• <center><b>19th Century Rare Book & Photograph Shop<br>Catalogue 195<br>Magnificent Books & Manuscripts<br>Free on request</b>
    <b>19th Century Shop, Catalogue 195:</b> Benjamin Franklin on Electricity. Inscribed presentation copy.
    <b>19th Century Shop, Catalogue 195:</b> Frederick Douglass. Letter on civil war and the end of slavery.
    <b>19th Century Shop, Catalogue 195:</b> Carleton Watkins. A major American West photo album.
    <b>19th Century Shop, Catalogue 195:</b> Einstein. General Theory of Relativity inscribed by Einstein.
    <b>19th Century Shop, Catalogue 195:</b> The Federalist. Rare deluxe thick-paper copy.
    <b>19th Century Shop, Catalogue 195:</b> Emma Johnston. Archive of 350 salt prints by a Victorian female photographer.
  • <b>Bonhams, Dec. 13:</b> KEPLER INVESTIGATES PLANETARY MOTION. KEPLER, JOHANNES. 1571-1630. $400,000 to $600,000
    <b>Bonhams, Dec. 13:</b> THE FINAL ILLUSTRATION OF POOH AND PIGLET IN THE HUNDRED ACRE WOOD. $250,000 to $350,000
    <b>Bonhams, Dec. 13:</b> GUTENBERG BIBLE LEAF. $60,000 to $90,000
    <b>Bonhams, Dec. 13:</b> ORTELIUS, ABRAHAM. 1527-1598. $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> KNIGHT, HILARY. "Christmas Dinner at Maxime de la Falaise's" $4,000 to $6,000
    <b>Bonhams, Dec. 13:</b> GERSHWIN WORKING MUSICAL MANUSCRIPT PAGE FROM <i>OF THEE I SING.</i> $3,000 to $5,000
    <b>Bonhams, Dec. 13:</b> GILBERT, W.S. Original typed manuscript for <i>The Story of the Mikado.</i> $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> FINAL TYPED MANUSCRIPT FOR V.C. ANDREWS CLASSIC <I>FLOWERS IN THE ATTIC.</I> $4,000 to $6,000
    <b>Bonhams, Dec. 13:</b> ANNOTATED TYPESCRIPT DRAFT FOR KIPLING'S FINAL MOWGLI STORY. $20,000 to $30,000
    <b>Bonhams, Dec. 13:</b> PRESENTATION COPY OF GUYS AND DOLLS. $12,000 to $18,000
    <b>Bonhams, Dec. 13:</b> CHARLES DICKENS' CHINA INKWELL FEATURING A BEE READING, FROM GAD'S HILL. $6,000 to $8,000
    <b>Bonhams, Dec. 13:</b> NELSON'S BATTLE PLAN FOR TRAFALGAR. $200,000 to $300,000
  • <b><center>Sotheby’s<br>The Library of Henry Rogers Broughton, 2nd Baron Fairhaven<br>Part II<br>29 November 2022</b>
    <b>Sotheby’s, Nov. 29:</b> Nicolas Robert. <i>Florilegium,</i> 15 very fine watercolours of flowers on vellum, 1643. £150,000 to £250,000.
    <b>Sotheby’s, Nov. 29:</b> Chinese School. <i>Dessins Originaux Chinois,</i> 9 volumes, early nineteenth century. £60,000 to £90,000.
    <b>Sotheby’s, Nov. 29:</b> Saverio Manetti. <i>Storia naturale degli uccelli,</i> Florence, 1767-1776, 5 vols, fine contemporary calf gilt. £60,000 to £80,000.
    <b>Sotheby’s, Nov. 29:</b> Priscilla Bury. <i>A Selection of Hexandrian Plants,</i> London, 1831, modern red half morocco. £50,000 to £70,000.
    <b>Sotheby’s, Nov. 29:</b> Nikolaus Joseph von Jacquin. <i>Icones plantarum rariorum,</i> Vienna, 1781-[95], 3 vols, contemporary half calf. £30,000 to £50,000.

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><center>Gonnelli Auction House<br>HISTORICAL PHOTOGRAPHS<br>“From the grand Tour in Italy to the journey to the East”<br>1st of December 2022</b>
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari, Alphonse Bernoud, Album with 15 photographs of Florence and Siena, 1860 - 1865. Starting Price: €1.500,00.
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari, Lucca. Church of San Michele, 1856. Starting Price: €1.500,00.
    <b>Gonnelli Dec. 1st:</b> Tommaso Cuccioni, Roma. Colosseo, 1854 - 1855. Starting Price: €800,00.
    <b>Gonnelli Dec. 1st:</b> Antonio Fortunato Perini, Venezia. Ca’ D’Oro, 1853 – 1855. Starting Price: €1.000,00.
    <b>Gonnelli Dec. 1st:</b> Lot of 51 photographs by Studio Incorpora: landscapes and views of Sicily, 1885 - 1890. Starting price: €1.200,00.
    <b>Gonnelli Dec. 1st:</b> Lehnert & Landrock. View of the Tunisian desert, 1904 - 1914. Starting price: €300,00.
    <b>Gonnelli Dec. 1st:</b> Lehnert & Landrock. Tunisia. Night landscape with nomads at the shores of a lake. Starting price: €400,00.
    <b>Gonnelli Dec. 1st:</b> Vittorio Sella, Aiguille du Midi, from the Col du Midi, 1881. Starting price: €1.000,00.
    <b>Gonnelli Dec. 1st:</b> Fratelli Alinari. Florence. Giotto's Bell Tower, 1858 - 1860. Starting price: €1.500,00.
  • <b>ALDE, Dec. 6:</b> PRINCE, RICHARD (1949). <i>Adult Comedy Action Drama,</i> Zürich-Berlin-New York, 1995. €14,000 to €15,000.
    <b>ALDE, Dec. 6:</b> AVEDON, RICHARD (1923-2004). <i>An Autobiography,</i> New York, Rando, House, 1993. €2,500 to €3,000.
    <b>ALDE, Dec. 6:</b> GRINDAT, HENRIETTE (1923-1986), ALBERT-EDGAR YERSIN (1905-1984) AND FRANCIS PONGE (1899-1988). <i>A la rêveuse matière,</i> Lausanne, 1963. €4,500 to €5,000.
    <b>ALDE, Dec. 6:</b> GRINDAT, HENRIËTTE (1923-1986), ALBERT CAMUS (1913-1960) AND RENÉ CHAR (1907-1988). <i>Postérité du soleil,</i> Genève, 1965. €2,200 to €2,500.
    <b>ALDE, Dec. 6:</b> GROEBLI, RENÉ (1927). <i>Die Muschel...hommage au féminin…,</i> Zurich, 1984. €2,200 to €2,500.
    <b>ALDE, Dec. 6:</b> KLEIN, WILLIAM (1928-2022). <i>Tokyo,</i> Paris, 1964. €500 to €600.
    <b>ALDE, Dec. 6:</b> KURATA, SEIJI (1945-2020). <i>Flash up. Street Photo Random Tokyo 1975-1979,</i> Tokyo, 1980. €500 to €600.
    <b>ALDE, Dec. 6:</b> MCGINLEY, RYAN (1977). <i>The kids are alright,</i> 2000. €6,000 to €6,500.
    <b>ALDE, Dec. 6:</b> SHERIF, MAURICE (1951). <i>Lumière Métallique,</i> Paris, 2008. €400 to €500.
  • <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> The Corner-stone Document of Irish Freedom. 1916 PROCLAMATION OF THE IRISH REPUBLIC. £140,000 to £180,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Joyce's Modern Masterpiece, in its one-and-hundredth Year. Joyce (James). <i>Ulysses.</i> Paris, Shakespeare & Co. 1922. £15,000 to £25,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b>A Request from Mr. Joyce. Joyce (James). Autograph Letter Signed to 'Dear Mr [Thomas] Pugh,' dated 6.8.1934. £6,000 to £8,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Dun Emer Press: Yeats (Wm. Butler). <i>Stories of Red Hanrahan,</i> 8vo Dundrum 1904. Signed by Author. £1,000 to £1,500.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Binding: <i>Specimens of Early English Poets,</i> 8vo Lond. (For Edwards, Pall Mall) 1790. £500 to £700.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Harry Clarke: Walter (L. D'O.) <i>The Years at the Spring,</i> An Anthology of Recent Poetry. 4to New York (Brentano's) 1920. Special signed limited edition. £1,500 to £2,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Kipling (Rudyard). <i>Works,</i> including Writings, Novels, Poems etc. Bombay Edition, 31 vols. roy 8vo Lond. (MacMillan & Co.) 1913-1938. Signed by Author. £1,500 to £2,000.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Dunraven (Edwin, Third Earl of). <i>Notes on Irish Architecture,</i> Ed. by Margaret Stokes, 2 vols. lg. folio Lond. 1875-1877. Castle Hackett copy. £1,500 to £2,400.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Kirby (Wm.) & Spence (Wm.) <i>An Introduction to Entomology,</i> 4 vols. 8vo Lond. 1822. With hand-coloured plates. £200 to £300.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors’ Sale<br>6th and 7th December</b>
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Heaney (Seamus). <i>Death of a Naturalist,</i> 8vo Lond. (Faber & Faber) 1966 First Edition - Third Impression. Signed, & inscribed on title page 'Seamus Heaney’. £800 to £1,200.
    <b>Fonsie Mealy’s, Dec. 6-7:</b> Glasgow Printing: Homer - <i>Iliad and Odyssey,</i> 4 vols. in 2, Glasgow (Robert & Andrew Foulis) 1756-1758. £1,0000 to £1,500.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Illuminated manuscript.- Psalter, Use of Liège, in Latin, illuminated manuscript on vellum, Southern Netherlands (Liège), [c.1270]. £70,000 to £90,000.
    <b>Forum, Dec. 1:</b> Troy.- Early English provenance.- Columna (Guido de). <i>Historia destructionis Troiae,</i> first edition, one of only four known books from this press, [The Netherlands, ?Utrecht], [c.1477-1479]. £25,000 to £35,000.
    <b>Forum, Dec. 1:</b> Shute (John). <i>The First and Chief Groundes of Architecture,</i> first edition, 1563; bound with Palladio's Quattro Libri dell'Architettura, 1570. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Martin (John). <i>Paradise Lost: By John Milton,</i> first edition in the original 12 parts, Imperial Quarto issue, Septimus Prowett, 1825-26. £12,000 to £16,000.
    <b>Forum, Dec. 1:</b> Sagittarius and a medieval town scene with peat barges on a canal as merchants meet and talk and another man cuts wood, Netherlands or Western Germany [perhaps Cologne], 1460-70. £10,000 to £15,000.
    <b>Forum, Dec. 1:</b> Stoker (Bram). <i>Dracula,</i> first edition, later issue, Graham Greene's copy, Westminster, Archibald Constable & Co., 1897. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Gillray (James). <i>The Plumb-pudding in danger: -or- State Epicures taking un Petit Souper,</i> etching with hand-colouring, 1805. £6,000 to £8,000.
    <b>Forum, Dec. 1:</b> Darwin (Charles). Autograph Letter signed to his cousin Reginald Darwin, 1879, announcing his intention to have translated and add a preface to Ernst Krause's sketch of Dr Erasmus Darwin's life. £6,000 to £8,000.
    <b>Forum, Dec. 1:</b> By the Congress of the United States of America. Manifesto. "These United States, having been driven to hostilities by the oppressive and tyrannous measures...,” bound with others, 1778. £6,000 to £8,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>1st December 2022</b>
    <b>Forum, Dec. 1:</b> Polar.- Benham (Daniel). <i>Sketch of the Life of Jan August Miertsching, Interpreter of the Esquimaux Language to the Arctic Expedition on Board H.M.S. "Investigator", Captain M'Clure,</i> first edition, 1854. £5,000 to £7,000.
    <b>Forum, Dec. 1:</b> Woman artist.- Unthank (Mary, née Williams). An album of 120 watercolours of views from Italy, Switzerland, France and England; with associated manuscript travel diary, 1860s-1870s. £4,000 to £6,000.
    <b>Forum, Dec. 1:</b> Gill (Eric).- Chaucer (Geoffrey). <i>Troilus and Criseyde,</i> number 159 of 225 copies on hand-made paper, Golden Cockerel Press, 1927. £3,000 to £4,000.
  • <b><center>Leland Little Auctions<br>The Signature Winter Auction<br>December 3, 2022</b>
    <b>Leland Little, Dec. 3:</b> Brinkley, Francis. <i>The Art of Japan,</i> Boston, 1897. The very rare complete Shogun edition. $4,000 to $8,000.
    <b>Leland Little, Dec. 3:</b> Sun Tzu. <i>Art Militaire des Chinois, ou recueil d'ancins traités sur la guerre composés avant l'ere chrétienne, par différents généraux chinois,</i> Paris, 1772. First European edition. $2,000 to $4,000.
    <b>Leland Little, Dec. 3:</b> First English Translation, St. Augustine's <i>Of the Citie of God: With the Learned Comments of Io. Lod. Vives…,</i> London, 1610. $2,500 to $3,500.
    <b><center>Leland Little Auctions<br>The Signature Winter Auction<br>December 3, 2022</b>
    <b>Leland Little, Dec. 3:</b> Philipp Franz von Siebold (1796-1866). Five <i>Nippon</i> Folios on Japan, 1832 [and] later 19th century [and] 1931. $1,000 to $2,000.
    <b>Leland Little, Dec. 3:</b> Mason (George Henry). <i>The Punishments of China, Illustrated by Twenty-Two Engravings: with Explanations in English and French,</i> London, 1808/1817. $800 to $1,200.
    <b>Leland Little, Dec. 3:</b> Hobbes, Thomas (of Malmesbury). <i>Leviathan, or the Matter, Form, and Power of a Common-wealth Ecclesiastical and Civil,</i> London, “1651,” ca. 1680. $800 to $1,200.
  • <center><b>Swann Auction Galleries<br>Maps & Atlases, Natural History & Color Plate Books<br> December 8, 2022</b>
    <b>Swann December 8:</b> Friedrich Justin Bertuch, <i>Bilderbuch für Kinder,</i> Weimar, 1792, 1798, 1802, 1805, 1822. $1,200 to $1,800.
    <b>Swann December 8:</b> Sebastian Münster, <i>Novae Insulae XXVI Nova Tabula,</i> Basel, 1552. $2,500 to $3,500.
    <b>Swann December 8:</b> Sebastian Münster & Hans Holbein, <i>Typus Cosmographicus Universales,</i> Basel, 1532. $7,000 to $10,000.
    <b>Swann December 8:</b> Franz Unger, <i>Die Urwelt in Ihren Verschiedenen Bildungsperioden,</i> 16 tinted lithographed plates, Weigel, 1858. $1,000 to $1,500.
    <b>Swann December 8:</b> Charles Varle, Wiliam Warner & Andrew Hanna, <i>Plan of the City of Environs of Baltimore,</i> Baltimore, 1801. $8,000 to $12,000.

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