• <b>Swann Auction Galleries Dec 10:</b><br>Dr. Seuss, pen, ink & watercolor, calendar illustration, Thomas D. Murphy Company, 1937. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Georges Lepape, <i>Sur la Terrasse,</i> gouache & pencil, cover for <i>Vogue,</i> 1930. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Dana Gibson, <i>The Coming Game, Yale vs. Vassar,</i> pen & ink, for <i>Life</i> magazine, 1895. $2,000 to $3,000.
    <b>Swann Auction Galleries Dec 10:</b><br>H.A. Rey, color pencil, charcoal, watercolor & gouache, for <i>Rafi et les 9 singes,</i> 1939. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Ernest H. Shepard, pen & ink, for Kenneth Grahame’s <i>Bertie’s Escapade,</i> 1949. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Schulz, <i>The Biggest Star Measured So Far,</i> ink & wash, original <i>Peanuts</i> cartoon, published 1961. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Saul Steinberg, <i>12 Biographies, A to B,</i> pen & ink with collage, final illustration in his book <i>The Labyrinth,</i> 1960. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b><br>Jo Mielziner, <i>A Streetcar Named Desire,</i> watercolor, graphite & gouache, first color study for the award-winning 1947 production. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Addams, <i>Nevermore,</i> watercolor & ink, for <i>The New Yorker,</i> 1973. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b> James Montgomery Flagg, <i>I Should Worry,</i> watercolor, gouache & graphite, cover for <i>Judge</i> magazine, 1914. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 10:</b> Edward Gorey, <i>Swan Lake, Hunters/Siegfried, Van Rothbart,</i> watercolor, pen & ink, costume designs, 1975. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Ludwig Bemelmans, <i>Sketch for Madeline,</i> gouache & ink. $6,000 to $9,000.
  • <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> [Herberstein, Sigismund von, & al.] <i>Rerum Moscoviticarum…,</i> 4 plates, illustrations, folio, Andreas Wevhelius, Frankfurt, 1600. £1,500 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Bowen (Emmanuel) & Owen (John). <i>Britannia Depicta…,</i> fourth edition, engraved title and 273 maps, 4to, Thomas Bowles, 1753. £700 to £900
    <b>Chiswick Auctions, Nov. 20:</b> Geographical Game.- Jefferys (Thomas). <i>The Royal Geographical Pastime or the Tour of Europe,</i> FIRST EDITION, engraving of Europe, map c. 507 x 665 mm, Thomas Jefferys, 1768. £600 to £800
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Germany.- Homann (Johann Baptist). <i>Atlas Novus Terrarum Orbis Imperia... Atlas von Deutschland,</i> engraved half title, 87 maps only, folio, Erben, Nuremberg, 1753. £8,000 to £10,000
    <b>Chiswick Auctions, Nov. 20:</b> Iceland [Løvenørns (Poul)]. <i>Beskrivelse over den Iislandske…,</i> 10 engraved maps and plates, vignettes, 4to, Copenhagen, F. W. Thiele, 1788. £600 to £800
    <b>Chiswick Auctions, Nov. 20:</b> Lewis (John Frederick). <i>Illustrations of Constantinople…,</i> FIRST EDITION, frontispiece and 26 views folio, T. McLean, D.& P. Colnaghi & John F. Lewis, [1838]. £2,000 to £3,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Lilford (Lord, Thomas Littleton Powys, 4th Baron). <i>Coloured Figures of the Birds of the British Islands,</i> 7 vol., second edition, [one of 450 sets], 421 plates, large 8vo, 1891-97. £1,800 to £2,200
    <b>Chiswick Auctions, Nov. 20:</b> Londres [panorama], engraving, 350 x 520mm, chez Baltazar Moncornet, Paris, c.1666-68. £800 to £1,200
    <b>Chiswick Auctions, Nov. 20:</b> Van Keulen (Joannes). <i> Niewe Pas Caarte Strekkende van Pta Cataon tot Pta Lamtaon…,</i> copper engraved map, hand coloured, 510 x 585mm, Amsterdam, [1753]. £1,200 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Goethe (Johann Wolfgang von). <i> Prologue dans le ciel, Traduction de Gerard de Nerval…,</i> 11 double sheets with calligraphic handwriting, 33 fine gouaches, Philippe Gonin, [Paris, c. 1932]. £400 to £600
    <b>Chiswick Auctions, Nov. 20:</b> Murphy (Jill, author and illustrator) ARR. <i> Peace at Last & The Large Family: All in One Piece,</i> 10 pieces of original artwork from the two books, 1980 & 1987 (12). £1,800 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Rembrandt (Harmensz. van Rijn). Christ at Emmaus: the larger plate, etching and drypoint, 212 x 161mm, sheet 225 x 170mm, 1654. £1,000 to £1,500
  • <b>Christie’s London, Nov. 27:</b> [Peter I, Tsar]. <i>Simboly i emblemata ukazom i blagopovedenii imperatora Petra Alekseevicha [Symbola et emblemata jussu atque auspiciis Petri Alexeidis].</i> Amsterdam, 1705. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> Charlemagne, Adolf. Benefice d'Adieu de Madame Naptal. [St Petersburg: 16th February 1873]. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> [Military. Album.] [An album of drawings of weapons and their accessories, drawn from nature by the Second Cadets Corps.] St Petersburg, 1800. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Pushkin, Alexander. <i>Evgenii Onegin.</i> St Petersburg: Dep. of Public Education, 1825-1832. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Sumarokov, Pavel. <i>Dosugi krymskogo sud’i ili vtoroe puteshestvie v Tavridu. [The Leisure of a Crimean Judge or a Second Tour to Tauris].</i> St Petersburg: Imperial Press, 1803-5. £50,000 to £80,000
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Bohr (Niels). <i>On the Constitution of Atoms and Molecules,</i> first edition, presentation copy, offprint 1913. £20,000 to £30,000
    <b>Forum Auctions, Nov. 21:</b> Shakespeare's Falstaff.- Henry V & Sir John Fastolf. Indenture agreement appointing Fastolf as Keeper of the Bastille of St Anthony at Paris, manuscript in French, 1421. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> World.- Purchas (Samuel). <i>Purchas his Pilgrimes. In Five Books...,</i> 5 vol., first edition, 7 folding engraved maps, contemporary calf, by William Stansby for Henrie Fetherstone, 1625-26. £20,000 to £30,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Book of Hours.- Use of Rouen, manuscript on vellum, in Latin and French, illuminated with 14 full-page miniatures by the workshop or follower of the Maitre de l'Echevinage, Rouen, 1480s. £20,000 t0 £30,000
    <b>Forum Auctions, Nov. 21:</b> Giese (Raban, ?scholar and medical doctor). Album Amicorum of drawing on his travels and acquaintances in Europe 1618-21, 134 watercolour illustrations including c. 60 professional miniatures, 1618-39. £30,000 to £40,000
    <b>Forum Auctions, Nov. 21:</b> Jones (David). 14 Autograph Letters signed, 1952-68; and a small quantity of ephemera (sm. qty). £6,000 to £8,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Constable (John). Various Subjects of Landscape, Characteristic of English Scenery, signed presentation inscription from Constable, 1833. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Rembrandt van Rijn (1606-1669). The Descent from the Cross: Second Plate, etching and engraving, 1633. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Salvin (Francis Henry) and William Brodrick. <i>Falconry in the British Isles,</i> second edition, William Brodrick's copy with 3 original watercolours by him, 1873. £8,000 to £12,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> China.- Helman (Isidore Stanislas Henri). <i>Suite des seize estampes representant les conquetes de l'Empereur de la Chine,</i> 1783-88. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> Pratt (Edward Roger, 1789-1863). Album of 28 watercolours and other works on paper from a journey to ancient sites and monuments in the Mediterranean, [c.1830 and later]. £3,000 to £5,000

Rare Book Monthly

Articles - April - 2011 Issue

Court Strikes Down Google Settlement and Part of Google Books

Googlebooks04-11

Court rules that fewer titles can be made available in Google Books.

"The benefits of Google's book project are many.  Books will become more accessible. Libraries, schools, researchers, and disadvantaged populations will gain access to far more books. Digitization will facilitate the conversion of books to Braille and audio formats, increasing access for individuals with disabilities.  Authors and publishers will benefit as well, as new audiences will be generated and new sources of income created. Older books -- particularly out-of-print books, many of which are falling apart buried in library stacks -- will be preserved and given new life."

 

            - from the Judge's decision in the Google settlement case, before striking it down

 

Naturally, the Court struck down the deal that would have allowed all of these great things to go forward. This is Wonderland we inhabit, where up is down, good is bad, and old laws are applied in such a literalistic fashion as to have no relation to reality. It's like saying the government can tap your phone whenever it likes because the founders never specifically said you couldn't tap phones when they wrote the Bill of Rights in 1787.

 

The Google settlement arose out of Google's massive digitization project for old books. Google has scanned millions of books, and now makes them available online, some in totality, some through "snippets," some free, others for a fee.

 

There are three types of books:  (1) out of copyright (pre-1923), (2) out of print but (maybe) still under copyright, and (3) in print. Google has a legal right to digitize and make available to the public those in #1 (out of copyright). Google has not attempted to digitize those in #3 (in print). The problem arises with those in the middle, books no longer in print, but possibly still under copyright.

 

Normally, if you want to use and republish someone's copyrighted work, you should first seek their permission. This was essentially the basis of Judge Denny Chin's decision. However, there is a problem here, what is generally referred to as "orphan books." Locating the holders of the copyrights of these books is virtually impossible. Anyone, with a little digging, can figure out who still holds the copyright for Gone With the Wind or The Great Gatsby. However, for every Gatsby there are thousands of books that disappeared from print decades ago, their authors long dead and forgotten, and whoever may own their copyrights essentially impossible to find. Chances are the legal copyright holders are a bunch of grandchildren or great grandchildren who don't know they hold these legal rights. They may not even know that Grandma wrote a book in 1925 that has been out of print and hasn't earned a nickel for anyone in 85 years. These books may be valuable for researchers and others, but fewer and fewer copies can still be found in libraries. Then, along comes Google, digitizes them for nothing, makes it possible to do keyword searches inside the book to find obscure references, and makes them instantly available to everyone around the world through the internet. Too good to be true? Apparently.

 

Organizations representing writers and publishers sued Google to prevent it from making these books available to the public without proper recompense. Fair enough. The copyright holders have legitimate rights. So, they sued. After long negotiations, Google reached a settlement with these organizations, the settlement that was just struck down by the court. It essentially provided that 63% of the proceeds from selling digital copies of these books would go to funds on behalf of the copyright holders, while Google would get the rest for the enormous investment in digitizing the books and making them available. Authors who put in their claims would be paid, funds due those who could not be found would be held for five years, and then given to literary charities. Any authors who objected to this arrangement could opt out and Google would strike their books from their database. This appeared to be a reasonable enough settlement for all parties involved.

 

Not so fast. A whole host of objections were raised, but the two that seemed to most reach the Judge's ear were copyright violation and anti-trust concerns. First come the copyright issues. We can have children living in rat-infested hovels, no food on the table, crime at the door, parents on drugs, and you will not get anywhere near the indignation that you will over the copyright rights of a long-dead person to a book no one has bought in decades. It's touching. The number of corporations, organizations, and individuals standing up to this terrible wrong was overwhelming. Some 500 petitions were filed with the court, the "vast majority" in opposition. It may be too late to protect Grandma, but we can still protect the rights of her 40 great-grandchildren to their 1/40th share in something financially worthless, and prevent the world from having access to this material in the process. Microsoft, Amazon, Yahoo, and a host of others, many competitors, objected. And, even though the settlement required Google to use "commercially reasonable efforts" to locate the rights holders, and let any who wished withdraw their books from the settlement's terms, the court just could not abide the injustice.

 

The court quoted a letter from two literary agents who "expressed this concern eloquently":  "The situation we find ourselves in now is one of dismay and powerlessness, with only the weak ability to "object" or opt out. We beseech you to give authors back their rights." Powerlessness? Dismay? Weak ability to opt out? They send one notice to Google and they are out of this agreement forever. This is powerlessness? Literary agents don't know how to send a letter? We beseech you to get real.


Posted On: 2011-04-01 00:00
User Name: jimhdc

If grandma's book is remotely of interest to researchers it will be digitized. The technology, interest and resources to do this exist without G. B


Posted On: 2011-04-01 00:00
User Name: jimhdc

... Under the agreement G. would have effectively obtained for itself the exclusive power to decide if, when, under what terms, and how accurately th


Posted On: 2011-04-02 00:00
User Name: navyboy

Ahhhhh - but finding those 40 grandchildren might be possible - just ask anyone interested in family history research. This may just open up an inc


Rare Book Monthly

  • <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
  • <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> London, 1673. FIRST SEPARATE AND FIRST QUARTO EDITION. THE CHARLTON HESTON COPY. $80,000 to $120,000.
    <b>Bonhams, Dec. 5:</b> HEMINGWAY, ERNEST. <i>In Our Time.</i> Paris, 1924. FIRST EDITION, PRESENTATION COPY. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> HAWTHORNE, NATHANIEL. <i>Fanshawe, A Tale.</i> Boston, 1828. FIRST EDITION OF AUTHOR'S FIRST BOOK. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> THOREAU, HENRY DAVID. <i>Walden; Or, Life in the Woods.</i> Boston, 1854. FINE COPY OF THE FIRST EDITION. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories, and Tragedies.</i> London, 1685. THE FOURTH FOLIO, Brewster/Bentley issue. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> STEIG, WILLIAM. Original maquette and 58 finished drawings for <i>The Agony in the Kindergarten,</i> one of Steig's most important books. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> VERNE, JULES. <i>A Journey to the Centre of the Earth.</i> New York & London, 1872. FIRST EDITION, RARE AMERICAN ISSUE, with Scribner & Welford cancel title. $5,000 to $8,000.
    <b>Bonhams, Dec. 5:</b> KING, STEPHEN. <i>Carrie.</i> New York, 1974. INSCRIBED FIRST EDITION, OF AUTHOR'S FIRST BOOK. $1,200 to $1,800.
    <b>Bonhams, Dec. 4:</b> APPLE MACINTOSH PROTOTYPE. 1983. The earliest known Macintosh with "Twiggy" drive, one of only two known working machines. $120,000 to $180,000.
    <b>Bonhams, Dec. 4:</b> PLATO. <i>Timaeus</i> [AND] <i>Critias</i> [from Ficini's 1484 Opera]. A LANDMARK OF SCIENTIFIC THOUGHT. $80,000 to $120,000.
    <b>Bonhams, Dec. 4:</b> LOVELACE, AUGUSTA ADA. Sketch of the Analytical Engine Invented by Charles Babbage Esq. London, 1843. FIRST EDITION, JOURNAL ISSUE, MOST IMPORTANT PAPER IN EARLY DIGITAL COMPUTING. $15,000 to $20,000.
    <b>Bonhams, Dec. 4:</b> APPLE-1 COMPUTER. Signed by Steve Wozniak, used in development of Apple II. $200,000 to $300,000.
    <b>Bonhams, Dec. 4:</b> DARWIN, CHARLES. 1809-1882. <i>On the Origin of Species By Means of Natural Selection.</i> London, 1859. FIRST EDITION. $80,000 to $120,000.
  • <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Fust-Schöffer-Bibel from Gutenberg-Press, 1462. Est: € 1,000,000
    <b>Ketterer Rare Books, November 25:</b><br>J. W. Weinmann, <i>Phytanthoza-Iconographia,</i> 1735-45. Est: € 60,000
    <b>Ketterer Rare Books, November 25:</b><br>O. Kokoschka, <i>Die träumenden Knaben,</i> 1917. Est: € 10,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>Z. Lilius, <i>Orbis breviarium,</i> 1493. <br>Est: € 10,000
    <b>Ketterer Rare Books, November 25:</b> <i>Gazette du Bon Ton,</i> 1912-22.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>M. Chagall, <i>Daphnis & Chloé,</i> 1961. Est: € 100,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>C. Ptolemaeus, <i>Geographie,</i> 1513.<br>Est: € 100,000
    <b>Ketterer Rare Books, November 25:</b><br>E. L. Kirchner, <i>Umbra vitae,</i> 1924.<br>Est: € 6,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Miró, <i>Midi le trèfle blanc,</i> 1968. Est: € 2,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Clemens V., <i>Constitutiones,</i> 1471.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>C. Gesner, <i>Tierbuch, Vogelbuch, Fischbuch,</i> 1563-81. Est: € 5,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Itten, <i>Utopia,</i> 1921. Est: € 2,000

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