Rare Book Monthly

Articles - July - 2011 Issue

Google Books Hearing Postponed

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No settlement.

A hearing on the Google Books settlement has been postponed to July with no indication that the parties have been able to overcome the thorny issue that led a judge to strike down the original settlement. At stake is potential online access to millions of books published after 1923 but no longer in print.

 

This case started out as a suit between Google and groups representing authors and publishers over books potentially still under copyright, but long out of print. Google began posting at least portions of such books online, but without permission from copyright holders.  It was not that Google sought to avoid the copyright holders' rights, or evade their responsibility to pay royalties. It was, rather, a case of it being virtually impossible to locate copyright holders of long out of print books, many of whom are long dead, and the inheritors of these rights unknown and even harder to find. Many, undoubtedly, have no idea they inherited the copyright to an obscure book few purchased when it was new, and maybe no one has purchased in over half a century.

 

When Google began posting this material, groups representing authors and publishers sued. This suit led to a settlement between the parties. Google would be permitted to continue scanning and making these books available online for a fee, but 63% of the income obtained from these sales would be set aside for the copyright holders. However, the copyright holders would first have to notify Google of their rights to collect since Google had no practical means of finding them.

 

This agreement satisfied Google and the author and publisher groups, but others, including the U.S. government and different authors and publishers (as well as Google competitors) objected. They said that regardless of what the parties to the settlement thought was fair, allowing anyone to publish copyrighted material without first getting permission violates copyright law and therefore must be struck down. Essentially, the Judge agreed and struck down the settlement.

 

So, it was back to the drawing board for the parties to the original lawsuit, to find a settlement that not only satisfied themselves, but also the Judge and others who objected. Originally, they were to meet with the Judge on April 25, then June 1, and now July 19. The delays are not surprising. This is a seemingly intractable problem. It's not surprising that the parties are having difficulties. The authors and publishers want a fair share, and 63% evidently sounds fair to them. On the other hand, Google needs to be able to scan these books without the headache and cost of trying to track down all of these hard-to-find copyright holders. It's hard to see how they can absorb the cost of trying to locate millions of lost copyright holders for books that will have limited sales for 37% of the revenue, or even 100% for that matter.

 

Unfortunately, this is not an issue Google and the author and publisher groups can readily resolve among themselves now that the Judge has said no to their settlement. Exactly what these parties can do now to keep each other happy, let alone keep those who objected to the original settlement and the Judge satisfied too, is hard to fathom. Someone is going to have to come up with a creative solution or else access to millions of out-of-print, virtually forgotten books will once again be lost. The parties to both the settlement and the later suit will all survive if no settlement is reached. The authors and publishers weren't making any money off of these old books anyway, the objectors for the most part are happy to kill any deal, and this is hardly the biggest kettle of fish on Google's table. The only real losers will be the public. Sorry, loser.


Editor's Note:  For a different perspective and experience from an author see the letter dated in July 1, 2011, in the Letters to the Editor. Click here to view.


Rare Book Monthly

  • <b>Swann Auction Galleries Mar 10:</b> Francis Scott Key, <i>Star Spangled Banner,</i> first printing, c. 1814-16. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar 10:</b> William Sydney Porter, a.k.a. “O. Henry,” archive of drawings made to illustrate a lost mining memoir, c. 1883-84. $30,000 to $40,000.
    <b>Swann Auction Galleries Mar 10:</b> [Bay Psalm Book], printed for Hezekiah Usher of Boston, Cambridge, c. 1648-65. $50,000 to $75,000.
    <b>Swann Auction Galleries Mar 10:</b> Book of Mormon, first edition, Palmyra, 1830. $40,000 to $60,000.
    <b>Swann Auction Galleries Mar 10:</b> <i>Noticia estraordinario,</i> probable first announcement in Mexico City of the fall of the Alamo, 1836. $40,000 to $60,000.
    <b>Swann Auction Galleries Mar 10:</b> Patrick Gass, first edition of earliest first-hand account of the Lewis and Clarke expedition, Pittsburgh, 1807. $6,000 to $9,000.
    <b>Swann Auction Galleries Mar 10:</b> Diploma from the Princeton Class of 1783, commencement attended by Washington & Continental Congress. $10,000 to $15,000.
    <b>Swann Auction Galleries Mar 10:</b> <i>Sprague Light Cavalry!</i> color-printed broadside, NY, 1863. $5,000 to $7,500.
    <b>Swann Auction Galleries Mar 10:</b> <i>The Lincoln & Johnson Union Campaign Songster,</i> Philadelphia, 1864. $3,000 to $4,000.
    <b>Swann Auction Galleries Mar 10:</b> Lucy Parsons, labor organizer, albumen cabinet card, New York, 1886. $800 to $1,200.
    <b>Swann Auction Galleries Mar 10:</b> Daniel L.F. Swift, journal as third mate on a Pacific Whaling voyage, 1848-1850. $3,000 to $4,0000.
    <b>Swann Auction Galleries Mar 10:</b> Two photos of Thomas Moran, Grand Canyon, silver prints, 1901. $1,500 to $2,500.
  • <b>Bonhams, Mar. 6:</b> Helvelius. Two Autograph Letters Signed to Francis Aston, Royal Society Secretary, noting his feud with Robert Hooke, 5 pp total, 1685. $70,000 to $100,000.
    <b>Bonhams, Mar. 6:</b> Newton, Isaac. Autograph manuscript on God, 4 pp, c.1710, "In the beginning was the Word...."?$100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> Beethoven's Ninth Symphony. First edition, first issue. Untrimmed copy in contemporary boards. $30,000 to $50,000.
    <b>Bonhams, Mar. 6:</b> Lincoln, Abraham. Signed photograph, beardless portrait with Civil War provenance. $80,000 to $120,000.
    <b>Bonhams, Mar. 6:</b> IMPEACHMENT. Original engrossed copy of the first Andrew Johnson impeachment resolution vote. $120,000 to $180,000.
    <b>Bonhams, Mar. 6:</b> Mucha, Alphonse. 11 original pencil drawings for?<i>Andelicek z Baroku,</i> "Litte Baroque Angel," Prague, 1929. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Einstein, Albert. Annotated Galley Proofs for <i>The Meaning of Relativity.</i> 1921. $25,000 to $35,000.
    <b>Bonhams, Mar. 6:</b> Silverstein, Shel. Original maquette for <i>The Giving Tree,</i> 34 original drawings. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Roth, Philip. Typed Manuscript with substantial autograph corrections for an unpublished sequel to <i>The Breast.</i> $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Taupin, Bernie. Autograph Manuscript, the original draft of lyrics for Elton John's "Candle in the Wind," 2 pp, 1973. $100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> HARVEY, WILLIAM. <i>De Motu Cordis et Sanguinis in Animalibus Anatomica Exercitatio.</i> Padua: 1643. $12,000 to $18,000.
    <b>Bonhams, Mar. 6:</b> CESALPINO, ANDREA. <i>Peripateticarum Quaestionum Libri Quinque.</i> Venice: 1571. $30,000 to $40,000.
  • <b>ALDE, Feb. 26:</b> Leon TOLSTOÏ. <i>Anna Karenina.</i> Moscou, 1878. First and full edition of the Russian novel, in the author’s language.<br>Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Mark TWAIN. <i>Adventures of Huckleberry Finn (Tom Sawyer's comrade).</i> New York, 1885. First American edition.<br>Est. 5 000 / 6 000 €
    <b>ALDE, Feb. 26:</b> Walt WHITMAN. <i>Leaves of Grass.</i> Brooklyn, New York, 1856. Second edition gathering 32 poems. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Karen BLIXEN. <i>Out of Africa.</i> Londres, 1937. First edition in the UK, before Danish translation and American release.<br>Est. 1 500 / 2 000 €
    <b>ALDE, Feb. 26:</b> Ernest HEMINGWAY. <i>A Farewell to Arms.</i> New York, 1929. First edition with $2.50 on the dust and A on the copyright page.<br>Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Ulysses.</i> Paris, Shakespeare and Company, 1922. First edition published by Sylvia Beach. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Dubliners.</i> Londres, 1914. First edition. Nice copy in publisher’s cardboard. Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> Franz KAFKA. 8 novels in German first edition, published in München, Leipzig and Berlin 1916-1931. Est. from 300 / 400 to 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> David Herbert LAWRENCE. <i>Lady Chatterley's Lover.</i> Florence, 1928. Privately printed first edition. Est. 4 000 / 5 000 €
    John STEINBECK. <i>The Grapes of Wrath.</i> New York, 1939. First edition. Nice copy with $2.75 on the cover. Est. 1 000 / 1 200 €

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