• <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first issue, 8vo, 1997. £15,000 to £20,000
    <b>Chiswick Auctions, Sep. 25:</b> Bible, Italian.- Malermi Bible, woodcut illustrations, folio, Lazaro de Soardi & Bernardino Benali, Venice,1517. £8,000 to £12,000
    <b>Chiswick Auctions, Sep. 25:</b> Germany.- Homann (Johann Baptist). <i>Atlas von Deutschland,</i> engraved half title, hand coloured, 87 double page engraved maps, [folio, Erben, Nuremberg, 1753]. £8,000 to £10,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> [Mirk (John)].- <i>Liber festivalis et Quatuor sermons</i> [bound with], [Le Roy (Pierre)] <i>A Pleasant Satyre or Poesie,</i> first edition in English, Widdow Orwin for Thomas Man, 1595, 8vo. £1,500 to £2,000
    <b>Chiswick Auctions, Sep. 25:</b> Antoninus Florentinus (Saint Archbishop of Florence). <i>Confessionale: Defecerunt…,</i> 8vo, Pietro Quarengi, Venice, 15 February 1499. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Jesuit Letters.- [Froes (Father Luigi) & et al.)] Avvisi del Giapone de gli anni 1582, 1583, 1584…, 1586 [bound with] Avvisi della Cina et Giapone…, FIRST EDITIONS, Rome. £1,000 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Plutarch & Probus (Aemilius). <i>Plutarchi Cheronei et Aemilii Probi Illustrium,</i> folio, Nicolas de Pratis for Jean-Petit, Paris, 1521. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Bible.- English. <i>The Byble in Englyshe of the Largest and Greatest volume,</i> elaborate woodcut border, text vignettes, folio, 1541. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Fore-edge Painting.- Lord George Byron, The Giaour, a Fragment of a Turkish Tale, bound with 10 other titles, 4 plates marked 'Proof.', 1813. £800 to £1,200
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Manson (John). Twelve by Sixteen Papers of John Mason, a collection of 50 sheets of paper, some watermarked, 12 x 16”, c.1978. £800 to £1,200
    <b>Chiswick Auctions, Sep. 25:</b> Fleming (Ian). <i>Dr. No,</i> FIRST EDITION, original boards, dust-jacket, 8vo, 1958. £700 to £900
    <b>Chiswick Auctions, Sep. 25:</b> Eliot (T.S.) <i>Four Quartets,</i> NUMBER 121 of 290 COPIES, signed by author, 1960. £400 to £600
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Joyce (James). <i>Dubliners,</i> first edition, signed presentation inscription from the author, 1914. £100,000 to £150,000
    <b>Forum Auctions, Sep. 26:</b> The Beatles.- Baker (Geoffrey.) 3 Autograph Letters and 1 Autograph Card signed to Ann Gosnell, addtionally sgn’d by George Harrison, John Lennon, Cynthia Lennon and others, 1968. £5,000 to £7,000
    <b>Forum Auctions, Sep. 26:</b> Pilgrim Press.- Dod (John). <i>A plaine and familiar exposition of the tenne commandements ...,</i> [Leiden], [William Brewster], 1617. £15,000 to £20,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Automaton Chess Player & Mechanical Illusion.- Reynell (H., printer). “The Famous Chess-Player, No.14, St.James's-Street, next Brooks's,” broadside advertisement for "The famous Automaton", [1784]. £2,000 to £3,000
    <b>Forum Auctions, Sep. 26:</b> Clemens (Samuel Langhorne). <i>Life on the Mississippi,</i> first English edition, signed presentation inscription from the author, 1883. £8,000 to £12,000
    <b>Forum Auctions, Sep. 26:</b> Arctic Sledge Flag.- Fulford (Reginald Baldwin). Sledge flag... HMS Discovery, 1875. £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> first edition, first printing, 1997. £20,000 to £30,000
    <b>Forum Auctions, Sep. 26:</b> Piranesi (Giovanni Battista). <i>Le Antichità Romane,</i> 4 vol., 1756. £20,000 to £30,000
    <b>Forum Auctions, Sep. 26:</b> Canaletto (Giovanni Antonio Canal, called). <i>Urbis Venetiarum Prospectus Celebriores,</i> 3 parts in 1, Richard Ford's copy, Venice, Giovanni Battista Pasquali, 1751. £10,000 to £15,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Atlases.- Speed (John). <i>A Prospect of the Most Famous Parts of the World,</i> bound with <i>The Theatre of the Empire of Great Britaine,</i> 1631-27. £12,000 to £18,000
    <b>Forum Auctions, Sep. 26:</b> Anatomical illustration.- Aselli (Gaspare). <i>De lactibus sive lacteis venis... dissertatio,</i> first edition, Milan, Giovanni Battista Bidelli, 1627. £20,000 to £30,000
  • <b>Swann Auction Galleries Illustration Art:</b> Eric Carle, <i>The Very Hungry Caterpillar,</i> hand-painted collage. Sold for a record $20,000.
    <b>Swann Auction Galleries Illustration Art:</b> Charles Addams, <i>Couple passing a giant bird house,</i> watercolor cartoon for <i>The New Yorker,</i> 1948. Sold for $16,250.
    <b>Swann Auction Galleries Illustration Art:</b> Miriam Troop, <i>Rain on Laundry Day,</i> oil on canvas, cover for <i>The Saturday Evening Post,</i> 1940. Sold for $40,000.
    <b>Swann Auction Galleries Illustration Art:</b> Rockwell Kent, <i>To All Fascists,</i> ink broadside for The League of American Writers, circa 1937. Sold for $6,500.
    <b>Swann Auction Galleries Illustration Art:</b> Jo Mielziner, <i>Pet Shop Drop,</i> backdrop design for <i>Pal Joey</i> on Broadway, 1940. Sold for a record $55,000.
    <b>Swann Auction Galleries Illustration Art:</b> Lee Brown Coye, acrylic cover illustration for the 25th anniversary of <i>Weird Tales,</i> 1944. Sold for $18,750.
    <b>Swann Auction Galleries Illustration Art:</b> Virgil Finlay, <i>The Outsider & Others,</i> pen & ink dust jacket illustration for H.P. Lovecraft's book, 1939. Sold for $5,500.
    <b>Swann Auction Galleries Illustration Art:</b> Al Hirschfeld, <i>Paul Robeson as Othello,</i> illustration for <i>The New York Times,</i> 1942. Sold for $68,750
    <b>Swann Auction Galleries Illustration Art:</b> Frederic Remington, pen & ink illustration for <i>A Scout with the Buffalo Soldiers</i> in <i>The Century</i> magazine, 1889. Sold for $17,500.
  • <center><b>Arader Galleries<br>Fall 2019 Auction<br>September 28, 2019</b>
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Snowy Owl, Plate 121. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $225,000 to $300,000.
    <b>Arader Galleries, Sep. 28:</b> JEFFERYS, Thomas. <i>The American Atlas...</i> London: Sayer and Bennett, 1776. $65,000 to $90,000.
    <b>Arader Galleries, Sep. 28:</b> RACKHAM, Arthur. Original Illustrations for <i>Jack and the Beanstalk.</i> Pen and ink with watercolor on paper. C. 1913. $60,000 to $80,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Ruffed Grous, Plate 41. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $50,000 to $70,000.
    <b>Arader Galleries, Sep. 28:</b> ROESSLER, A. R. Latest Map of the State of Texas. Lithograph with original hand color. New York: Mittendorfer, 1874. $50,000 to $65,000.
    <center><b>Arader Galleries<br>Fall 2019 Auction<br>September 28, 2019</b>
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. American Bison or Buffalo (Male), Plate 56. Lithograph with original hand color. New York, 1845-1848 from <i>Viviparous Quadrupeds of North America.</i> $18,000 to $25,000.
    <b>Arader Galleries, Sep. 28:</b> HOOKER, Sir William Jackson & FITCH, Walter Hood. Victoria Regia. Lithograph with original hand color. London: Bradbury & Evans, 1851. $20,000 to $30,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Pin Tailed Duck, Plate 227. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $15,000 to $20,000.
    <b>Arader Galleries, Sep. 28:</b> LEWIS, Meriwether and CLARK, William. <i>Travels to the Source of the Missouri River and Across the American Continent...</i> London, 1814. $7,000 to $10,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. American Black or Silver Fox, Plate 116. Lithograph with original hand color. New York, 1845-1848 from <i>Viviparous Quadrupeds of North America.</i> $18,000 to $25,000.

Rare Book Monthly

Articles - July - 2012 Issue

Class Action Set in Endless Google Books Case

Googlebookscasejuly12

Another brick in the Google Books stonewall.

The latest ruling in the unending Google Books case was handed down a few weeks ago. It was more of a technical than substantive issue involved, but it once again highlights the absurdity of the American judicial system, demonstrating just how much time, money and public interest can be sacrificed in the quest to evade common sense.

The Google Books project dates back to 2004 when it was then known as “Google Print.” Google announced it would begin a project of scanning millions of old books from various libraries to make their content available to the public digitally online. Vast amounts of information, secreted away in libraries, virtually inaccessible to most of the public, would soon be available. Google wasn't the first to effect such a project, but it would by far be the biggest.

This is America, so, of course, within a year, Google was sued. The Authors Guild in particular was upset that Google would make the text of copyrighted books available to the public without paying the copyright holders. Fair enough. Pre-1923 books are no longer under copyright, but later ones may (or may not) be. Most post-1923 books are long out of print, earning nothing for the authors anymore, but some are still actively earning royalties. Those writers (or their heirs) have reason to object to their copyrighted material being given away by Google.

It took two years, but the Authors Guild and a publisher group finally reached an agreement with Google. Google would only show a couple sentences of text (“snippets”) and sell access to the remainder of the still copyrighted works. The copyright holders would get 63% of the proceeds, Google 37%. To get their share of the proceeds, an author or the heirs simply had to notify Google. If they didn't want to participate, then all they had to do was tell Google “no,” and their books would be dropped from Google Books. It sounded like a good deal to the author and publisher groups, but there are thousands and thousands of authors, and not all agreed. Meanwhile all sorts of others insinuated themselves in the project. Photographers whose pictures might appear in a book wanted their cut. The list went on. Everyone wanted their share of a pie that was no bigger than a flea, potential royalties from books that hadn't earned a penny of the same in decades. Even the executive branch of government, desperate to show it can be just as ludicrous as the legislative and judiciary branches, got in the act. Their objection was that Google should first obtain the copyright holders' permission before scanning, not after the fact. Never mind the fact that locating all of these copyright holders would be impossible, preventing these long out of print books from ever being made available to the public again in a practical manner. Common sense could not prevail.

Judge Denny Chin sided with the government and other objectors. He struck down the settlement, telling Google and the author and publisher groups to revise it. Such a revision has proven elusive. The court has said “no” to requiring the copyright holders to affirmatively object to their participation in the settlement, but no practical means exists for Google to figure out who owns most of these copyrights to ask their permission. Those rights for a book published in 1925 might today belong in equal shares to 50 great-grandchildren with different last names from the author, scattered all over the world. The irrationality of such a demand did not move the court.

This latest court decision came over a motion to allow authors to proceed against Google as a group, that is, a class action lawsuit, rather than requiring each author to open their own individual lawsuit. Considering how little the value of most of these copyrights, Google undoubtedly would prefer each author to have to sue on their own. The cost of suing would be far greater than any potential winnings. On the other hand, a class action might be able to get a lot of fines and legal fees out of Google, well beyond any actual damage suffered, and most of which will undoubtedly go to the lawyers.

Judge Chin ruled that the authors could proceed as a class. He noted that forcing them to proceed individually “would be burdensome and inefficient.” Whether he noticed any irony in his earlier decision forcing Google to track down those 50 great-grandchildren, which could logically be described as “burdensome and inefficient,” is unknown.

The next hearing scheduled in this case is for September, and what happens after that is anyone's guess. Of course, Congress could open up these books to public access by making some minor adjustments in the copyright law. However, this would require its members to divert precious time from chasing down their fair share of the billions of dollars in Super PAC money now available to them. That doesn't leave much time for pursuing the public interest. Besides which, Americans now determine which candidates best represent their interests by choosing the ones who collect the most special interest money. Can you blame legislators for choosing their priorities? If Google decides to just throw in the towel on this one, who could blame them? Access to the largest library ever assembled in the history of mankind is at our fingertips, and we don't even care. Ignorance begets ignorance.

Rare Book Monthly

  • <b>Bonhams, Sep. 17:</b> EARLY AVIATION PHOTOGRAPHY ARCHIVE. Chronicling 20th century aviation from the earliest Wright Brothers images through commercial and military applications. $50,000 to $70,000.
    <b>Bonhams, Sep. 17:</b> SPUTNIK-1 EMC/EMI LAB MODEL, 1957. Full scale vintage test model of the Sputnik-1 satellite, Moscow, [February, 1957]. $400,000 to $600,000.
    <b>Bonhams, Sep. 17:</b> FIRST TELEPHONE CALL TO THE MOON. Partial transcription signed by Apollo 11 astronauts and President Nixon. $20,000 to $30,000.
    <b>Bonhams, Sep. 17:</b> Apollo 11 Beta cloth crew emblem, SIGNED BY THE ENTIRE APOLLO 11 CREW. $8,000 to $10,000.
    <b>Bonhams, Sep. 17:</b> GEMINI 1/8 SCALE MODEL. Rarely seen large-scale contractor's model. $3,000 to $5,000
    <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.

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