• <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.
  • <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.

Rare Book Monthly

Articles - August - 2013 Issue

Google Wins a Small Victory in Long-Running Google Books Case

Gbjuly2013

A small victory for Google in a long-running case.

Google won a small victory in its eight-year-old Google Books litigation, a lawsuit where the major battles have gone against them. Google has been scanning old books to make their texts available online, reportedly up to 20 million now. Many are very old and clearly in the public domain, but others may or may not be under copyright, and for those that are, locating the copyright holders can be extremely difficult, if not impossible.

When Google began making portions of the texts of these books available, they were sued by the Authors Guild. The Guild demanded permission first be obtained from the copyright holders, even if finding them was virtually impossible. The two sides negotiated for a long time, and eventually reached a settlement. Google would publish only a small “snippet” of the text. If you wanted the rest, you had to buy it. The copyright holders would receive 63% of the payments, Google the other 37%. Authors could opt out or claim their share, and if they did neither, the money would be held in trust for them for a period of time, and then given to charity.

It sounded like a good deal, but many others objected. Some authors did not support the settlement, several of Google's competitors complained, and the heaviest hitter, the U.S. Department of Justice, also objected. Their complaint was that the law requires you must first obtain the copyright holders' permission, and the impossibility of doing so is no excuse. The law is the law. The trial judge, Denny Chin, agreed. Permission of the copyright holder is required, and the Authors Guild, he ruled, has no right to agree to a settlement on behalf of all of the copyright holders who are not members of their organization.

With that, it was back to square one. The Authors Guild reinstituted their suit against Google. This time, they also filed to represent a class action suit for damages on behalf of all of the copyright holders. The first step to such an action is to get the court to recognize the class. Judge Chin recognized them. He noted that requiring each copyright holder to sue individually would be far more costly, and risked having conflicting outcomes from the same set of circumstances.

Google appealed. It cited two major objections. Reminiscent of the claim that prevented the Authors Guild from settling on behalf of the copyright holders, Google said that the Guild could not represent the class of copyright holders as “many members of the class, perhaps even a majority,” approve of Google Books. After all, it does provide a potential source of income from old books, long out of print, unlikely otherwise to ever raise another dime for their authors. Google's second objection was on the “fair use” doctrine. This is a rule which allows you to use a limited amount of copyrighted material. For example, a book reviewer can't reprint or post online an entire copyrighted book, but he can post a few quotes from it. That is what Google believes it is doing in posting a couple of lines, a “snippet,” from the book in response to searches. That, they say, is traditional “fair use.”

On appeal, the Second Circuit Court did not rule on the first claim, whether the Auction Guild can fairly represent a class action. They did hint that they consider this a serious objection if it ever becomes necessary to decide on these grounds. They described the objections as “an argument which, in our view, may carry some force.” However, they overturned Judge Chin's ruling, at least for the moment, until the “fair use” argument can be decided.

What the Second Circuit concluded was that if it is determined that Google's posting of “snippets” constitutes “fair use,” there is no case for a class action suit for damages. If Google violated no laws, they cannot be sued for damages. So, rather then start an entire class action proceeding before knowing whether a wrong was committed, the appeals court sent the case back to Judge Chin to first decide whether Google had violated any rules, or whether displaying “snippets” from the books was legal “fair use.”

So now Judge Chin must decide whether this is “fair use.” If he finds that it is, this case is over. If he finds it is not, Google will undoubtedly appeal again. Then the appeals court can either overturn Judge Chin again, because it decides that this is “fair use,” or because it finds that the Authors Guild cannot represent a class which includes parties that approve of Google Books, or it can affirm Judge Chin's decision.

It must be noted that while this decision may lead to an end of this class action suit for damages, it will not address the bigger issue – what happens after a viewer sees the “snippet.” Under the earlier, disapproved settlement, the viewer could have purchased access to the rest of the book from Google. Without that settlement, or some other solution, the viewer will not be able to buy access to the rest of the book unless that particular copyright holder has granted Google permission. For all of those “orphan books,” ones whose copyright holders cannot be found, the viewer will not be able to look beyond the “snippet.” If they really want it, they will have to find an old copy for sale or find a library that holds it. They won't be able to click a button and begin reading the rest online.

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>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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