• <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Latin Book of Hours, around 1480.<br>Est: € 30,000
    <b>Ketterer Rare Books, July 6:</b><br>Northern journeys - Collection of around 120 works, 17th-19th century.
    <b>Ketterer Rare Books, July 6:</b><br>J. Joyce, <i>Ulysses,</i> 1922. Est: € 8,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>Florilegium, <i>Fleurs du Printemps et de l‘Este,</i> around 1630. Est: € 35,000
    <b>Ketterer Rare Books, July 6:</b><br>T. R. Malthus, <i>An essay on the principle of population,</i> 1798. Est: € 60,000
    <b>Ketterer Rare Books, July 6:</b><br>E. Cerillo, <i>Dipinti murali di Pompei,</i> 1886. Est: € 2,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br><i>Bulla aurea,</i> 1485. Est: € 40,000
    <b>Ketterer Rare Books, July 6:</b><br>A. Verschaffelt, <i>Iconographie des Camellias,</i> 1848-60. Est: € 10,000
    <b>Ketterer Rare Books, July 6:</b><br>M. Duchamp & A. Breton, <i>Le surréalisme en 1947,</i> 1947.<br>Est: € 16,000
    <center><b> Ketterer Rare Books<br>Auction on July 6th</b>
    <b>Ketterer Rare Books, July 6:</b><br>H. Schedel, <i>Liber chronicarum,</i> 1493.<br>Est: € 25,000
    <b>Ketterer Rare Books, July 6:</b><br>M. E. Chevreul, <i>De la loi du contraste simultané des couleurs,</i> 1839.<br>Est: € 5,000
    <b>Ketterer Rare Books, July 6:</b><br>F. Léger & P. Éluard, <i>Liberté j‘écris ton nom,</i> 1953. Est: € 15,000
  • <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> Acted at the Dukes-Theatre. London: printed for William Cademan, 1673. $60,000 to $90,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> MUYBRIDGE, EADWEARD. Panorama of San Francisco, from California-St. Hill. [San Francisco:] Morse's Gallery, 1877. $15,000 to $25,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> BRUNUS ARETINUS, LEONARDUS. <i>De bello Italico adversus Gothos gesto.</i> Venice: Nicolas Jenson, 1471. $12,000 to $18,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HILL, JOHN. <i>Compleat Body of Gardening.</i> London: printed for T. Osborne; T. Trye; S. Crowder and Co.; and H. Woodgate, 1757. $10,000 to $15,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> GASPAR DE PORTOLA. Document Signed Twice ("Gaspar de Portola," & "M. Portola"), 29 pp, Puebla, Mexico, December 10, 1780. $8,000 to $12,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> VINGTIEME SIECLE. A complete set of the second series of <i>Vingtieme Siecle (XXe Siecle),</i> together with all fourteen special numbers. $8,000 to $12,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROOSEVELT, FRANKLIN DELANO. Autograph Letter Signed ("F.D.R.") as President, Washington, [1941], to Norman Davis, on White House stationery. $6,000 to $8,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HAYEK, FRIEDRICH AUGUST. Autograph Manuscript, "Discipline of Civilisation." $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ADAMS, HANNAH; ADAMS, THOMAS "BOOK". Daubuz, Charles. <i>A Perpetual Commentary On The Revelation Of St. John.</i> London: Printed for Benj. Tooke, 1720. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> EMPEROR NORTON. Photograph signed ("Norton I"), albumen print carte-de-visite. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROBERTS, DAVID. <i>Egypt and Nubia from Drawings Made on the Spot ... with Historical Descriptions by William Brockendon.</i> London: F.G. Moon, 1846-9. $4,000 to $6,000.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> Albert Einstein, typed letter signed, explaining the nature of his personal atheism and belief in God. $70,000 to $100,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington. Autograph letter signed to Bryan Fairfax, looking forward to the Treaty of Paris, 5 February 1783. $60,000 to $80,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Alfred Swaine Taylor. Early “photogenic drawing,” photograph of a fern, dated 2 December 1839. $10,000 to $15,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> "Departure of Mr. Lincoln—Parting Address" in the <i>Weekly Illinois State Journal,</i> Vol. XXX, No. 1541, Springfield, February 13, 1861. $4,000 to $6,000
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Harrison document signed certifying the service of Daniel Cumbo, a black Revolutionary soldier. $10,000 to $15,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Front page printing of the Articles of Confederation in the <i>New-Jersey Gazette,</i> Vol. 1, No. 22. Trenton, April 29, 1778. $4,000 to $6,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington Funeral Procession Broadside. Boston, January 6, 1800. $5,000 to $7,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Philippe Laroque, printed score for “The Heroe of New Orleans Battle.” Philadelphia, 1815. $3,000 to $5,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Report of the Battle of Queenston Heights, the first major battle in the War of 1812, in <i>Supplement to the Quebec Gazette,</i> 24th October 1812. $2,000 to $3,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> His Majesty's Most Gracious Speech to both Houses of Parliament, On Tuesday the Eighteenth Day of November, 1760. London, 1760. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Elegy on the Death of James Lawrence, Esq. late Commander of the U.S. Frigate Chesapeake. [Boston]: A. Bowen, 1813. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Lincoln's Commission as Major General, signed by John Hancock, 19 February 1777. $30,000 to $50,000.

Rare Book Monthly

Articles - April - 2013 Issue

Booksellers Win Right to Resell Secondhand Books in U.S. Supreme Court Decision

Scseal

Seal of the Supreme Court.

In a major case that pitted used book sellers, libraries, museums and other retailers against book publishers, the U.S. Supreme Court came down squarely on the booksellers' side. The Court ruled that publishers may not use copyright law to prevent the owners of used books published abroad from reselling, loaning, or giving them away. You may not have realized this was even an issue, but had the lower court rulings been upheld, you might have found yourself on the losing end of a lawsuit for such behavior. No wonder such organizations as Powell's Books and the American Library Association banded together to fight this case all the way to the Supreme Court. It took an unusual coalition of Supreme Court justices, three liberals and three conservatives, to win this decision 6-3 for the booksellers and their allies.

Technically, the winner in this case was one Supap Kirtsaeng. Kirtsaeng was a student from Thailand who came to America to study at Cornell. When he went to purchase his schoolbooks, he noticed they were much more expensive in America than in Thailand. He also realized that the books were essentially the same. Kirtsaeng had good business instincts. He called the folks back home in Thailand and asked them to buy a bunch of textbooks and ship them to him. Kirtsaeng then put them up for sale, saving his student customers a bundle while making a nice profit for himself.

Publisher John Wiley and Sons was not amused. Their Thai books are stamped with a copyright notice that says they may not be exported to nations such as America. They sued Kirtsaeng.

Wiley publishes editions of its textbooks in Thailand and sells them much cheaper there. The average Thai student evidently is not as well off financially as the typical American, at least that's what Wiley believes. They realized they could sell for substantially higher prices in America. Wiley's actions can be interpreted in two ways. Wiley argues that what it is doing is making affordable instruction available to young people in poorer countries who otherwise would never get the chance to lift themselves up. This is altruism in action. They explained the cheap pricing is only possible because the costs of producing the books (other than printing) are covered by sales in America. American students, however, may have interpreted Wiley's actions as more akin to price gouging. Either way, motivation was not the issue that motivated the Supreme Court's decision. For the Court, it came down to a question of law.

The reason you can resell your used books, even though they are copyrighted by the publisher, is something called the “first sale” doctrine. This doctrine says that once the first sale has been made legally under the copyright law, the next owners are free to sell those goods indefinitely, regardless of copyright claims. So, you cannot copy a copyrighted item and sell it. That is not legal under copyright law. But, if the copyright holder sells you a book, you can resell your legally purchased copy. The publisher cannot place a notice in the book saying the purchaser may not resell his copy. Once he has purchased it, he may do as he pleases.

And yet, the contrary is exactly what Wiley printed in their books. At least, their notice limited where the used copies could be sold, in contradiction to the “first sale” doctrine that says purchasers may do as they please with the books they buy. Wiley's noticed stated, “This book is authorized for sale in Europe, Asia, Africa, and the Middle East only and may be not exported out of these territories.” However, Kirtsaeng did precisely what this warning claimed to prohibit. He exported the books out of those territories and resold them in America.

Wiley won its suit, both in the trial and in its appeal to the second highest court in the land. Kirtsaeng, who reportedly made around $100,000 selling the books, was assessed damages of $600,000. He appealed to the Supreme Court.

The case turned on something of a legal technicality in the wording of the statute. At least that's what the decision says. Sometimes, I think, courts first figure out what they think is right, and then fit the law to reach the “right” verdict. The key factor in this case was whether the word “under” in the statute implied a geographical or non-geographical meaning. Non-legal minds might think this legalistic nitpicking, but all of those booksellers and librarians, and Mr. Kirtsaeng, who just saved $600,000, are breathing a sigh of relief. Here's how the ruling went down.

As noted, the “first sale” doctrine allows a buyer to resell his books and other merchandise legally purchased as he sees fit. However, that doctrine applies only to goods “lawfully made under this title” (U.S. copyright law). Wiley argued a geographical meaning to the terminology “under this title.” Books published under U.S. copyright law, the publisher argued, are books published in America. Books published in Thailand are not published “under” American copyright law, they said. American law has a geographical limitation. It applies to America. Therefore, they concluded, the “first sale” doctrine of American law does not apply to books printed somewhere else.

This argument led to all kinds of conniptions from booksellers, librarians, and resellers of other affected products, such as records and high-tech gadgets. Did this mean they would have to track down the manufacturer of everything produced overseas and ask for permission to sell their used copy? The American Library Association asked whether their members would need to seek publisher permission to loan the estimated 200 million foreign published books in their possession. Powell's stated that used book dealers have assumed for centuries the “first sale” doctrine applied to the books they sold. The bookseller argued, “Used-book dealers tell us that, from the time when Benjamin Franklin and Thomas Jefferson built commercial and personal libraries of foreign books, American readers have bought used books published and printed abroad.” Were Franklin and Jefferson involved illegal trade?

Rare Book Monthly

  • <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>Great Blue Heron,</i> hand-colored aquatint and engraved plate, 1834. $40,000 to $60,000.
    <b>Swann Auction Galleries July 9:</b> Joshua Fry & Peter Jefferson, <i>A Map of the Most Inhabited Part of Virginia,</i> Dalrymple edition, 1755. $12,000 to $18,000.
    <b>Swann Auction Galleries July 9:</b><br>John James Audubon, <i>The Birds of America,</i> sign & inscribed to Brantz Mayer, 1840-44. $18,000 to $22,000.
    <b>Swann Auction Galleries July 9:</b> Vincenzo Maria Coronelli & Jean Baptiste Nolin, Paris, 1688. $7,000 to $10,000.
    <b>Swann Auction Galleries July 9:</b> Henri Abraham Chatelain, <i>Atlas Historique,</i> 7 volumes, Amsterdam, 1705-1720. $15,000 to $20,000.
    <b>Swann Auction Galleries July 9:</b> Johann Baptist Homann, <i>Atlas Mapparum Geographicarum...,</i> Nuremberg, circa 1750s. $12,000 to $15,000.
    <b>Swann Auction Galleries July 9:</b> Lowell Mason, <i>Musical Exercises for Singing Schools,</i> Boston, 1838. $1,500 to $2,500.
    <b>Swann Auction Galleries July 9:</b> Alexander Wilson, <i>American Ornithology,</i> 9 volumes, Philadelphia, 1808-14. $6,000 to $9,000.
  • <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Very scarce autograph letter, signed, by Emily Tennessee Donelson, wife of Andrew Jackson Donelson, who served as First Lady / White House Hostess to President Andrew Jackson from 1828 to about 1834. $1,000 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> Thirteen Edward Wells maps plus title page from his rare atlas, A NEW SET OF MAPS BOTH OF ANCIENT AND PRESENT GEOGRAPHY. $600 to $700.
    <b>Case Antiques, Jul. 11 – 12:</b> L.B. Folger and C. Kallenback: MEMPHIS - BIRD'S EYE VIEW - SUPPLEMENT TO THE APPEAL. Scarce lithograph on paper. $800 to $1,200.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Large NASA-Space Race era archive of material related to Colonel Michael J. Vaccaro, director of administration of the Marshall Space Flight Center of Huntsville, Alabama. $800 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> 1836 slavery related document signed by President Andrew Jackson, Andrew Jackson Jr., and Andrew Jackson Donelson. $800 to $1,100.
    <b>Case Antiques, Jul. 11 – 12:</b> Roger Sherman Signed CT Land Grant, 1757. $600 to $700.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Letter archive related to the Randolph family of Virginia, including Mr. and Mrs. Thomas Jefferson Randolph, Lewis Meriwether Randolph – the grandson of President Jefferson. $400 to $500.
    <b>Case Antiques, Jul. 11 – 12:</b> Louisiana, as formerly claimed by France, now containing part of British America to the East in Spanish America to the West of Mississippi map, by Thomas Kitchin, 1765. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Andrew Jackson manuscript document, unsigned, containing notes on several Tennessee legal cases, including one regarding a slave, circa 1790-96. $350 to $450.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> VA Civil War Photo, Alexander Gardner – Timothy O'Sullivan. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Military Archive, WWI/WWII French Soldier Paul Didier. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Early Virginia Map, B. Tanner, J. Reid, 1796. $300 to $400.

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