• <b><center>Swann Auction Galleries<br>View Our Record Breaking Results</b>
    <b>Swann:</b> Gideon Welles, <i>Extensive archive of personal and family papers of Lincoln’s Secretary of the Navy,</i> 1791-1914. Sold September 29 — $281,000.
    <b>Swann:</b> Charles Addams, <i>Rock Climbers,</i> cartoon for <i>The New Yorker,</i> watercolor, ink and gouache, 1954. Sold December 15 — $37,500.
    <b>Swann:</b> Charlotte Brontë, <i>Jane Eyre. An Autobiography. Edited by Currer Bell,</i> three volumes, first edition, 1847. Sold June 16, 2022 — $23,750.
    <b>Swann:</b> Geoffrey Chaucer, <i>The Workes of Geffray Chaucer Newlye Printed,</i> London, 1542. Sold October 13 — $106,250.
    <b><center>Swann Auction Galleries<br>View Our Record Breaking Results</b>
    <b>Swann:</b> Dorothea Lange, <i>Migrant Mother, Nipomo, California (Destitute pea pickers in California. Mother of seven children. Age 32),</i> silver print, 1936. Sold October 20 — $305,000.
    <b>Swann:</b> George Washington, Autograph Document Signed, with two manuscript plat maps in holograph, 1751. Sold October 27 — $37,500.
    <b>Swann:</b> Winfred Rembert, <i>Winfred Rembert and Class of 1959,</i> dye on carved & tooled leather, 1999. Sold October 6 — $233,000.
    <b>Swann:</b> M.C. Escher, <i>Relativity,</i> lithograph, 1953. Sold November 3 — $81,250.
  • <b><center>Sotheby’s<br>Original Film Posters<br>27 January - 10 February 2023</b>
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Vertigo (1958), poster, US. The ultimate poster on this classic Hitchcock title, one of three known examples. £40,000 to £60,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Lawrence of Arabia (1962), roadshow poster, US. £8,000 to £12,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Star Wars (1977), style C poster, printer's proof, US. £7,000 to £10,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> The Navigator/ La Croisiere du Navigator (1924), re-release poster (1931), French. £5,000 to £8,000.
    <b>Sotheby’s, Jan. 27-Feb. 10:</b> Bullitt (1968), special test poster, US. £3,000 to £5,000.
  • <center><b>Potter & Potter Auctions<br>Fine Books & Manuscripts,<br>including Americana<br>February 16, 2023</b>
    <b>Potter & Potter, Feb. 16:</b> [KELMSCOTT PRESS]. CHAUCER, Geoffrey. <i>The Works…now newly imprinted.</i> Edited by F.S. Ellis. Hammersmith: Kelmscott Press, 1896. $100,000 to $125,000.
    <b>Potter & Potter, Feb. 16:</b> [EINSTEIN, Albert (1879–1955)]. –– ORLIK, Emil (1870–1932), artist. Lithograph signed (“Albert Einstein”). N.p., 1928. $10,000 to $15,000.
    <b>Potter & Potter, Feb. 16:</b> TOLKIEN, John Ronald Reuel. <i>[The Lord of the Rings trilogy:] The Fellowship of the Ring.</i> 1954. –– <i>The Two Towers.</i> 1954. –– <i>The Return of the King.</i> 1955. $10,000 to $15,000.
    <b>Potter & Potter, Feb. 16:</b> CLEMENS, Samuel Langhorne ("Mark Twain") and Charles Dudley WARNER. <i>The Gilded Age: A Tale of Today.</i> Hartford and Chicago, 1873. $6,000 to $8,000.
    <b>Potter & Potter, Feb. 16:</b> LOVECRAFT, Howard Phillips. <i>Beyond the Wall of Sleep.</i> Collected by August Derleth and Donald Wandrei. Sauk City, WI: Arkham House, 1943. $2,000 to $3,000.
  • <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Black Sun Press] Proust, Marcel, 47 Unpublished Letters from Marcel Proust to Walter Berry, Paris: The Black Sun Press, 1930. $400 to $600.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Williams, William Carlos (1883-1963), <i>Spring and All,</i> first edition, Paris: Contact Publishing Co., 1923. $400 to $600.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Washington, George (1732-1799), Autograph Letter Signed. $10,000 to $15,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Poe, Edgar Allan (1809-1849), Autograph Letter Signed. $30,000 to $50,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Thoreau, Henry David (1817-1862), Autograph Manuscript. $3,000 to $5,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Paris Commnue], Photograph album. $1,500 to $2,500.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Fleming, Ian (1908-1964), <i>Casino Royale,</i> first edition, London: Jonathan Cape, 1953. $3,000 to $4,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Audubon, John James and the Rev. John Bachman, <i>The Quadrupeds of North America,</i> New York: V.G. Audubon, 1849, 1851, 1854. $4,000 to $6,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Lewis, C.S. (1898-1963), <i>The Voyage of the Dawn Treader,</i> first edition, London: Geoffrey Bles Ltd, 1952. $600 to $800.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> [Bhagavad Gita] Wilkins, Charles, trans., <i>The Bhagvat-Geeta, or Dialogues of Kreeshna and Arjoon…,</i> first edition, London: Printed for C. Nourse, 1785. $700 to $1,000.
    <b>Bonhams Skinner, Jan. 23 – Feb. 2:</b> Goethe, Johann Wolfgang von, <i>Faust: Eine Tragodie von Goethe,</i> Hammersmith: Printed by T.J. Cobden-Sanderson & Emery Walker at the Doves Press, 1906-1910. $800 to $1,200.

Rare Book Monthly

Articles - August - 2020 Issue

Is It Legal to Create Digital Copies of Copyrighted Books?

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Last month we wrote about a contentious dispute between the Internet Archive and four large book publishers over the use of digitized copies of printed books (click here). The Internet Archive holds over a million digitized copies of printed books in its Open Library. They make these digital copies available for electronic “loan” to patrons, but only in the number of physical copies they actually possess. If the Open Library owns only one copy, patrons can only borrow one copy at a time.

 

A library may lend a copy of physical books in its possession without violating copyright law under something known as the “First-Sale Doctrine.” It says that as long as you own a book, you may do what you please with it (short of copying it) without making further payments to the publisher or author. However, copyright law provides, with certain exceptions, that you may not copy a book in your possession and sell or lend that copy to someone else. The publishers argue that this is what the Internet Archive is doing when it lends a digital copy of a book they possess. The Internet Archive argues that they are, in effect, lending the physical copy, just in a form consistent with modern technology. Instead of lending the physical copy, they are lending a facsimile, while keeping the physical copy locked away in their inventory so that only one copy is ever actually lent.

 

The Internet Archive really upset the publishers when they opened something they called the National Emergency Library in response to the novel coronavirus pandemic. Since most regular libraries were closed and could not lend out their physical books, the Internet Archive made more copies available to the public then they possessed. This led to the publishers suing the Internet Archive, which quickly closed down their National Emergency Library. However, the question remaining to be resolved is whether it is legal to lend out a digital copy of a physical book instead of the book itself, so long as you lend out no more copies than you own. This is an issue of enormous significance to libraries and patrons going forward as readers and researchers look more to digital resources for their information rather than visiting numerous libraries personally. The coronavirus has only accelerated the rate of change. This is especially important for rare and obscure books still under copyright for which the nearest library may be a thousand miles away, or in another country.

 

While the publishers have been battling the Internet Archive over the principle of whether lending digitized copies of your physical books violates copyright law, the same thing has been going on in a more reserved, less public place. The HathiTrust has been doing the same thing, but only as an emergency measure while libraries are closed or limited by the pandemic. They have stuck to a limit based on physical copies, and plan to stop even that when the crisis is over, but the principle is still the same.

 

For those unfamiliar with the HathiTrust, it is a consortium of university libraries that loaned their books to Google to scan for Google Books. Part of the libraries' deal with Google was not only would Google do the scanning of their books, but that Google would provide them with a copy of their scans. The libraries then combined forces to put each of their sets of scans into one cooperative digital library, known as the HathiTrust. Like Google, they normally only provide access to books that are out of copyright protection. However, during the pandemic, they are now making digital copies of in-copyright books available.

 

This is how it works. Unlike their out-of-copyright books, you can't access these digital books directly from the HathiTrust website. You can only get it from a member university library. Only U.S. academic libraries that have experienced “an unexpected or involuntary, temporary disruption to normal operations, requiring the library to be closed to the public, or otherwise to have restricted print collection access services,” may participate. And, only students, faculty and staff may borrow these digitized books.

 

Unlike the Internet Archive, the HathiTrust has no physical books in its possession. Therefore, the determination of whether a library possesses a physical copy depends on each library's collection. Using each member library's inventory records, the HathiTrust determines whether a library possesses a physical copy, and only lets those libraries possessing that book lend a copy of it. If Yale has a copy of a particular book, but Harvard does not, Yale can lend a digitized copy of it from HathiTrust's database, but Harvard may not.

 

What HathiTrust has done is evidently less offensive to the publishers than what the Internet Archive did. They never lent more books than their members own physical copies, and even that will have a limited duration. The Internet Archive also appears to have more relatively recent books in its collection, perhaps 10-20 years old instead of 50. Nevertheless, the same principle is at play here. Is there a right to turn a physical copy into an equal number of digital copies without violating copyright law? While publishers and authors should have a right to protect their sales of recent and other books still readily salable, the extremely long copyright protection period (95 years) means obscure books, long out of print, are virtually unobtainable by the public. Good luck finding a 70, 80, 90-year old book that hasn't been in print for almost that long at a local library, or just about any library. Copyrights should protect authors, but not block the public's access to knowledge.

Rare Book Monthly

  • <b>Il Ponte, Jan. 31:</b> BLAEU, Joannes and Martinus MARTINI - <i>Theatrum orbis terrarum, sive Novus Atlas. Pars sexta. Novus Altas Sinensis.</i> Amsterdam: Blaeu, 1655. €8.000 to €12.000.
    <b>Il Ponte, Jan. 31:</b> ORTELIUS, Abraham - <i>Theatrum orbis terrarum.. Nomenclator ptolemaicus.</i> Antwerp: Christopher Plantin, 1579. €10.000 to €15.000.
    <b>Il Ponte, Jan. 31:</b> PIRANESI, Giovanni Battista - <i>Carceri d'invenzione.</i> [Rome: G.B. Piranesi, second half of the 18th century]. €20.000 to €30.000.
  • <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
    <center><b>California International Antiquarian Book Fair<br>February 10-12, 2023<br>Pasadena Convention Center<br> abaa.org/cabookfair
  • <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Thomas Paine ALS Confirming Christmas Eve Attack Likely Based on Anti-Christianity, “The account you heard of a man firing into my house is true.” $24,000 to $35,000.
    <b>University Archives, Feb. 1:</b> George Washington Gives a Horse and Guns to His Loyal Guard 10 Days Before Resigning as Commander-in-Chief. $20,000 to $30,000.
    <b>University Archives, Feb. 1:</b> John Hancock ALS, “General Howe is bent on coming here” - Troops, Martha Washington, & 1777 Continental Congress, to Wife Dolly! $20,000 to $30,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Abraham Lincoln Boldly and Fully Signs Appointment of Consul Who Would Facilitate Bond Sales in Europe Financing Civil War. $6,000 to $7,000.
    <b>University Archives, Feb. 1:</b> The Rarest of Dual Signed Kennedy Items! 1963 Christmas Card with "Blessed Christmas" Removed at the Last Minute for Kennedy's Jewish Friends. $15,000 to $20,000.
    <b>University Archives, Feb. 1:</b> George Gershwin Signed Contract for 1st Production of <i>Porgy and Bess,</i> Also Signed by Dubose Heyward & Ira Gershwin, Historic! $15,000 to $20,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Einstein Signed, “Two years after the fall of the German Goyim” 1st Ed. of <i>Mein Weltbild.</i> $12,000 to $14,000.
    <b>University Archives, Feb. 1:</b> Walt Disney <i>Fantasia</i>-Era Boldly Signed TLS Re: "Special Effects Department," PSA Certified Authentic & With Phil Sears COA. $6,000 to $7,000.
    <b>University Archives, Feb. 1:</b> 1996-97 Michael Jordan Chicago Bulls Home Game-Worn Jersey Showcasing "Light" Evident Use, MEARS A5. $6,000 to $7,000.
    <b><center>University Archives<br>Rare Manuscripts, Books & Sports Memorabilia<br>February 1, 2023</b>
    <b>University Archives, Feb. 1:</b> Wayne Gretzky’s 1994 All-Star Used Game Jersey, Inscribed to Former MLB Player! $4,500 to $5,500.
    <b>University Archives, Feb. 1:</b> <i>The Astronauts</i> Signed by All 7 Mercury Astronauts! $4,000 to $5,000.
    <b>University Archives, Feb. 1:</b> Fabulous Edison, Firestone, Burroughs Signed Journal With 44 Original Photos, Very Rare. $4,000 to $5,000.

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