• Old World Auctions (Jun 5-19):
    Lot 4. Blaeu's Magnificent Carte-a-Figures World Map in Full Contemporary Color (1642) Est. $12,000 - $15,000
    Old World Auctions (Jun 5-19):
    Lot 125. 1775 Edition of the Landmark Fry-Jefferson Map of Virginia and Maryland (1775) Est. $15,000 - $18,000
    Old World Auctions (Jun 5-19):
    Lot 673. Rare Frontispiece in Full Contemporary Color with Gilt Highlights (1662) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 717. Complete Tanner Atlas with Important Maps of Texas & Iowa (1845) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 3. Henricus Hondius' Baroque-Style World Map (1641) Est. $9,500 - $11,000
    Old World Auctions (Jun 5-19):
    Lot 258. Complete Set of De Bry's Native Virginians & Picts from Part I of Grands Voyages (1608) Est. $2,750 - $3,500
    Old World Auctions (Jun 5-19):
    Lot 608. Superb Work on 18th Century Russia with over 100 Maps and Plates (1788) Est. $3,500 - $4,250
    Old World Auctions (Jun 5-19):
    Lot 49. One of the Most Important 16th Century Maps of the New World (1556) Est. $5,000 - $6,000
    Old World Auctions (Jun 5-19):
    Lot 706. Superb Image of the Annunciation in Contemporary Hand Color (1518) Est. $900 - $1,100
    Old World Auctions (Jun 5-19):
    Lot 123. One of the Earliest Maps to Show Philadelphia (1695) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 631. One of the Earliest Printed Maps of Afghanistan & Pakistan (1482) Est. $1,900 - $2,200
    Old World Auctions (Jun 5-19):
    Lot 689. Proof Copy Engraving of the Senate Floor During the Compromise of 1850 (1855) Est. $1,500 - $1,800
  • Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 19: Lot 70 - Warner (Robert). The Orchid Album, 11 volumes, 1882-1897. £5,000 to £8,000
    Dominic Winter, June 19: Lot 151 - United States. Melish (John), Map of the United States with..., British & Spanish Possessions, 1816. £40,000 to £60,000
    Dominic Winter, June 19: Lot 159 - World. Speed (John), A New and Accurat Map of the World, 1676. £4,000 to £6,000.
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 503 - American Civil War playing cards. Union Cards, New York: American Card Co., 1862. £500 to £800
    Dominic Winter, June 20: Lot 573 - Shepard (Ernest Howard), 'The Hour is Come’, original watercolour, [1959]. £10,000 to £15,000
    Dominic Winter, June 20: Lot 922 - Wilde (Oscar). An Ideal Husband, large paper limited issue, 1899. £4,000 to £6,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 744 - Disney (Walt). “Sketch Book” [of Snow White and the Seven Dwarfs], 1938. £700 to £1,000
    Dominic Winter, June 20: Lot 771 - Auden (Wystan Hugh). Portrait of the head of W. H. Auden, 1970. £1,000 to £1,500
    Dominic Winter, June 20: Lot 822 - Fleming (Ian). Goldfinger, 1st edition, signed by the author, 1959. £6,000 to £8,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 895 - Rowling (J. K.). A complete inscribed set of Harry Potter books plus ephemera. £8,000 to £12,0000
    Dominic Winter, June 20: Lot 883 - Orwell (George). Nineteen Eighty-Four, 1st edition, London: Secker & Warburg, 1949. £3,000 to £5,000
    Dominic Winter, June 20: Lot 700 - Ashendene Press. T. Lucreti Cari De Rerium Natura Libri Sex, Chelsea: Ashendene Press, 1913. £4,000 to £6,000
  • Doyle, June 20: CLAUDE MCKA. Home to Harlem. New York: Harpers, 1928. First edition. $700 to $1,000.
    Doyle, June 20: Haydn's VI Original Canzonettas, signed by the composer. $4,000 to $6,000.
    Doyle, June 20: A rare EP sleeve inscribed by John Lennon. $800 to $1,200.
    Doyle, June 20: An extremely rare 1961 concert set list and autograph letter from The King. $7,000 to $10,000.
    Doyle, June 20: Bryan Batt's copy of the Mad Men Yearbook, 2008-2014. $600 to $800.
    Doyle, June 20: An original Al Hirschfeld depicting comedian Fred Allen. $1,000 to $1,500.
    Doyle, June 20: A signed note from George Gershwin with reference to Porgy and Bess. $1,000 to $1,500.
    Doyle, June 20: An original Harold Arlen manuscript musical quotation from "Over the Rainbow.” $1,000 to $1,500.
    Doyle, June 20: A fine original Edith Head sketch for Grace Kelly's wedding trousseau. $3,000 to $5,000.
    Doyle, June 20: The poster for New Faces with inscriptions and the signature of Eartha Kitt. $200 to $300.
    Doyle, June 20: The classic "Jazz" Bowl by Viktor Schreckengost for Cowan Pottery. $15,000 to $25,000.
    Doyle, June 20: Tony Award Medallion won for "Kismet." $3,000 to $5,000.

Rare Book Monthly

Articles - October - 2011 Issue

Making "Orphan Books" Available Digitally - the HathiTrust Inches Forward

The HathiTrust.

Copies of so-called "orphan books" will slowly begin to make their way to digital access beginning this month, albeit in a most limited way. "Orphan books" are those that are still under copyright protection, but whose copyright holders are essentially impossible to find. Copyright law requires holder permission be obtained before a digital copy can be made available, but how can you get a copyright holder's permission if you can't locate him? It effectively bars millions of books, and the knowledge within, from public access, all to protect an owner who probably does not know or care about these rights, and suffers no loss from their digital publication. Indeed, with earlier publications, most of the original copyright holders are undoubtedly long dead.

Orphan books have been the primary issue behind the contentious Google Books Settlement litigation. During the past decade, Google began a process of scanning millions of books in university and public libraries, creating digital versions anyone with an internet connection could potentially access from anywhere in the world. Those published before 1923 are out of copyright and hence free to be published digitally or otherwise by anyone. Those published from 1923 onward are not so clear. Depending on a variety of factors, such as whether a copyright notice was printed, a copyright filed, or whether that copyright was renewed, that book may or may not currently be under copyright protection.

The most complicated class is that of books published between 1923 and 1963. There were more stringent requirements for maintaining copyrights in those days, including making a timely renewal (today, virtually any book published is protected for 70+ years even if the author makes no attempt to copyright it). A study by the Council on Library and Information Resources concluded that 55% of the 1923-1963 works are now in the public domain, or to put it another way, 45% are still under copyright protection. The CLIR also concluded that only 10% of books published in this period have copyright holders who can be reached. Indeed, half of the book publishers no longer exist, making it virtually impossible even to begin a search for copyright holders. In other words, 35% of all books published between 1923 and 1963 are "orphans." That is for books published in the U.S. They estimated 70% of non-U.S. published books from this era are "orphans." And, many post-1963 books have been orphaned as well.

When Google began making some of these orphan books available online without permission of the copyright holders, organizations representing authors and publishers sued. Google reached a settlement with them, whereby 63% of the proceeds of the sale of access would go to the copyright holders, or be held in trust for them until such time (if ever) they made themselves known. However, other authors, publishers, competitors, the government, and various other groups sued to block the settlement, saying no private agreement with representative organizations allows Google to publish copyrighted material without the actual copyright holder's permission. The Judge, in his initial ruling, appeared to essentially agree with this stance, but encouraged the parties to attempt to adjust the settlement so that it would meet with his approval.

Meanwhile, even as this battle with Google rages on, another source plans to begin making a few orphan works available digitally, though on a much smaller scale. This organization is known as the HathiTrust, and it is a consortium of around 50 institutional libraries. However, only a few plan to make orphans available at this time. The HathiTrust is an outcome of the Google digitization project. The universities have provided Google access to their books to be digitized, and in return have received digitized copies. While the universities are pleased with what Google has accomplished, they remain concerned about the long term. No one in the business or investment community is concerned about Google's long-term viability, but educational institutions think along a different time frame. They are concerned about Google 100, 200, even 1,000 years from now. Will Google still be around? Therefore, they want to be sure these digitized copies are stored somewhere forever. Indeed, "Hathi" is Hindi for "elephant," and as we all know, an elephant never forgets.

The HathiTrust has attempted to determine which books are orphans. About three months ago, it began publishing notice to holders of orphan copyrights that it would make digital copies of their books available in limited ways if they did not hear from them in 90 days. The first of these books will pass the 90-day mark this month and become available for digital publication. Among the small number of libraries that will begin to display such books are those of the Universities of Michigan, Wisconsin, Florida, California, and Duke and Cornell.

The HathiTrust accessibility to digitized books is not on nearly so a grand scale as at Google, which is why they believe they will avoid the legal problems Google has encountered. The digitized books will not be available to all institutions. Members will only be able to display books that they physically possess. Essentially, it is allowing patrons of the university to view books already in the library's collection digitally, instead of taking out the hard copy. It also has the enormously important added benefit of allowing for digital searches within the book, the ability to find terms in a fraction of a second, rather than thumbing through the entire book and still missing them.

The HathiTrust believes this more limited use, and their nature as a consortium of nonprofit institutions, will keep their program free from legal entanglements, although some objections have already been voiced. Copyright law provides for "fair use" exceptions where copying is permitted, and one of the factors in determining fair use is whether the material is being used for commercial or nonprofit educational purposes. This provision of copyright law places the HathiTrust in better standing than for-profit Google.

Access to orphan works still has a ways to go before the issues are ironed out, but one day, public access will carry the day. Knowledge can be held back for a while, but not forever. Congress could readily step in and resolve the issue, but Congress seems loathe to act on anything not backed by lobbyists and campaign contributors, so it may take some time. As John P. Wilkin, author of the CLIR report observed in his conclusion, "In nearly all cases, there is no economic harm to any person or organization in opening access to these in-copyright works, and there is a great loss in not providing access to them. Without an effective legal or policy framework that allows us to do so, a significant portion of our cultural heritage will be underused and undervalued." I hope my quoting his words fits within the boundaries of fair use!

Addendum: After this article was written, the Authors' Guild and certain similar overseas organizations and individuals filed suit to stop the HathiTrust project, including the copying and dissemination of orphan books, stating "the Universities are engaging in one of the largest copyright infringements in history." So much for this being an easy case. See the article on the Google Settlement elsewhere in this month's issue of AE Monthly for further updates on this controversy.

Rare Book Monthly

  • Freeman’s | Hindman, June 25: [Keats, John] Spenser, Edmund: The Works of that Famous English Poet, Mr. Edmond Spenser. $50,000 - $80,000.
    Freeman’s | Hindman, June 25: (Walton, Izaak): The Compleat Angler or the Contemplative man's Recreation. Being a Discourse of Fish and Fishing. $30,000 - $50,000.
    Freeman’s | Hindman, June 25: Thomas, Gabriel: An Historical and Geographical Account of the Province and Country of Pensilvania; and of West-New-Jersey in America. $25,000 - $35,000.
    Freeman’s | Hindman, June 25: [Carroll, Lewis]: The Game of Alice in Wonderland. $2,000 - $3,000.
    Freeman’s | Hindman, June 25: Athias, Joseph, et al.: Biblia Hebraica. $7,000 - $10,000.
    Freeman’s | Hindman, June 25: [Warhol, Andy, and Jens Quistgaard] Dansk Designs Salesman's Presentation Catalogue. $2,500 - $3,500.
  • Sotheby’s, June 26: Poe, Edgar Allan. Tamerlane — the most poignant rarity in American literature. 400,000 - 600,000 USD
    Sotheby’s, June 26: The Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal..." 2,500,000 - 5,000,000 USD
    Sotheby’s, June 26: William Blake. “Poems with very wild and interesting pictures” 1,200,000 - 1,800,000 USD
    Sotheby’s, June 26: Thomas Taylor [artist]. The original cover art for Harry Potter and the Philosopher’s Stone. 400,000 - 600,000 USD
  • Doyle, June 18: Stephen Sondheim's personalized Sweeney Todd asylum coat and jacket. $400 to $600.
    Doyle, June 18: Twelve Posters for Stephen Sondheim Musicals. $400 to $600.
    Doyle, June 18: Stephen Sondheim's Gold Record for the soundtrack to West Side Story. $1,000 to $1,500.
    Doyle, June 18: A manuscript musical quotation from Passion. The quotation headed "Tranquillo" above the music, the lyrics are also written out: "lov-ing you is not a choice, it's who I am..." 11 x 14 inches. $800 to $1,200.
    Doyle, June 18: Stephen Sondheim's retained set of The Sondheim Review. Comprising a complete run of Volume 1, Number 1 (Summer 1994) to Volume XXI, Number 4 (Fall 2015). $500 to $800.
    Doyle, June 18: Five amusing Victorian-era game boards, including Snakes and Ladders. $200 to $300.
    Doyle, June 18: A cased tabletop croquet set and two horse racing games. $300 to $500.
    Doyle, June 18: Four Posters Related to Various Sondheim Productions. $300 to $500.
    Doyle, June 18: The rare first American edition of The Phantom of the Opera. $100 to $200.
  • Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ROALD AMUNDSEN: PHOTO of «Fram» SIGNED by 17 members of the South Pole Expedition, Including Amundsen. €6,900 to €8,600.
    Sagen & Delås, June 15: ROALD AMUNDSEN: «Sydpolen», 1912. IN PARTS. €1,280 to €2,150.
    Sagen & Delås, June 15: JEAN-BAPTISTE CHARCOT: «Expédition Antarctique Francaise […] 1903-1905. », 1906. RARE, SIGNED. €2,100 to €3,400.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: FREDERICK A. COOK: «Through the first Antarctic Night 1898-1899. […]», 1900. First LIMITED & SIGNED edition. €2,100 to €3,400.
    Sagen & Delås, June 15: JAPANESE ANTARCTIC EXPEDITION UNDER NOBU SHIRASE: «Watashi no Nankyoku Tanken-ki», 1942. Publisher's wrappers. €1,280 to €2,135.
    Sagen & Delås, June 15: FRIDTJOF NANSEN: «Fram over Polhavet», 1897. LOT - 6 Variant bindings. €1,250 to €2,100.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ABRAHAM ORTELIUS: «Septentrionalium Regionum Descrip», 1570. Beautiful handcoloured first state map. €2,950 to €3,800.
    Sagen & Delås, June 15: SCOTTISH NATIONAL ANTARCTIC EXPEDITION: [W. S. BRUCE]: «Life in the Antarctic», 1907. 2 copies in wrappers. €85 to €250.
    Sagen & Delås, June 15: ERNEST SHACKLETON: «The British Antarctic Expedition, 1907-9», 1909. Publisher's wrappers. €510 to €1,025.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ERNEST SHACKLETON: «South», 1919. An attractive copy in publisher's cloth. €2,550 to €4,265.
    Sagen & Delås, June 15: UNITED STATES EXPLORING EXPEDITION UNDER CHARLES WILKES (1838-1842): «Narrative of the United States Exploring Expedition», 1845. €3,400 to €5,100.
    Sagen & Delås, June 15: HUBERT WILKINS: «Under the North Pole», 1931 | CONTRIBUTORS EDITION - LIMITED TO 29 COPIES. €1,280 to €2,550.
  • Heritage Auctions, June 27
    F. Scott Fitzgerald
    The Great Gatsby
    New York: Charles Scribner's Sons, 1925
    Heritage Auctions, June 27
    Mary Shelley
    Frankenstein: or, The Modern Prometheus
    London: Lackington, Hughes, Harding, Mavor, & Jones, 1818
    Heritage Auctions, June 27
    J. R. R. Tolkien
    The Hobbit; or, There and Back Again
    London: George Allen & Unwin Ltd., 1937
    Heritage Auctions, June 27
    Jane Austen
    Emma: A Novel. In Three Volumes. By the Author of "Pride and Prejudice," &c. &c.
    London: Printed for John Murray, 1816
    Heritage Auctions, June 27
    Robert Louis Stevenson
    An Inland Voyage
    London: C. Kegan Paul & Co., 1878
    Heritage Auctions, June 27
    Ernest Hemingway
    Three Stories & Ten Poems
    Paris: Contact Publishing Co., 1923
    Heritage Auctions, June 27
    Meriwether Lewis and William Clark
    History of the Expedition under the Command of Captains Lewis and Clark
    Philadelphia, 1814
    Heritage Auctions, June 27
    Emily Dickinson
    Autograph letter signed ("Emily and Vinnie"), to Mary Adelaide Hills
    Amherst, MA, Late April, 1880
    Heritage Auctions, June 27
    John Keats
    Autograph letter signed ("John Keats"), to Mrs. Jeffrey
    Honiton 4 or 5 May 1818
    Heritage Auctions, June 27
    Samuel Johnson
    A Dictionary of the English Language: In which the Words are deduced from their Originals…
    London, 1765
    Heritage Auctions, June 27
    H. P. Lovecraft
    Small archive of nine lengthy autograph letters signed variously over a period of six years to J. Vernon Shea.
    Various places, 1931-1937
    Heritage Auctions, June 27
    Izaak Walton
    The Compleat Angler or the Contemplative Man's Recreation…
    London: T. homas Maxey for Rich. ard Marriot, 1653

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