• <b>Bonhams, Feb. 11:</b> A Rare 3-rotor German Enigma I Enciphering Machine. $70,000 to $90,000
    <b>Bonhams, Feb. 11:</b> Important collection of correspondence between Werner Heisenberg and Bruno Rossi. $40,000 to $60,000
    <b>Bonhams, Feb. 11:</b> Walt Whitman Autograph manuscript containing his thoughts on death. $20,000 to $30,000
    <b>Bonhams, Feb. 11:</b> David Roberts. <i>Holy Land</i>. Six volumes. 1842-1849. First edition. $15,000 to $25,000
    <b>Bonhams, Feb. 11:</b> Extensive collection of Ray Bradbury's primary works, most signed or inscribed. $15,000 to $20,000
    <b>Bonhams, Feb. 11:</b> Peter Force. Declaration of Independence. $12,000 to $18,000
    <b>Bonhams, Feb. 11:</b> Steinbeck. <i>Grapes of Wrath</i>. A fine copy of the first edition. $10,000 to $15,000
    <b>Bonhams, Feb. 11:</b> Lewis & Clark. <i>Travels to the Source of the Missouri River</i>... First English edition, extra-illustrated. 1814. $10,000 to 15,000
    <b>Bonhams, Feb. 11:</b> Manuscript document signed by Nuno de Guzman relating to Hernan Cortes, 1528. $8,000 to $12,000
    <b>Bonhams, Feb. 11:</b> “Nos los inquisidores..." The first book in English printed West of the Mississippi. [1787]. $5,000 to $8,000.
  • <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>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> <i>The Massachusetts Magazine: or Monthly Museum of Knowledge and Rational Entertainment,</i> 1789. Signed by George Washington. $28,000 to $32,000
    <b>Case Antiques, Jan. 27:</b> George Washington Signed Letter to John Marshall. $12,000 to $14,000
    <b>Case Antiques, Jan. 27:</b> Picasso Signed “Vallauris” 1952 Exhibition Poster. $6,000 to $8,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Military appointment commission document signed by both President Thomas Jefferson and Secretary of War Henry Dearborn, dated January 27, 1803. $2,400 to $2,800
    <b>Case Antiques, Jan. 27:</b> Doris Ulmann and Julia Peterkin. <i>Roll, Jordan, Roll.</i> New York, 1933, deluxe edition, preceding first edition of the same year. No. 74 of 350. $5,000 to $6,000
    <b>Case Antiques, Jan. 27:</b> John Marshall. <i>The Life of George Washington,</i> Philadelphia, 1832. Signed by author. $5,000 to $7,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Samuel L. Margolies (American, 1897-1974). Aquatint and etching, "Builders of Babylon," 1937. $4,000 to $4,500
    <b>Case Antiques, Jan. 27:</b> Two Robert E. Lee (1807-1870) signed documents as President of Washington College. $3,000 to $3,500
    <b>Case Antiques, Jan. 27:</b> William C. Harris. <i>The Fishes of North America That Are Captured on Hook and Line</i>, Vol I., New York, 1898. 40 chromolithograph plates. $2,000 to $2,500
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> $100 "Date Back" bank note 1902 from the Clarksville National Bank, Clarksville, Tennessee, depicting the portrait of John Jay Knox, Jr. $1,400 to $1,800
    <b>Case Antiques, Jan. 27:</b> View of the University of Virginia, Charlottesville and Monticello, Taken from Lewis Mountain, drawn and lithographed by Edward Sachse. $800 to $1,000
    <b>Case Antiques, Jan. 27:</b> Large Civil War photograph mounted on card stock depicting Rossville Gap in Missionary Ridge. $400 to $450
  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 39: Presidential Pardon Signed by John F. Kennedy. November 1962. $7,000 to $9,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 537: Marc Chagall. <i>Illustrations for the Bible</i>. Features 28 lithograph plates. First American edition, 1956. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 252: Jack Kerouac. <i>On the Road</i>. 1957. First edition. $5,000 to $7,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 143: Arthur Rimbaud. <i>A Season in Hell</i>. With photogravures by Robert Mapplethorpe. The Limited Editions Club, 1986. $600 to $800
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 72: Group of 11 Harry Truman Signed Letters. Typed & signed by the former President. 1962-1970. $1,500 to $2,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 157: Arthur Conan Doyle. The Complete Works of Sherlock Holmes by The Limited Editions Club. 8 vols. 1950-52. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 173: Jacob Lawrence. <i>The First Book of Moses, Called Genesis</i>. Illustrated with silkscreens by Lawrence. 1989. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 239: William Faulkner. <i>Sartoris</i>. First edition. New York: Harcourt, Brace, & Company, 1929. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 286: Walt Whitman. New Year’s Eve Postcard Signed, “Walt Whitman,” to the poet Gabriel Sarrazin. January, 1891. $4,000 to $6,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 351: Pair of European Fine Bindings. Including Gesanbuch (1831) & Naboznych Vylevov (1911). $200 to $300
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 423: August Luben. <i> Naturhistorischer Atlas der Saugethiere </i>. Includes complete set of 30 loose plates. Leipzig: 1858. $1,000 to $1,500
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 386: <i>Famous Monsters of Filmland No 1</i>. Art by Will Elder, text by Forrest Ackerman. Warren’s first monster magazine. Feb, 1958. $2,000 to $3,000

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>Swann Auction Galleries, Feb 15:</b> Icons & Images: Photographs & Photobooks
    <b>Swann Auction Galleries, Mar 1:</b> Vintage Posters Featuring Highlights from the Gail Chisholm Collection
    <b>Swann Auction Galleries, Mar 8:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries, Mar 13:</b> 19th & 20th Century Prints & Drawings
    <b>Swann Auction Galleries, Mar 22:</b> Autographs
    <b>Swann Auction Galleries, Mar 29:</b> Printed & Manuscript African Americana
    <b>Swann Auction Galleries, Apr 12:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries, Apr 26:</b> Fine Illustrated Books & Graphics
    <b>Swann Auction Galleries May 3:</b> Graphic Design
    <b>Swann Auction Galleries May 15:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries, Jun 7:</b><br>Maps & Atlases, Natural History & Color Plate Books
    <b>Swann Auction Galleries, Jun 21:</b> Revolutionary & Presidential Americana from the Collection of William Wheeler III
  • <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> Snowy Heron, Plate 242. John James Audubon (1785-1851). First Edition Engravings with Original Hand Color. London: Robert Havell, 1827-1838.
    <b>Arader Galleries, Jan. 27:</b> Great Blue Heron, Plate 211. John James Audubon (1785-1851). First Edition Engravings with Original Hand Color. London: Robert Havell, 1827-1838.
    <b>Arader Galleries, Jan. 27:</b> The Clouded Leopard. Charles Robert Knight (1874-1953). Oil on canvas.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> A Bouquet of Daffodils and Other Flowers with a Butterfly on the Stem. Pierre-Joseph Redouté (1759-1840). Black Chalk, Watercolor And Gum Arabic On Vellum.
    <b>Arader Galleries, Jan. 27:</b> CELLARIUS, Andreas (ca 1596-1665). <i>Harmonia macrocosmica seu atlas universalis et Novus</i>. Amsterdam: Pieter Schenk and Gerald Valk, 1708.
    <b>Arader Galleries, Jan. 27:</b> HOMANN, Johann Baptist (1663-1724). <i>Grosser Atlas über die gantze Welt</i>. Nuremburg: J.H.G. Bieling for the heirs of Homann, 1737.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> LEVAILLANT, Francois (1753-1824). <i>Histoire naturelle des perroquets</i>. Paris: Levrault frères (later Levrault, Schoell & Co.), 1801-1805.
    <b>Arader Galleries, Jan. 27:</b> FUCHS, Leonhard (1501-1566). <i>De historia stirpium commentarii insignes. adiectis earundem vivis plusquam quingentis imaginibus</i>… Basel: Michel Isingrin, 1542.
    <b>Arader Galleries, Jan. 27:</b> Original Manuscript Map "Plano De Una Parte De La Provincia De La Luisiana..." AN EXCEPTIONALLY FINE AND HISTORICALLY IMPORTANT MAP SHOWING THE ORIGINS OF THE STATE OF TEXAS AT THE TURN OF THE 19TH CENTURY.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> J. De Cordova's Map of the State of Texas Compiled from the records of the General Land Office of the State by Robert Creuzbaur, Houston. Hand-colored lithograph. New York: J. Atwood, 1850.
    <b>Arader Galleries, Jan. 27:</b> Texas. David Burr (1803-1875). Engraved Map with original hand color in full. New York: J. H. Colton & Co., 1834. Second Edition.
    <b>Arader Galleries, Jan. 27:</b> Map of Texas with Parts of Adjoining States Compiled by Stephen F. Austin. Engraved Map with original hand color. Philadelphia, 1830. First Edition.
  • <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> <i>Verve: Revue Artistique et Littéraire/An Artistic and Literary Quarterly,</i> nos.1-38 in 26 vol [a complete set], numerous colour lithographs by Picasso, Chagall, Matisse & others. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Wesley (John, Church of England clergyman and a founder of Methodism, 1703-91). Autograph Letter signed to Rev. John Bredin, 1782. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Austen (Jane). Brock (Charles Edward). A group of seventeen ink and watercolour drawings for Dent's edition of Jane Austen's <i>Sense and Sensibility,</i> 1908. £6,000 to £8,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Tibullus (Albius) and Gaius Valerius Catullus. <i>Elegiae, sive Carmina,</i> Venice, Andreas de Paltasichis, 1487. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Doves Press. English Bible (The), 5 vol., one of 500 copies, signed and inscribed by Laurence Hodson, Doves Press, 1903. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Africa. Smith (Andrew). <i>Illustrations of the Zoology of South Africa,</i> 5 vol., first edition, original cloth, [1838-50]. £4,000 to £6,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Longitude. <i>An Act for providing a Publick Reward for such Person or Persons as shall Discover the Longitude at Sea,</i> first edition of this highly important act, John Baskett, 1714. £3,000 to £5,000
    <b>Forum Auctions, Jan. 25:</b> Shirley (James). <i>Six new playes, viz. The Brothers. Sisters. Doubtfull Heir. Imposture. Cardinall. Court secret,</i> first edition, 1653. £3,000 to £4,000
    <b>Forum Auctions, Jan. 25:</b> Heaney (Seamus). <i>Ugolino,</i> number 77 of 125 copies, Dublin, Dolmen Press, 1979. £3,000 to £4,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Lasinio (Carlo, 1759-1838). <i>[Ritratti Originali de Pittori Esistenti Nella Reale Galleria de Firenze],</i> 99 engravings, circa 1791-96. £1,800 to £2,200
    <b>Forum Auctions, Jan. 25:</b> Japan. Kusakabe Kimbei. Photograph Album, 50 hand-coloured albumen prints, oblong folio, [c.1890-1900]. £1,500 to £2,000
    <b>Forum Auctions, Jan. 25:</b> Polar. Expedition in search of Sir John Franklin. Arctic Expedition in search of Sir John Franklin, printed flyer, 1852. £1,000 to £1,500

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