• <b>Swann Auction Galleries Dec 17:</b> Bernardus Sylvanus, one of the earliest printed maps of the New World, woodcut, Venice, 1511. $20,000 to $30,000.
    <b>Swann Auction Galleries Dec 17:</b> Johannes Blaeu, <i>Nova et Accuratissima Totius Terrarum Orbis Tabula,</i> Amsterdam, 1662. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 17:</b> Emanuel Bowen & John Gibson, <i>Atlas Minimus,</i> miniature atlas, London, 1758. $2,500 to $3,500.
    <b>Swann Auction Galleries Dec 17:</b> Henry Andrews, <i>The Botanist's Repository for New & Rare Plants,</i> London, 1797-1815. $3,000 to $5,000.
    <b>Swann Auction Galleries Dec 17:</b> John James Audubon, <i>Night Heron or Qua Bird, Plate CCXXXVI,</i> hand-colored aquatint, 1835. $25,000 to $35,000.
    <b>Swann Auction Galleries Dec 17:</b> Basilius Besler, group of 30 folio engravings, <i>Hortus Eystettensis,</i> Eichstatt, 1613. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 17:</b> Henri Chatelain, <i>Carte Tres Curieuse de la Mer du Sud...,</i> Amsterdam, 1719. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 17:</b> Arnoldus Montanus, <i>Die Unbekante Neue Welt...,</i> German text edition, Amsterdam, 1673. $4,000 to $6,000.
    <b>Swann Auction Galleries Dec 17:</b> John Woodhouse Audubon, <i>California Gray Squirrel,</i> oil on canvas, c. 1853. $30,000 to $50,000.
  • <b>ANZAAB Joint Catalogue:</b> BULLER, Walter Lawry. <i>A HISTORY OF THE BIRDS OF NEW ZEALAND.</i> London, Van Voorst, 1873. Special De-Luxe edition of this already rare work.
    <b>ANZAAB Joint Catalogue:</b> GIBBS, May. <i>Gum-Nut Babies.</i> Sydney: Angus and Robertson, Ca. 1918.
    <b>ANZAAB Joint Catalogue:</b> SWIFT, Jonathan. <i>TRAVELS INTO SEVERAL REMOTE NATIONS OF THE WORLD.</i> London: Printed for Benj.Motte. 1727.
    <b>ANZAAB Joint Catalogue:</b> JUKES, Joseph Beete. <i>NARRATIVE OF THE SURVEYING VOYAGE OF H.M.S. FLY…</i> London: T. & W. Boone, 1847. First Edition.
    <b>ANZAAB Joint Catalogue:</b> <i>SOMERVILLE, E OE. IN THE VINE COUNTRY.</i> London: W H Allen & Co Limited, 1893.
    <b>ANZAAB Joint Catalogue:</b> MAWE, John. <i>The voyager’s companion, or shell collector’s pilot.</i> London : 1825. Rare.
    <b>ANZAAB Joint Catalogue:</b> PARKINSON, John. <i>Theatrum Botanicum, The Theater of Plants…</i> London, Thomas Cotes, 1640.
    <b>ANZAAB Joint Catalogue:</b> c. 1150 decorated MONASTIC MISSAL LEAF, Southern Germany/Austria.
    <b>ANZAAB Joint Catalogue:</b> LEGGE, Captain W. Vincent. <i>A HISTORY OF THE BIRDS OF CEYLON.</i> London, The Author, 1880.
    <b>ANZAAB Joint Catalogue:</b> AUNT HANNAH. <i>SOME ADVENTURES IN THE LIFE OF A COCKATOO.</i> Published in New York by R. Shugg and Co., 1872.
  • <center><b>Fonsie Mealy Auctioneers<br>Christmas Rare Books<br>& Collectors’ Sale<br>9 & 10 December 2020</b>
    <b>Fonsie Mealy, Dec. 9:</b> Joyce (James), <i>Ulysses,</i> 4to, Paris: (Shakespeare & Co.) 1922, First Edn. €7,000 to €9,000.
    <b>Fonsie Mealy, Dec. 9:</b> Of the Utmost Rarity with Swift Association. Harward (Michael). <i>Philomath. A New Almanack for the Year of Our Lord,</i> 1666. €6,000 to €9,000.
    <b>Fonsie Mealy, Dec. 9:</b> With Full Complement of Hand Coloured & Other Plates. Rosellini (Ippolito). <i>Monumenti dell Egitto e della Nubia,</i> Vols. I, II, & III Plate Volumes only. €5,000 to €7,000.
    <center><b>Fonsie Mealy Auctioneers<br>Christmas Rare Books<br>& Collectors’ Sale<br>9 & 10 December 2020</b>
    <b>Fonsie Mealy, Dec. 9:</b> With Magnificent Hand Coloured Plates. [Bivort, Debabay, & others] <i>Annales de Pomologie,</i> 8 vols., folio, Brussels, 1853-1861. €4,000 to €6,000.
    <b>Fonsie Mealy, Dec. 9:</b> With Very Fine Coloured Plates & Illustrations. Barbier (George) Vogel (Lucien) & others, <i>Gazette du Bon Ton - Arts-modes et frivolities, </i> 1914 to 1922. €4,000 to €6,000.
    <b>Fonsie Mealy, Dec. 9:</b> “I have seen War... I hate War," Signed Presentation Copy to William C. Bullitt, Roosevelt (Franklin D.) August 14, 1936. €3,000 to €4,000.
    <center><b>Fonsie Mealy Auctioneers<br>Christmas Rare Books<br>& Collectors’ Sale<br>9 & 10 December 2020</b>
    <b>Fonsie Mealy, Dec. 9:</b> Victorian Hostess & Horticulturist. An Important Collection Relating to Lady Dorothy Nevill (1826-1913). €2,500 to €3,200.
    <b>Fonsie Mealy, Dec. 9:</b> Fine Original Portrait Photos of The O'Brien Ladies by Margaret Cameron. Two black and white Photos, each 8" x 10". €1,200 to €1,800.
    <b>Fonsie Mealy, Dec. 9:</b> James Hume Nesbitt Illustrations: A collection of twelve pen and ink Drawings and Etchings intended for publication as book of illustrations for his thriller novels. €800 to €1,200.
    <center><b>Fonsie Mealy Auctioneers<br>Christmas Rare Books<br>& Collectors’ Sale<br>9 & 10 December 2020</b>
    <b>Fonsie Mealy, Dec. 9:</b> Attributed to Kitagawa Utamavo (1753-1806). A pair of attractive colourful woodblock prints, of Court Ladies in decorative robes with numerous stamps and script. €800 to €1,000.
    <b>Fonsie Mealy, Dec. 9:</b> Contemporaneous Notes from Captain Cook's Voyage Travel: [Anon] <i>Voyage to the South Sea by Mr. Banks, Mr. Parkinson and Dr. Solender, with Capt. Cooke,</i> a 7 page m/ss document. €700 to €1,000.
    <b>Fonsie Mealy, Dec. 9:</b> Very Rare First U.K. Edition with Yellow Paper Band. Herbert (Frank). <i>Dune,</i> 8vo London (Victor Gollancz Ltd.) 1966. €500 to €700.
  • <center><b>One of a Kind Collectibles Auctions<br>Rare Autographs,<br>Manuscripts and Books<br>Accepting bids<br>Now until December 17</b>
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Thomas Jefferson (wants to bring his private French chef to Monticello.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Amazing Marilyn Monroe Signed 1953 Glamour Photo.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Albert Einstein "refugee intellectuals of the Hitler persecution."
    <center><b>One of a Kind Collectibles Auctions<br>Rare Autographs,<br>Manuscripts and Books<br>Accepting bids<br>Now until December 17</b>
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Man Ray Photographs (1935) signed to Sister.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> John Hancock Signed Document.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> <i>Liber Scriptorum;</i> Signed Stories by Mark Twain, Theodore Roosevelt and Carnegie as well as 106 other authors! Limited to 251 Copies.
    <center><b>One of a Kind Collectibles Auctions<br>Rare Autographs,<br>Manuscripts and Books<br>Accepting bids<br>Now until December 17</b>
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Historically Important Winfield Scott letter.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Buddy Holly signed "AMERICA'S GREATEST TEEN-AGE RECORDING STARS" PROGRAM.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Benedict Arnold autograph receipt signed in the text.
    <center><b>One of a Kind Collectibles Auctions<br>Rare Autographs,<br>Manuscripts and Books<br>Accepting bids<br>Now until December 17</b>
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> (Michael Curtiz) Amazing archives of 22 letters Written by John Wayne, Ronald Reagan, Ingrid Bergman. Olivia De Havilland, Bing Crosby.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> GIUSEPPE VERDI SIGNED PHOTO.
    <b>One of a Kind Collectibles, Now to Dec. 17:</b> Very Rare Jonathan Swift Autograph (Gulliver's Travels).

Rare Book Monthly

Articles - December - 2012 Issue

Could Selling an Old Book Become Illegal?

Youboughtit

Motto of the Owners' Rights Initiative.

Most of us have probably sold an old book at a yard sale, on eBay, given it to a library, or some such thing. We probably never gave it a second thought. Maybe we need to. Maybe we are criminals, violating copyright law. A case has come before the Supreme Court that could turn some of our assumptions upside down, at least as pertains to books produced overseas. Take that, Gutenberg! You better read Johannes' copyright notice before you sell your copy of his bible.

This issue arose from the brainchild of Supap Kirtsaeng, a student from Thailand attending college in America. He noticed textbooks are very expensive in America, and he was not a wealthy young man. However, he recalled that textbooks were much cheaper in Thailand, so he wrote to his family and asked them to see if they could find cheaper versions of the school books he needed back home. Indeed they could. American book publishers frequently print identical or very similar editions of the books they publish in America and sell them for much lower prices overseas.

Mr. Kirtsaeng saw the light. Not only was he struggling with the high cost of books, but so were his fellow students. So, he asked his family to send him a whole bunch of books from Thailand. He began selling them in America, posting the books on eBay. He could sell them to American students for a lot less than they could buy them at the student bookstore, while still making a tidy profit for himself. Mr. Kirtsaeng was happy. Students were happy. John Wiley and Sons (publishers) was not. They sued Mr. Kirtsaeng.

Here is what Wiley prints in their overseas editions: “This book is authorized for sale in Europe, Asia, Africa and the Middle East only [and] may not be exported. Exportation from or importation of this book to another region without the Publisher’s authorization is illegal and is a violation of the Publisher’s rights. The Publisher may take legal action to enforce its rights. The Publisher may recover damages and costs, including but not limited to lost profits and attorney’s fees, in the event legal action is required.” Wiley sued and won. Mr. Kirtsaeng was ordered to pay $600,000. Evidently, he sold a lot of books, though perhaps not enough to cover a judgment of this magnitude. Reportedly, he is back in Thailand.

Now, this case has made its way up to the Supreme Court, and there are many parties looking to overturn the verdict. The consequences are wide-ranging. One such group is called the “Owners' Rights Initiative,” and its motto is “if you bought it, you own it.” Among its members are the American Library Association, the American Association of Law Libraries, eBay, Goodwill Industries, and Powell's Books, the large Oregon used books retailer. There are also many technology vendors, as the same issue arises with high-tech gadgets purchased overseas.

The issue at hand involves possible conflicts within the copyright law. One side relies on one of the most basic of rules, handed down by the Supreme Court in 1908, and codified in the copyright law a year later. It's called the “first sale doctrine.” Before this court decision, Bobbs-Merrill, in its copyright notice, added a limitation on reselling their books. In other words, if you tried to resell your copy of a book that you bought at a store, you might be violating their copyright. The court said no, and copyright law now includes the “first sale doctrine.” It says that after that first sale, the buyer may sell or otherwise dispose of that book however he or she sees fit without violating the copyright law. You (as an American) may safely sell or give away any book published in the United States without fear of violating the copyright law. The copyright law prevents you from copying a book, but not from reselling the copy you bought from the publisher.

In the 1990s, a section was added to the copyright law which states, “importation into the United States, without the authority of the owner of the copyright under this title, of copies . . . that have been acquired outside the United States is an infringement of the exclusive right to distribute copies.” However, this must be understood in conjunction with the earlier rule which states, “the owner of a particular copy . . . lawfully made under this title . . . is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy.” We will not get into the esoterica of the legal arguments here, but focus on the consequences, which could be substantial. In terms of the technical legal argument, Wiley is arguing that the “first sale doctrine” applies only to books “ lawfully made under this title,” and only books published in the U.S., they say, are governed by (“lawfully made” under) U.S. copyright law.

The Owners' Right Initiative describes the potential consequences this way: “If the Court rules in favor of Wiley, libraries may be unable to lend books, individuals could be restricted from donating items to charities, and businesses and consumers could be prevented from selling a variety of products, from electronics, to books, to jewelry, to used cars.” Could selling your used Mercedes or Toyota be a copyright violation? It's not likely a car company would place such a restriction, but book publishers certainly might and do. And, it is important to note that the limitation, if upheld, could apply to libraries lending books, and even people giving away old copies, which is why the American Library Association and Goodwill have joined in this protest.

An amicus brief filed with the court by four booksellers, Powell's Books, Strand Book Store, Half Price Books, and Harvard Book Store, points out, “the interpretation Wiley advances would have made pirates even out of our Founding Fathers. In the 1730s and 40s, Benjamin Franklin operated a book store on Main Street in Philadelphia stocked primarily with books imported from British dealers. If Franklin opened his bookstore today, on Wiley's view, virtually every sale he made would be an infringement of copyright, since each such sale would constitute distribution of books manufactured abroad.” They also note that the library at the University of Virginia would not have been able to lend the books Thomas Jefferson purchased for them without permission from each publisher. Surely, they conclude, Congress did not intend to ban this critical process in the distribution of knowledge through the copyright law.

Rare Book Monthly

  • <center><b>Sotheby’s<br>Livres et Manuscrits<br>7 – 15 December, 2020</b>
    <b>Sotheby’s, 7 – 15 Dec.:</b> [RELIURE BRODÉE]. <i>Horae beatissimae...</i> Anvers, 1570. Reliure brodée de la Renaissance aux armes du duc d'Anjou. €50,000 to €70,000.
    <b>Sotheby’s, 7 – 15 Dec.:</b> ARTOIS, comte d', futur Charles X. 75 lettres autographes au comte de Vaudreuil entre 1792 et 1804. €15,000 to €20,000.
    <b>Sotheby’s, 7 – 15 Dec.:</b> [Pascal, Blaise]. <i>Lettres de A. Dettonville ...</i> Paris, 1658-1659. Rarissime édition originale en reliure de l'époque. €30,000 to €50,000.
    <center><b>Sotheby’s<br>Livres et Manuscrits<br>7 – 15 December, 2020</b>
    <b>Sotheby’s, 7 – 15 Dec.:</b> Aragon, Louis. Ens. de 8 ouvrages avec envois à Jacques Lacan, dont "Blanche et l'oubli", 1967, sur grand papier. €2,000 to €3,000.
    <b>Sotheby’s, 7 – 15 Dec.:</b> Fermat, Pierre de. <i>Varia opera mathematica.</i> Toulouse,1679. Petit in-folio. Edition originale. De la bibliothèque de Jacques Lacan. €6,000 to €8,000.
    <b>Sotheby’s, 7 – 15 Dec.:</b> Leduc, Violette. <i>La Bâtarde.</i> 1958-1963. Important manuscrit autographe, premier jet. 20 cahiers, env 2048 p. ms. €40,000 to €60,000.
  • <center><b>Arader Galleries<br>December Sale<br>December 5, 2020</b>
    <b>Arader Galleries, Dec. 5:</b> SHERBURNE, BRANTZ, and WIRGMAN. The Original Drawings of the First Modern Scientific Survey of the Patapsco River and Chesapeake Bay. $350,000 to $500,000.
    <b>Arader Galleries, Dec. 5:</b> LAFON, Barthelemy. The Earliest Comprehensive Survey of Louisiana and its Adjacent Regions. $350,000 to $450,000.
    <b>Arader Galleries, Dec. 5:</b> Giacomo GASTALDI. The Most Important Renaissance Wall Map of Asia Published in the 16th Century – with all four sheets having full margins. $300,000 to $400,000.
    <center><b>Arader Galleries<br>December Sale<br>December 5, 2020</b>
    <b>Arader Galleries, Dec. 5:</b> CAO, Junyi. The Most Important Map of China to Come to Market in 50 Years. One of only three known copies of the last Ming Dynasty world map. $325,000 to $375,000.
    <b>Arader Galleries, Dec. 5:</b> ORTELIUS, Abraham. Ortelius Atlas Spanish 1588 Magnificently Rich Original Hand Color in Full. $225,000 to $350,000.
    <b>Arader Galleries, Dec. 5:</b> An Exceptionally Fine and Historically Important Manuscript Map Showing the Origins of Texas in the 19th Century. $250,000 to $350,000.
    <center><b>Arader Galleries<br>December Sale<br>December 5, 2020</b>
    <b>Arader Galleries, Dec. 5:</b> PRICE, William and BONNER, John. Map of Boston 1769. $225,000 to $325,000.
    <b>Arader Galleries, Dec. 5:</b> John James AUDUBON. Audubon’s Brilliant Icon, That Has Never Been Equaled for Drama. $150,000 to $250,000.
    <b>Arader Galleries, Dec. 5:</b> Pierre-Joseph REDOUTE. Original Watercolor, Red Lily. $175,000 to $250,000.
    <center><b>Arader Galleries<br>December Sale<br>December 5, 2020</b>
    <b>Arader Galleries, Dec. 5:</b> John James AUDUBON. The Most Famous Image of a Bird in All of History. $150,000 to $200,000.
    <b>Arader Galleries, Dec. 5:</b> Martin WALDSEEMULLER. The Finest Example in Existence of Martin Waldseemuller’s Map of the New World, with Spectacular Full Original Color. $150,000 to $200,000.
    <b>Arader Galleries, Dec. 5:</b> GORDON, Peter. The First State of the First View of Savannah: The Template for American Urban Planning. $100,000 to $150,000.
  • <center><b>Sotheby’s<br>English Literature, History, Science,<br>Children’s Books and Illustrations<br>1 – 8 December, 2020</b>
    <b>Sotheby’s, 1-8 Dec.:</b> JAMES OF MILAN | <i>Pricking of love,</i> illuminated manuscript in Middle English [England, fifteenth century]. £60,000 to £80,000.
    <b>Sotheby’s, 1-8 Dec.:</b> BEARDSLEY | <i>The Toilet of Helen,</i> original ink drawing for Savoy, 1895. £30,000 to £50,000.
    <b>Sotheby’s, 1-8 Dec.:</b> DICKENS | <i>A Christmas Carol,</i> 1844, seventh edition, presentation copy inscribed by the author. £20,000 to £30,000.
    <center><b>Sotheby’s<br>English Literature, History, Science,<br>Children’s Books and Illustrations<br>1 – 8 December, 2020</b>
    <b>Sotheby’s, 1-8 Dec.:</b> DARWIN | <i>For Private Distribution... Extracts from Letters addressed to Professor Henslow...,</i> 1835, original wrappers. £70,000 to £90,000.
    <b>Sotheby’s, 1-8 Dec.:</b> DEFOE | Autograph manuscript poem, 'Resignation', 1708. £20,000 to £30,000.
    <b>Sotheby’s, 1-8 Dec.:</b> GRAHAME | <i>The Wind in the Willows,</i> 1908, first edition, dust-jacket. £12,000 to £16,000.

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