• <center><b>Potter & Potter Auctions<br>Fine Books & Manuscripts,<br>including Americana<br>February 16, 2023</b>
    <b>Potter & Potter, Feb. 16:</b> [KELMSCOTT PRESS]. CHAUCER, Geoffrey. <i>The Works…now newly imprinted.</i> Edited by F.S. Ellis. Hammersmith: Kelmscott Press, 1896. $100,000 to $125,000.
    <b>Potter & Potter, Feb. 16:</b> [EINSTEIN, Albert (1879–1955)]. –– ORLIK, Emil (1870–1932), artist. Lithograph signed (“Albert Einstein”). N.p., 1928. $10,000 to $15,000.
    <b>Potter & Potter, Feb. 16:</b> TOLKIEN, John Ronald Reuel. <i>[The Lord of the Rings trilogy:] The Fellowship of the Ring.</i> 1954. –– <i>The Two Towers.</i> 1954. –– <i>The Return of the King.</i> 1955. $10,000 to $15,000.
    <b>Potter & Potter, Feb. 16:</b> CLEMENS, Samuel Langhorne ("Mark Twain") and Charles Dudley WARNER. <i>The Gilded Age: A Tale of Today.</i> Hartford and Chicago, 1873. $6,000 to $8,000.
    <b>Potter & Potter, Feb. 16:</b> LOVECRAFT, Howard Phillips. <i>Beyond the Wall of Sleep.</i> Collected by August Derleth and Donald Wandrei. Sauk City, WI: Arkham House, 1943. $2,000 to $3,000.
  • <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Black Sun Press] Proust, Marcel, 47 Unpublished Letters from Marcel Proust to Walter Berry, Paris: The Black Sun Press, 1930. $400 to $600.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Williams, William Carlos (1883-1963), <i>Spring and All,</i> first edition, Paris: Contact Publishing Co., 1923. $400 to $600.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Washington, George (1732-1799), Autograph Letter Signed. $10,000 to $15,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Poe, Edgar Allan (1809-1849), Autograph Letter Signed. $30,000 to $50,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Thoreau, Henry David (1817-1862), Autograph Manuscript. $3,000 to $5,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Paris Commnue], Photograph album. $1,500 to $2,500.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Fleming, Ian (1908-1964), <i>Casino Royale,</i> first edition, London: Jonathan Cape, 1953. $3,000 to $4,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Audubon, John James and the Rev. John Bachman, <i>The Quadrupeds of North America,</i> New York: V.G. Audubon, 1849, 1851, 1854. $4,000 to $6,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Lewis, C.S. (1898-1963), <i>The Voyage of the Dawn Treader,</i> first edition, London: Geoffrey Bles Ltd, 1952. $600 to $800.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Bhagavad Gita] Wilkins, Charles, trans., <i>The Bhagvat-Geeta, or Dialogues of Kreeshna and Arjoon…,</i> first edition, London: Printed for C. Nourse, 1785. $700 to $1,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Goethe, Johann Wolfgang von, <i>Faust: Eine Tragodie von Goethe,</i> Hammersmith: Printed by T.J. Cobden-Sanderson & Emery Walker at the Doves Press, 1906-1910. $800 to $1,200.
  • <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Thomas Paine ALS Confirming Christmas Eve Attack Likely Based on Anti-Christianity, “The account you heard of a man firing into my house is true.” $24,000 to $35,000.
    <b>University Archives, Feb. 1:</b> George Washington Gives a Horse and Guns to His Loyal Guard 10 Days Before Resigning as Commander-in-Chief. $20,000 to $30,000.
    <b>University Archives, Feb. 1:</b> John Hancock ALS, “General Howe is bent on coming here” - Troops, Martha Washington, & 1777 Continental Congress, to Wife Dolly! $20,000 to $30,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Abraham Lincoln Boldly and Fully Signs Appointment of Consul Who Would Facilitate Bond Sales in Europe Financing Civil War. $6,000 to $7,000.
    <b>University Archives, Feb. 1:</b> The Rarest of Dual Signed Kennedy Items! 1963 Christmas Card with "Blessed Christmas" Removed at the Last Minute for Kennedy's Jewish Friends. $15,000 to $20,000.
    <b>University Archives, Feb. 1:</b> George Gershwin Signed Contract for 1st Production of <i>Porgy and Bess,</i> Also Signed by Dubose Heyward & Ira Gershwin, Historic! $15,000 to $20,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Einstein Signed, “Two years after the fall of the German Goyim” 1st Ed. of <i>Mein Weltbild.</i> $12,000 to $14,000.
    <b>University Archives, Feb. 1:</b> Walt Disney <i>Fantasia</i>-Era Boldly Signed TLS Re: "Special Effects Department," PSA Certified Authentic & With Phil Sears COA. $6,000 to $7,000.
    <b>University Archives, Feb. 1:</b> 1996-97 Michael Jordan Chicago Bulls Home Game-Worn Jersey Showcasing "Light" Evident Use, MEARS A5. $6,000 to $7,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Wayne Gretzky’s 1994 All-Star Used Game Jersey, Inscribed to Former MLB Player! $4,500 to $5,500.
    <b>University Archives, Feb. 1:</b> <i>The Astronauts</i> Signed by All 7 Mercury Astronauts! $4,000 to $5,000.
    <b>University Archives, Feb. 1:</b> Fabulous Edison, Firestone, Burroughs Signed Journal With 44 Original Photos, Very Rare. $4,000 to $5,000.
  • <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair

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>Sotheby’s<br>Original Film Posters<br>27 January - 10 February 2023</b>
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Vertigo (1958), poster, US. The ultimate poster on this classic Hitchcock title, one of three known examples. £40,000 to £60,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Lawrence of Arabia (1962), roadshow poster, US. £8,000 to £12,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Star Wars (1977), style C poster, printer's proof, US. £7,000 to £10,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> The Navigator/ La Croisiere du Navigator (1924), re-release poster (1931), French. £5,000 to £8,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Bullitt (1968), special test poster, US. £3,000 to £5,000.
  • <b>Old World Auctions (Feb 8):</b> Lot 817. Bellin's complete five-volume maritime atlas with 581 maps & plates (1764). $24,000 to $30,000.
    <b>Old World Auctions (Feb 8):</b> Lot 325. An early and important map of the Republic of Texas (1837). $11,000 to $14,000.
    <b>Old World Auctions (Feb 8):</b> Lot 45. De Bry's early map of North Pole depicting Willem Barentsz' expedition (1601). $3,500 to $4,250.
    <b>Old World Auctions (Feb 8):</b> Lot 154. Poignant map of the United States documenting lynchings (1931). $250 to $325.
    <b>Old World Auctions (Feb 8):</b> Lot 457. Extremely rare matching set of pro-German propaganda from WWI (1914). $2,000 to $2,400.
    <b>Old World Auctions (Feb 8):</b> Lot 815. Homann's world atlas featuring 110 maps in contemporary color (1751). $14,000 to $16,000.
    <b>Old World Auctions (Feb 8):</b> Lot 60. Miniature pocket globe based on Herman Moll (1785). $3,500 to $4,500.
    <b>Old World Auctions (Feb 8):</b> Lot 8. Visscher's rare carte-a-figures world map (1652). $14,000 to $16,000.
    <b>Old World Auctions (Feb 8):</b> Lot 158. Matching satirical maps of the US by McCandlish: "Ration Map" & "Bootlegger's Map" (1944). $3,000 to $4,000.
    <b>Old World Auctions (Feb 8):</b> Lot 820. One of the finest English atlases of the early 19th century (1808). $4,750 to $6,000.
    <b>Old World Auctions (Feb 8):</b> Lot 59. Important milestone in preparation for 1969 moon landing (1963). $750 to $900.
    <b>Old World Auctions (Feb 8):</b> Lot 805. Superb bible leaf with image of crucifixion of Jesus with gilt highlights (1518). $800 to $950.
  • <b><center>Swann Auction Galleries<br>View Our Record Breaking Results</b>
    <b>Swann:</b> Gideon Welles, <i>Extensive archive of personal and family papers of Lincoln’s Secretary of the Navy,</i> 1791-1914. Sold September 29 — $281,000.
    <b>Swann:</b> Charles Addams, <i>Rock Climbers,</i> cartoon for <i>The New Yorker,</i> watercolor, ink and gouache, 1954. Sold December 15 — $37,500.
    <b>Swann:</b> Charlotte Brontë, <i>Jane Eyre. An Autobiography. Edited by Currer Bell,</i> three volumes, first edition, 1847. Sold June 16, 2022 — $23,750.
    <b>Swann:</b> Geoffrey Chaucer, <i>The Workes of Geffray Chaucer Newlye Printed,</i> London, 1542. Sold October 13 — $106,250.
    <b><center>Swann Auction Galleries<br>View Our Record Breaking Results</b>
    <b>Swann:</b> Dorothea Lange, <i>Migrant Mother, Nipomo, California (Destitute pea pickers in California. Mother of seven children. Age 32),</i> silver print, 1936. Sold October 20 — $305,000.
    <b>Swann:</b> George Washington, Autograph Document Signed, with two manuscript plat maps in holograph, 1751. Sold October 27 — $37,500.
    <b>Swann:</b> Winfred Rembert, <i>Winfred Rembert and Class of 1959,</i> dye on carved & tooled leather, 1999. Sold October 6 — $233,000.
    <b>Swann:</b> M.C. Escher, <i>Relativity,</i> lithograph, 1953. Sold November 3 — $81,250.

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