academics, including the University of Michigan's library, Sony (which makes an electronic reader that competes with Amazon's), some authors, and various organizations such as the National Federation of the Blind that foresees Google's library and voice conversion software opening access to these books to those who cannot see.

So, here is our perspective. It comes not from the interests of Google or Microsoft, Sony or Amazon, but what we believe to be the public interest. The others will take care of themselves, but someone needs to watch out for us.

1. What Google is doing is of enormous benefit to us. Their motivation, be it altruistic or economic, matters not at all. Gaining access to the information in millions of old books, most virtually unobtainable, others requiring searching through libraries far away (presuming they let us in), is of enormous benefit to research, entertainment, and knowledge. This is very, very good.

2. It is irrelevant whether Google makes a ton of money on this, nothing, or loses money. That is their issue. We need to act in a way that best serves the public interest.

3. While seeking permission first to use a copyrighted work is the proper order, in a case where you have 80-year-old copyrights filed by long-dead people and whose ownership is now unknown and impossible to affordably trace, this nicety doesn't work. Where the public interest is involved, and access to knowledge is a major public interest, adaptations, such as requiring the copyright holders, should they still exist, to demand the books be removed is not an unreasonable burden. Copyright laws exist to protect the public interest in the first place. And, when Congress extended those copyrights a few years back to last almost 100 years, under the absurd claim that authors won't write books if they know their great-grandchildren will lose their non-existent royalties only 50 years after they die, instead of 70, Congress was not acting in the public interest. This was Mickey Mouse legislation, literally, as Congress sought to protect the Disney Company's copyright on Mickey Mouse, and made reams of valuable information unavailable to the rest of us in the process. Unfortunately, it's companies like Disney that fill the campaign coffers.

Rare Book Monthly

  • <b>Bonhams: Fine Books and Manuscripts, Including Illustration Art. June 7, 2017</b>
    <b>Bonhams June 7:</b> The 1936 Nobel Prize Medal for Physics, Presented to Victor Franz Hess for His Discovery of Cosmic Radiation. $300,000 to $500,000
    <b>Bonhams June 7:</b> Sangorski & Sutcliffe: Jewelled Binding. Byron, Lord [George Gordon]. An illuminated manuscript on vellum, being Byron's <i>Ode to Napoleon.</i> $40,000 to $60,000
    <b>Bonhams June 7:</b> Ruscha, Ed. Complete Set of 16 Artist's Books by Ed Ruscha. Various Places: Various Publishers, 1968-1973. All first printings, seven signed or with early inscriptions. $70,000 to $90,000
    <b>Bonhams: Fine Books and Manuscripts, Including Illustration Art. June 7, 2017</b>
    <b>Bonhams June 7:</b> McKenney, Thomas L. and James Hall. <i>History of the Indian Tribes of North America.</i> Fine and unsophisticated subscriber's copy in early state. $40,000 to $60,000
    <b>Bonhams June 7:</b> Williams, Thomas Lanier ("Tennessee Williams"). Producer Charles K. Feldman's file on the production of <i>The Glass Menagerie</i>(Warner Bros., 1950). $30,000 to $50,000
    <b>Bonhams June 7:</b> Lee, Harper. Archive of correspondence including 35 autograph letters signed (mostly "Harper", but a few "H", "H.L." or "Nelle Harper"). $25,000 to $35,000
    <b>Bonhams: Fine Books and Manuscripts, Including Illustration Art. June 7, 2017</b>
    <b>Bonhams June 7:</b> Tocqueville, Alexis de. <i>De la Démocratie en Amérique.</i> First editions of both parts of Tocqueville's classic <i>Democracy In America</i>. $20,000 to $30,000
    <b>Bonhams June 7:</b> Complete set of all periodical publications of The Royal Geographical Society 1831-1948, comprising 203 volumes with thousands of plates and maps, many folding. $20,000 to $30,000
    <b>Bonhams June 7:</b> Alchemy. Loewens and Richard. <i>Universal Medicin ex regulo stellato.</i> Original alchemical manuscript written in German and Latin, ink on paper. $15,000 to $20,000
    <b>Bonhams: Fine Books and Manuscripts, Including Illustration Art. June 7, 2017</b>
    <b>Bonhams June 7:</b> Bray, Anna Eliza. <i>Life of Thomas Stothard, R.A. with Personal Reminiscences.</i> Remarkable 10-volume collection of Stothard's work, expansively extra-illustrated. $12,000 to $18,000
    <b>Bonhams June 7:</b> Algren, Nelson. Producer Charles Feldman's extensive production archive of <i>Walk on the Wild Side</i> (Columbia 1962). $12,000 to $18,000
    <b>Bonhams June 7:</b> Elliot, Daniel Giraud. <i>The New and Heretofore Unfigured Species of the Birds of North America.</i> First edition, one of only 200 copies printed. $10,000 to $15,000
  • <b>Skinner Fine Books & Manuscripts: Books & Manuscripts Online Auction. May 23 - June 2, 2017</b>
    <b>Skinner Auction May 23 - Jun 2:</b> Andrew Wyeth, an archive of 43 unpublished letters. $80,000-120,000 [lot 1106]
    <b>Skinner Auction May 23 - Jun 2:</b> Abraham Lincoln, signed document granting pensions to surviving Revolutionary War Veterans, 1865. $60,000-80,000 [lot 1058]
    <b>Skinner Auction May 23 - Jun 2:</b> Forlani Map of North America, 1566. $40,000-60,000 [lot 1555]
    <b>Skinner Fine Books & Manuscripts: Books & Manuscripts Online Auction. May 23 - June 2, 2017</b>
    <b>Skinner Auction May 23 - Jun 2:</b> <i>Journal des Dames et des Modes</i>, 1912-1914. $4,000-6,000 [lot 1294]
    <b>Skinner Auction May 23 - Jun 2:</b> Book of Hours, Use of Rouen, late 14th Century. $30,000-40,000 [lot 1162]
    <b>Skinner Auction May 23 - Jun 2:</b> Schedel, World Map, 1493. $5,000-7,000 [lot 1589]
    <b>Skinner Fine Books & Manuscripts: Books & Manuscripts Online Auction. May 23 - June 2, 2017</b>
    <b>Skinner Auction May 23 - Jun 2:</b> Sir Isaac Newton’s copy of <i>Le Grand’s Institutio Philosophiae</i>, 1675. $5,000-7,000 [lot 1308]
    <b>Skinner Auction May 23 - Jun 2:</b> Muhammad Mu'min Husaini’s Tuhfat al-Mu'minin, 17th century Persian medical manuscript on paper. $4,000-6,000 [lot 1118]
    <b>Skinner Auction May 23 - Jun 2:</b> Persian Calligraphy, an album. $4,000-6,000 [lot 1119]
    <b>Skinner Fine Books & Manuscripts: Books & Manuscripts Online Auction. May 23 - June 2, 2017</b>
    <b>Skinner Auction May 23 - Jun 2:</b> Edgar Allan Poe, <i>Tales</i>, New York: Wiley & Putnam, 1845. $3,00-5,000 [lot 1361]
    <b>Skinner Auction May 23 - Jun 2:</b> English New Testament, Douay-Rheims, 1582, first edition. $10,000-15,000 [lot 1154]
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868

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