Rare Book Monthly

Articles - June - 2013 Issue

Copyright Law May Be Up for “Comprehensive Review”

Chgoodlatte

Chairman Goodlatte.

A “comprehensive review” of U.S. copyright law was recently announced by House Judiciary Committee Chairman Bob Goodlatte (he really should be Chairman of Starbucks). U.S. copyright law has been stuck well back in the twentieth century for quite awhile. Current technology has left it as outdated as the antenna televisions, huge mainframe computers, dial telephones, 8-track tapes, and AMC Gremlins popular the last time the code was seriously overhauled. Even the more recent changes enacted 15 years ago date to the infancy of the internet. This will be a long and contentious process, but it is overdue and necessary. Nothing will be affected more by this process than books.

The Register of Copyrights, Maria Pallante, appeared before the committee earlier, and announced, “I think it is time for Congress to think about the next great copyright act...”, words the Chairman cited approvingly. Among her comments was that “authors do not have effective protections,” while “consumers and other private citizens are increasingly frustrated.”

Getting to specifics, Ms. Pallante told the congressmen, “Congress has requested a number of studies from the Copyright Office in recent years, on a variety of timely topics, including the first sale doctrine, orphan works, library exceptions, statutory licensing reform, federalization of pre-72 sound recordings, and mass digitization of books.” We will take a look at a couple of those issues as they have led to major lawsuits involving books in recent days – orphan works/mass digitization of books, and the first sale doctrine.

The mass digitization of books, and so-called “orphan books” in particular, is a real can of worms. It led to the Google Books lawsuit, which has dragged on for years, and now has as many parties as a small city. The decisions have, for the most part, gone against Google, though much remains to be resolved.

It used to be if you were doing research, or simply wanted to read an old book, you would go to the library. A large library would likely have a copy. However, with countless more new books being published every year, libraries facing budget problems, and the advent of a far more practical means of preserving old and seldom used works – digital copies – it's not so easy to find your book at a library.

As long as there was a physical copy of the book you wanted on the shelf, there were no copyright issues. The book was legally purchased years ago, and as such, could be legally accessed forever without permission of the copyright holder. Electronic books, however, must be copied. Therefore, they run into copyright restrictions. As long as the library handed you the physical copy, everything was fine, but if the library scans their legally purchased copy and lets you read it online, that is a copyright violation. The copyright law, which allows for permanent access to a library's physical “books,” does not function in the digital age. Electronic books allow for much greater access to obscure old books, and even from the convenience of your own home, rather than searching many libraries. Unfortunately, while making access much more practical, it also makes accessing the books illegal. Technological advances have the unintended consequence of making it harder to find the text of old books as libraries dispose of physical copies.

Congress, which heeds the call of special interests, not public interest, has made the problem greater in recent years by extending the length of copyrights. Most recently, in 2003, another 20 years was tacked on. That was done at the behest of the Disney Company, which contributes more to political campaigns than you do. The copyrights on early Mickey Mouse material were about to expire, so to protect Disney, Congress interfered with digital access to another twenty years worth of old books whose copyrights would have expired. Surely there is something ironic about a law, which is designed to protect what is known in the trade as “intellectual copy,” being expanded to protect Mickey Mouse.

So now, every book copyrighted after 1922 may be under copyright. In some cases it is not clear, depending on long ago renewals, but you are under risk if you digitize any book published after 1922. That covers a lot of important but obscure material, hard if not impossible to find in physical copies any more, and never to be published again. Google Books and possibly others wanted to make it available to you, but Congress said “no.” You didn't contribute enough to their campaigns. Thank you, Mickey.

Current law provides that a copyright (for works published after 1977) is for the life of the author plus 70 years. That's a long time. It used to be 28 years plus another 28 if you applied for an extension. Copyrights owned by corporations in most cases are good for 95 years. So we are generally talking about a century before electronic copies can be made of old books without permission of the author, which leads to the second issue, “orphan books.”

Copyright law provides you must get the copyright holder's permission to make an electronic copy of his/her work. If you want to make an electronic copy of Harry Potter, you can easily determine how to contact J.K. Rowling. How about if you want to make a copy of a book published in a single edition in 1925 by a long forgotten author? Let's say he died in 1928. Perhaps he willed all of his property to be divided equally among his ten children. Of course, his children, and perhaps even his grandchildren are all gone now too. Perhaps the rights now belong to 100 great-grandchildren. Where are they? How does one contact them? But, wait a minute. That assumes each was willed an equal share. Maybe some of the author's children favored one of their children over another, or died childless, sold their rights, or willed them to someone else. How can we possibly know now or track down all of these people? In other words, what it means is that it is impossible to obtain the copyright holders' permission to make an electronic copy, despite the fact that no one will be harmed by the electronic copy since this book has not earned a dime in royalties in almost a century and never will again. If this book is not in a library you can access, you cannot read it. An outdated copyright law denies the public access to a book while benefiting no one at all.

Rare Book Monthly

  • <b>Swann Auction Galleries, Mar 7:</b> Miguel de Cervantes Saavedra, <i>El Ingenioso Hildalgo Don Quixote de la Mancha . . . Nueva Edición,</i> first Ibarra edition, Madrid, 1780. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 7:</b> Illuminated Prayer Book in Latin and French, France, 1530-40s. $20,000 to $30,000.
    <b>Swann Auction Galleries, Mar 7:</b> Illuminated Book of Hours in Latin, France, mid-15th century. $15,000 to $20,000.
    <b>Swann Auction Galleries, Mar 7:</b><br><i>Die Ernsthaffte Christenpflicht,</i> earliest known edition of the first complete Mennonite prayer book, 1708. $300 to $500.
    <b>Swann Auction Galleries, Mar 7:</b> Georg Agricola, <i>De ortu & causis subterraneorum Lib V.,</i> first edition, Basel, 1546. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 7:</b> Frederick Ruysch, <i>Icon durae matris in concava [convexa] superficie visae,</i> with 2 mezzotints by Jan Ladmiral, first edition, Amsterdam, 1737. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 7:</b> Wilhelm Conrad Röntgen, <i>Eine Neue Art von Strahlen,</i> Würzburg, 1895. $3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 7:</b> Pietro Carrera, <i>Il Gioco de gli Scacchi,</i> first edition, Militello, 1617. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 7:</b> William Lithgow, <i>The Totall Discourse, of the Rare Adventures</i> [etc.], London, 1632. $2,000 to $3,000.
    <b>Swann Auction Galleries, Mar 7:</b> Michel de Nostradamus, <i>The True Prophecies or Prognostications,</i> first complete edition in English, London, 1672. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 7:</b> Pseudo-Methodius, <i>De revelatione facta . . . beato Methodio,</i> Basel, 1504. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 7:</b> Hrabanus Maurus, <i>De laudibus sancte crucis opus,</i> Pforzheim, 1503. $1,000 to $2,000.
  • <b>Chiswick Auctions: Autographs & Memorabilia. February 28, 2019</b>
    <b>Chiswick Auctions, Feb 28:</b> Autograph album featuring signatures by prominent actors, politicians, musicians and authors, including Rudolph Valentino. £1,000 to £1,500
    <b>Chiswick Auctions, Feb 28:</b> An extremely rare working radio script for Crazy People No 29, the first series of <i>The Goon Show.</i> £600 to £800
    <b>Chiswick Auctions, Feb 28:</b> Manuscript prayer book, in German. 8vo, 1755 £800 to £1,200
    <b>Chiswick Auctions, Feb 28:</b> Italian Manuscript on Geometry, with diagrams, 18th century. £500 to £700
    <b>Chiswick Auctions: Ornithology, Zoology & Voyages. February 27, 2019</b>
    <b>Chiswick Auctions, Feb 27:</b> Thorburn (Archibald). Sparrowhawk, original watercolour & gouache, signed & dated lower right, 1917. £1,500 to £2,000
    <b>Chiswick Auctions, Feb 27:</b> Burton (Sir Richard Francis). <i>Personal Narrative of a Pilgrimage to El-Medinah and Meccah.</i> 3 vol., FIRST EDITION, 1855-56. £1,000 to £1,500
    <b>Chiswick Auctions, Feb 27:</b> [Mount (Richard) & Page (Thomas)]. <i>The English Pilot. Describing the Sea-Coasts…</i> 31 engraved maps, W. & J. Mount, T. Page, 1756 £4000 to £6000
    <b>Chiswick Auctions: Ornithology, Zoology & Voyages. February 27, 2019</b>
    <b>Chiswick Auctions, Feb 27:</b> D’apres De Mannevillette (Jean-Baptiste Nicolas Denis). <i>Le Neptune Oriental.</i> Paris & Brest, [1775 – 1781]. £10,000 to £15,000
    <b>Chiswick Auctions, Feb 27:</b> Loring (Josiah). Terrestrial Globe Containing all the Late Discoveries and Geographical Improvements. Boston, Gilman Joslin, 1846, £800 to £1,200
    <b>Chiswick Auctions, Feb 27:</b> Shelley (G. E., Capt.). <i>A Monograph of the Nectariniidae, or Family of Sun-birds,</i> FIRST EDITION, by the Author, 1876-80. £4,000 to £6,000
  • <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Albert Einstein A remarkable letter on God in English, one of his most eloquent and quoted, 1 p, July 2, 1945. $100,000 to $150,000.
    <b>Bonhams, Mar 6-14:</b> Benjamin Lincoln's commission as Major General in the Continental Army, February 19th, 1777. $60,000 to $90,000.
    <b>Bonhams, Mar 6-14:</b> Broadside. A Poem Upon the Bloody Engagement That Was Fought on Bunker's-Hill. 1775. $15,000 to $25,000.
    <b>Bonhams, Mar 6-14:</b> Early, full printing of the Star-Spangled Banner in The Yankee, October 7, 1814. $8,000 to $12,000.
    <b>Bonhams, Mar 6-14:</b> Paul Revere. Engraving, “The Boston Massacre Perpetrated on March 5, 1770," in <i>Massachusett's Calendar 1772.</i> $8,000 to $12,000.
    <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Earliest known newspaper coverage of Babe Ruth, "a St Mary's schoolboy," Baltimore, April 4, 1914. $6,000 to $9,000
    <b>Bonhams, Mar 6-14:</b> Franklin, Benjamin. <i>The Independent Whig.</i> First Magazine Published in America, Philadelphia: Keimer, 1723-4. $15,000 to $20,000
    <b>Bonhams, Mar 6-14:</b> Smith, Joseph. <i>The Book of Mormon.</i> Palmyra: Printed by E.B. Grandin for the Author, 1830. First printing. $40,000 to $60,000
    <b>Bonhams, Mar 6-14:</b> Last Words of Joseph Smith. Autograph Letter Signed from a Mormon disciple, conveying a contemporary account of the Prophet's final words, Nauvoo, July 27, 1844. $10,000 to $15,000
    <b>Bonhams, Mar 6-14:</b> John Brown's Body. Autograph Letter Signed from the daughter of John Brown attempting to arrange the return of her father's body, North Elba, Essex Co, NY, November 29, 1859. $4,000 to $6,000
    <b>Bonhams, Mar 6-14:</b> Powell Expedition. Autograph diary of Rhodes C. Allen kept during the Powell Expedition of 1868, June 29, 1868 - November 16, 1868. $20,000 to $40,000
  • <b>Bonhams, Mar 12:</b> Walt Whitman. <i>Leaves of Grass.</i> First edition, first issue, SIGNED in block letters by Whitman. 1855. $200,000 to $300,000
    <b>Bonhams, Mar 12:</b> Isaac Newton's copy of John Greave's <i>Pyramidographia,</i> London, 1646. $50,000 to $70,000
    <b>Bonhams, Mar 12:</b> Colonel John Mosby. Robert E. Lee's autograph letter to Samuel Cooper reporting on Mosby's exploits, with Cooper's autograph note ordering his appointment to Major.
    <b>Bonhams, Mar 12:</b> Gyula Halasz Brassai. Large archive of autograph and typed letters, over 260, to his family including his wife Gilberte, 1947-1978. $40,000 to $60,000
    <b>Bonhams, Mar 12:</b> Archive of drawings and letters from Harper Lee to Charles Carruth, including an inscribed first edition of <i>To Kill a Mockingbird.</i> $20,000 to $30,000
    <b>Bonhams, Mar 11:</b> VESALIUS, ANDREAS. 1514-1564. <i>De humani corporis fabrica libri septem.</i> Basel: Johannes Oporinus, June 1543. $300,000 to $500,000
    <b>Bonhams, Mar 11:</b> HARVEY, WILLIAM. 1578-1657. <i>De motu cordis & sanguinis in animalibus Anatomica Exercitatio.</i> Leiden: Joannis Maire, 1639. $25,000 to $35,000
    <b>Bonhams, Mar 11:</b> BERENGARIO DA CARPI, GIACOMO. 1460-1530. <i>Isagogae breves perlucide ac uberrimae in Anatomiam humani corporis.</i> Bologna: Benedictus Hectoris, 15 July 1523. $15,000 to $25,000
    <b>Bonhams NY, Mar 11:</b> FRANKLIN, BENJAMIN. 1706-1790. <i>Experiments and Observations on Electricity, made at Philadelphia in America…</i> London, 1769. $10,000 to $15,000
    <b>Bonhams NY, Mar 11:</b> BENIVIENI, ANTONIO. 1443-1502. <i>De abditis nonnullis ac mirandis morborum et sanationum causis.</i>Florence: Filippo Giunta, 1507. $8,000 to $12,000

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