• <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Book of Hours. Illuminated manuscript, Flanders or northern France, c. 1450. With 12 full-page illuminated miniatures. £10,000 to £15,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Zahrawi, Abu’-Qasim, al- (c. 936-1013). <i>Albucasis chirurgicorum omnium,</i> Strasbourg, 1532. The first comprehensive illustrated treatise on surgery. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Milles, Thomas. <i>The Custumers Alphabet and Primer,</i> 1608. Gilt supralibros of 17th-century English bibliophile Edward Gwynn. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Guillemeau, Jacques. <i>Child-Birth or, the Happy Deliverie of Women,</i> 1st edition in English, 1612. The second midwifery manual printed in English. £1,500 to £2,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Rabisha, William. <i>The Whole Body of Cookery Dissected,</i> 1st edition, 1661. Rare. Five copies in libraries. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Royal binding. <i>An Abridgment of the English Military Discipline,</i> 1678. Contemporary red goatskin gilt by Samuel Mearne for Charles II (1630-1865). £1,500 to £2,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Pallavicino, Ferrante. <i>The Whores Rhetorick,</i> 1st edition in English, 1683. Rare anti-Jesuit satire. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Swift, Jonathan. <i>The Benefit of Farting,</i> 1st London edition, 1722. Teerink 19. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Edwards, George. <i>Natural History of Uncommon Birds</i> [and] <i>Gleanings of Natural History,</i> 7 volumes, 1743-64. Contemporary tree calf, 362 hand-coloured engraved plates. £8,000 to £12,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Campbell, Patrick. <i>Travels in the Interior Inhabited Parts of North America,</i> 1st edition, 1793. Howes C101; Sabin 10264. Uncut in original boards. £5,000 to £8,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Hearne, Samuel. <i>A Journey from Prince of Wales's Fort in Hudson's Bay, to the Northern Ocean,</i> 1st edition, 1795. Sabin 31181. Large-paper copy. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Edgeworth, Maria. <i>The Match Girl, A Novel,</i> 1808. £1,000 to £1,500
  • <b>Chiswick Auctions:</b> Rowling (J.K). <i>Harry Potter and the Philosopher’s Stone,</i> FIRST EDITION, first issue, 1997. £15,000 to £20,000
  • <b>Bonhams, Jun 13 results:</b> Darwin, Charles. <i>On the Origin of Species.</i> Presentation Copy. Sold for $500,075.
    <b>Bonhams, Jun 13 results:</b> Darwin, Charles. Autograph Letter Signed, 3 pp, negotiating the 2nd American edition with Appleton. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Hemingway, Ernest. Autograph Letter Signed, 8 pp, Paris, 1924, to his father discussing Bullfighting, Stories, and his new baby. Sold for $25,075.
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Corialanus.</i> London, 1623. 1st printing [Extracted from the First Folio]. Sold for $50,075.
    <b>Bonhams, Jun 13 results:</b> Swift, Jonathan. <i>Gulliver's Travels.</i> London, 1726. 1st edition, Teerink's A edition, fine, large copy. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Fitzroy, Robert. Autograph Letter Signed to agent Thomas Stilwell, informing him of the progress of H.M.S. Beagle. Sold for $17,575.
    <center><b>Bonhams<br> Property from the Collection of Nicole and William R. Keck II</b>
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Sonnets.</i> 1901. 2 volumes. Printed on vellum and illuminated by Ross Turner, bound by Trautz-Bauzonnet. Sold for $13,825.
    <b>Bonhams, Jun 13 results:</b> Beardsley, Aubrey. <i>The Birth, Life, and Acts of King Arthur.</i> 1893-94. 2 volumes. Contemporary painted vellum gilt by Chivers. Sold for $5,325.
    <b>Bonhams, Jun 13 results:</b> Assisi, St. Francis. <i>The Canticle of Brother Sun.</i> Illuminated on vellum, for the Grolier Society. Sold for $7,575.
    <b>Bonhams, Jun 13 results:</b> Proust, Marcel. <i>Du coté de chez Swann.</i> 1st edition, 1st issue. Inscribed by Proust. Sold for $8,825.
    <b>Bonhams, Jun 13 results:</b> Rackham, Arthur. <i>Peter Pan in Kensington Gardens.</i> 1/500 copies signed by Rackham. Sold for $4,825.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> THOREAU, HENRY DAVID. <i> Walden: or, Life in the Woods.</i> Boston: Ticknor and Fields, 1854. $15,000 to $20,000
    <b>Sotheby’s Online, June 21:</b> BUKOWSKI, CHARLES. Archive of Correspondence Addressed to Kay "Kaja" Johnson, Los Angeles, California: July – November 1961. $20,000 to $30,000
    <b>Sotheby’s Online, June 21:</b> DICKENS, CHARLES, AND GEORGE CRUIKSHANK [ILLUSTRATOR]. Unpublished autograph letter signed, to Cruikshank, completed on the artist's proof, related to the publication of The Pic-Nic Papers. $7,000 to $10,000
    <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> FEYNMAN, RICHARD. <i>"Surely You’re Joking Mr. Feynman!" Adventures of a Curious Character.</i> As Told to Ralph Leighton. New York: W.W. Norton & Co., 1985. $12,000 to $18,000
    <b>Sotheby’s Online, June 21:</b> GERSHWIN, GEORGE. Autograph music manuscript of "Leavin’ for de Promise’ Lan’" from the opera Porgy and Bess, Act One Scene Two. $25,000 to $35,000
    <b>Sotheby’s Online, June 21:</b> LINCOLN, ABRAHAM. Document signed ("Abraham Lincoln") as sixteenth president, being a military commission for Rufus H. Johnson. $8,000 to $10,000

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>Doyle, The Estate of Oleg Cassini. June 27</b>
    <b>Doyle, The Estate of Oleg Cassini:</b> KENNEDY ONASSIS, JACQUELINE Typed letter signed to Oleg Cassini. $400 to $600
    <b>Doyle, The Estate of Oleg Cassini:</b> [CASSINI-KENNEDY FASHIONS] Important archives related to the development of fashions for Mrs. Kennedy… $4,000 to $6,000
    <b>Doyle, The Estate of Oleg Cassini:</b> [CASSINI-KENNEDY FASHIONS] Detailed ledger of the Kennedy White House years… $500 to $800
    <b>Doyle, The Estate of Oleg Cassini:</b> KELLY, GRACE. Four autograph letters to Oleg Cassini. $5,000 to $8,000
    <b>Doyle, The Estate of Oleg Cassini. June 27</b>
    <b>Doyle, The Estate of Oleg Cassini:</b> CASSINI, OLEG. Group of Kennedy-era original fashion sketches. $1,000 to $1,500
    <b>Doyle, The Estate of Oleg Cassini:</b> KENNEDY ONASSIS, JACQUELINE. Autograph letter signed to Oleg Cassini. $800 to $1,200
    <b>Doyle, The Estate of Oleg Cassini:</b> CASSINI, OLEG. Fashion sketch titled “Mrs. Kennedy-Palais de Versailles-State Dinner.” $800 to $1,200
    Doyle, The Estate of Oleg Cassini: [CASSINI, OLEG - KENNEDY, JACQUELINE.] Group of approximately 130 original fashion designs… $800 to $1,200
  • <b>Swann Auction Galleries June 20:</b> NYC pride parade photos by Hank O’Neal, annotated on verso by Allen Ginsberg, 1970s. Pictured is Marsha P. Johnson. $70,000 to $100,000.
    <b>Swann Auction Galleries June 20:</b> David Wojnarowicz, <i>Neon Dancer,</i> postcard signed to Jim Fouratt, 1982. $5,000 to $8,000.
    <b>Swann Auction Galleries June 20:</b> Personal papers of Candy Darling, New York, circa 1950s-1973. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Walt Whitman, <i>Memoranda of the War,</i> Remembrance Copy, inscribed to Peter Doyle, from “the author with his love,” Camden, 1875-76. $50,000 to $75,000.
    <b>Swann Auction Galleries June 20:</b> Oscar Wilde, <i>The Importance of Being Earnest, A Trivial Comedy for Serious People,</i> first edition, signed, London, 1899. $50,000 to $70,000.
    <b>Swann Auction Galleries June 20:</b> James Baldwin, <i>Giovanni’s Room,</i> first edition, presentation copy, New York, 1956. $1,800 to $2,500.
    <b>Swann Auction Galleries June 20:</b> JEB (Joan E. Biren), <i>Ginger and Catherine,</i> silver print, 1972. $700 to $1,000.
    <b>Swann Auction Galleries June 20:</b> Su Negrin, <i>Gay Liberation,</i> photograph by Peter Hujar, poster published by Times Change Press, 1970. $400 to $600.
    <b>Swann Auction Galleries June 20:</b> Harvey Milk, Autograph Letter Signed, as acting Mayor of San Francisco, March 7, 1978. $4,000 to $6,000.
    <b>Swann Auction Galleries May 23:</b> Lester Beall, <i>Rural Electrification Administration,</i> 1939. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Gerda Wegener, <i>Two Women in a Window,</i> watercolor, chalk & wash, circa 1920. $15,000 to $25,000.
    <b>Swann Auction Galleries June 20:</b> Jean Cocteau, original sketchbook, <i>Le Mystère et Antigone,</i> including sketches of his lover Jean Desbordes, 1932. $30,000 to $40,000.
    <b>Swann Auction Galleries June 20:</b> Djuna Barnes, <i>Ladies Almanack . . . Written & Illustrated by A Lady of Fashion,</i> limited edition, signed & inscribed to her literary executor, 1928. $10,000 to $15,000.
  • <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Cook, James. <i>A Voyage towards the South Pole,</i> 1st edition, 1777. Presentation copy to James Furneaux. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Mathews, Gregory M. <i>The Birds of Australia,</i> 13 volumes, 1st edition, 1910-27. A fine set, with 600 hand-coloured lithographs. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Shelley, George Ernest. <i>Monograph of the Nectariniidae,</i> 1st edition, 1876-80. With 121 hand-coloured lithographic plates by Keulemans. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Nostradamus, Michel de. <i>The True Prophecies or Prognostications,</i> 1st edition in English, 1672. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Collodi, Carlo. <i>Le Avventure di Pinocchio,</i> 1st edition, 1883. Original cloth. £6,000 to £8,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Kelmscott Press. <i>The Life and Death of Jason,</i> 1895. One of 200 copies on paper. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Ambler, Eric. <i>Uncommon Danger,</i> 1st edition, 1937. With the dust jacket. £1,500 to £2,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Huxley, Aldous. <i>Crome Yellow,</i> 1st edition, 1921. Rare in the dust jacket. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Isherwood, Christopher. <i>Goodbye to Berlin,</i> 1st edition, 1939. With the dust jacket, £1,000 to £1,500
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Documents, Children’s Books & Modern First Editions<br>June 19/20</b><br>
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Lewis, C. S. Autograph letter signed to Charles Jasper Sisson (1885-1966), 1937. £1,000 to £1,500
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Tolkien, J. R. R. <i>The Lord of the Rings,</i> 1956-7. Signed by Tolkien in each volume. £7,000 to £10,000
    <b>Dominic Winter Auctioneers<br>June 19/20:</b> Wells, H. G. <i>The War of the Worlds,</i> 1st edition, 1898. Inscribed by Wells with autograph self-portrait. £3,000 to £5,000

Article Search

Archived Articles

Ask Questions