• Old World Auctions (April 23):
    Lot 748. Second volume of Blaeu's atlas featuring 89 maps of the Americas and Asia (1642) Est. $12,000 - $15,000
    Old World Auctions (April 23):
    Lot 12. A world map with popular cartographic myths and unique embellishments (1788) Est. $3,000 - $3,750
    Old World Auctions (April 23):
    Lot 30. One of the most sought-after charts from Cellarius' work (1708) Est. $1,200 - $1,500
    Old World Auctions (April 23):
    Lot 38. Anti-Vietnam War persuasive cartography on a velvet poster (1971) Est. $350 - $425
    Old World Auctions (April 23):
    Lot 43. Ortelius' influential map of the New World - second plate (1584) Est. $4,750 - $6,000
    Old World Auctions (April 23):
    Lot 95. Scarce German map illustrating the French & Indian War (1755) Est. $8,000 - $9,500
    Old World Auctions (April 23):
    Lot 149. Bachmann's dramatic view of the Mid-Atlantic region (1864) Est. $1,200 - $1,500
    Old World Auctions (April 23):
    Lot 373. De Jode's very rare map of Europe with costumed figures (1593) Est. $6,000 - $7,500
    Old World Auctions (April 23):
    Lot 674. De Bry's Petits Voyages, Part VII with all plates and map of Sri Lanka (1606) Est. $1,400 - $1,700
    Old World Auctions (April 23):
    Lot 704. The first printed map devoted to the Pacific in full contemporary color (1589) Est. $7,500 - $9,000
    Old World Auctions (April 23):
    Lot 734. Superb hand-colored image of the Tree of Jesse (1502) Est. $700 - $850
  • University Archives
    Rare Autographs, Books & Photos; Abraham Lincoln Collection
    April 23, 2025
    University Archives, Apr. 23: Best Image of Abraham Lincoln: "Closest… to ‘seeing' Lincoln… A National Treasure" Original Hesler/Ayres Interpositive. $800,000 to $1,000,000.
    University Archives, Apr. 23: Einstein, 3pp of Unified Field Theory Equations: “I want to try to show that a truly natural choice for field equations exists.” Formalizing His Final Approach, Association to Theory of Relativity. $80,000 to $120,000.
    University Archives, Apr. 23: Marilyn Monroe's Best Personally Owned & Annotated Script for Unfinished Last Film, "Something's Got to Give" (1962). $75,000 to $100,000.
    University Archives
    Rare Autographs, Books & Photos; Abraham Lincoln Collection
    April 23, 2025
    University Archives, Apr. 23: David Ben-Gurion ALS: "The Jewish people have attained the epitome...the State of Israel is born," 1 Day After Signing Israeli Declaration of Independence, Best Ben-Gurion Ever! $80,000 to $100,000.
    University Archives, Apr. 23: Lincoln ALS to Youth: "A young man, before the enemy has learned to watch him...votes... shall redeem the county" Evocative of Famous "Work" Letter. $70,000 to $100,000.
    University Archives, Apr. 23: Lincoln Appointment for Cabinet Member With Largest, Boldest, Full Signature! Important Content: Detente with England. $10,000 to $15,000.
    University Archives
    Rare Autographs, Books & Photos; Abraham Lincoln Collection
    April 23, 2025
    University Archives, Apr. 23: Abraham Lincoln Rare Signed Check To Law Partner W.H. Herndon, Perhaps Unique as Such! $20,000 to $25,000
    University Archives, Apr. 23: Tokyo War Crimes Files of Prosecuting Attorney For POW Camp Atrocities, 500+ Pages, Unpublished Court Documents, Photos and More. $25,000 to $35,000.
    University Archives, Apr. 23: 1698 South Carolina Slavery Archive Huguenot Planters Earliest Rare Plat Maps for Plantations 41 Docs 107 pp. Most Colonial. $25,000 to $35,000.
    University Archives
    Rare Autographs, Books & Photos; Abraham Lincoln Collection
    April 23, 2025
    University Archives, Apr. 23: Adam Smith ALS While Revising “The Wealth of Nations” - A New Discovery Documenting Meeting with Influential Editor. $18,000 to $24,000.
    University Archives, Apr. 23: Margaret Mitchell Rare ALS to Her Editor as Epic Film "Gone With the Wind" Gains Heat "Forgive this scrawl. I haven't written a letter in long hand in years and I've almost forgotten how it's done." $3,000 to $4,000.
    University Archives, Apr. 23: Einstein 1935 TLS, Hopes to Warn Non-Jews of "The true nature of the Hitler regime.” $8,500 to $10,000.
  • Bonhams, Apr. 21-29: ANDERSEN'S EXTREMELY RARE FIRST APPEARANCE IN PRINT. "Scene af: Røverne i Vissenberg i Fyen." in Harpen, 1822.
    Bonhams, Apr. 21-29: FIRST ISSUE OF THE FIRST THREE FAIRY TALE PAMPHLETS, WITH ALL INDICES AND TITLE PAGES. Eventyr, fortalte for Børn. 1835-1837.
    Bonhams, Apr. 21-29: THE FIRST FAIRY TALES WITH A SIGNED CARTE DE VISITE OF ANDERSEN AS FRONTIS. Eventyr, fortalte for Børn. 1835-1837.
    Bonhams, Apr. 21-29: KARL LAGERFELD. Original pastel and ink drawing in gold, red and black for Andersen's The Emperor's New Clothes (1992), "La cassette de l'Empereur."
    Bonhams, Apr. 21-29: PRESENTATION COPY OF THE SIXTH PAMPHLET FOR PETER KOCH. Eventyr, Fortalte For Børn, Second Series, Third Pamphlet. 1841. Publisher's wrappers, complete with all pre- and post-matter.
    Bonhams, Apr. 21-29: HANS CHRISTIAN ANDERSEN RARE AUTOGRAPH QUOTATION SIGNED IN ENGLISH from "The Ugly Duckling," c.1860s.
    Bonhams, Apr. 21-29: HEINRICH LEFLER, ORIGINAL WATERCOLOR FOR ANDERSEN'S SNOW QUEEN, "Die Schneekönigin," 1910.
    Bonhams, Apr. 21-29: FIRST EDITION OF ANDERSEN'S FAIRY TALES IN ENGLISH. Wonderful Stories for Children. London, 1846.
    Bonhams, Apr. 21-29: ANDERSEN ON MEETING CHARLES DICKENS. Autograph Letter Signed ("H.C. Andersen") in English to William Jerdan, July 20, 1847.
    Bonhams, Apr. 21-29: PRESENTATION COPY FOR EDGAR COLLIN. Nye Eventyr og Historier. Anden Raekke. 1861.
    Bonhams, Apr. 21-29: DOLL HOUSE FURNITURE BY HANS CHRISTIAN ANDERSON, DECORATED WITH FANTASTICAL CUT-OUTS, for the children of Jonna Stampe (née Drewsen), his godchildren.
    Bonhams, Apr. 21-29: PRESENTATION COPY FOR GEORG BRANDES. Dryaden. Et Eventyr fra Udstillingstiden i Paris 1867. 1868.
  • Jeschke Jádi
    Rare Book Auction 155
    Saturday April 26, 2025
    Jeschke Jádi, Apr. 26: Lot 962. Baird. United States Exploring Expedition. Philadelphia 1858.
    Jeschke Jádi, Apr. 26: Lot 772. Edith Holland Norton. Brazilian Flowers. Coombe Croft 1893.
    Jeschke Jádi, Apr. 26: Lot 49. Petrarca. Das Gluecksbuch, Augsburg 1536.
    Jeschke Jádi
    Rare Book Auction 155
    Saturday April 26, 2025
    Jeschke Jádi, Apr. 26: Lot 1496. Jacob / Picasso. Chronique des Temps, 1956.
    Jeschke Jádi, Apr. 26: Lot 8. Augustinus. De moribus ecclesie. Cologne 1480.
    Jeschke Jádi, Apr. 26: Lot 17. Heures a lusaige de Noyon. Paris 1504.
    Jeschke Jádi
    Rare Book Auction 155
    Saturday April 26, 2025
    Jeschke Jádi, Apr. 26: Lot 13. Schedel. Buch der Chronicken. Nürnberg 1493.
    Jeschke Jádi, Apr. 26: Lot 957. Donovan. Insects of China. London 1798.
    Jeschke Jádi, Apr. 26: Lot 123. A holy martyr. Tuscany, Florence, mid-14th century.
    Jeschke Jádi
    Rare Book Auction 155
    Saturday April 26, 2025
    Jeschke Jádi, Apr. 26: Lot 438. Dante. La Divine Comédie. Paris 1963.
    Jeschke Jádi, Apr. 26: Lot 602. Firdausi. Histoire de Minoutchehr. Paris 1919
    Jeschke Jádi, Apr. 26: Lot 994. Westwood. Oriental Entomology. London 1848.

Rare Book Monthly

Articles - August - 2020 Issue

Is It Legal to Create Digital Copies of Copyrighted Books?

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

  • Gros & Delettrez, Apr. 23: BELLEFOREST (François de). La cosmographie universelle de tout le monde. €12,000 to €15,000.
    Gros & Delettrez, Apr. 23: DESNOS (Louis Charles). Mappe-monde, ou Carte Generale de la Terre. €5,000 to €6,000.
    Gros & Delettrez, Apr. 23: BLAEU (Willem Janszoon & Joan). Theatrum Sabaudiae. €18,000 to €20,000.
    Gros & Delettrez, Apr. 23: LINASSI. Ferdinando Ie Maria Anna Carolina nel Litorale in Settembre 1844. €4,000 to €5,000.
    Gros & Delettrez, Apr. 23: AMBROSOLI (Francesco). Monumento a Francesco Primo in Vienna. €3,000 to €4,000.
    Gros & Delettrez, Apr. 23: Plano de la plaza de Mesina y de su ciudadel y castiglios. €5,000 to €6,000.
    Gros & Delettrez, Apr. 23: ROCKSTUHL (Alois Gustav), GILLE (Florent A.). 78 Lithographies du Musée de Tzarskoe-Selo. €1,000 to €1,500.
    Gros & Delettrez, Apr. 23: Chtchedrovski, Ignatiy Stepanovitch. €2,000 to €3,000.
    Gros & Delettrez, Apr. 23: DE BRUYN (Cornelis). Voyage au Levant. €3,000 to €5,000.
    Gros & Delettrez, Apr. 23: ABI ISHAQ AHMAD B. IBRAHIM AL-THAʿLABI (M. 1035) : TROISIÈME VOLUME DU KASHF WA-L-BAYAN ʻAN TAFSIRI AL-QURʼAN. €3,000 to €5,000.
    Gros & Delettrez, Apr. 23: DESNOS (Louis Charles). L’Afrique. €3,000 to €4,000.
    Gros & Delettrez, Apr. 23: DE BRUYN (Cornelis). Voyages de Corneille Le Brun par la Moscovie, en Perse, et aux Indes orientales. €1,500 to €2,000.
    Gros & Delettrez, Apr. 23: DESNOS. (Louis Charles). Amérique septentrionale et Méridionale. €4,000 to €5,000.
    Gros & Delettrez, Apr. 23: ÉLIOT (J.B.) ; MONDHARE (Louis Joseph). Carte du théatre de la guerre actuel entre les anglais et les treize Colonies Unies de l'Amérique Septentrionale. €5,000 to €6,000.
  • Swann, Apr. 22: Lot 124: Henri Courvoisier-Voisin, et alia, [Recueil de Vues de Paris et ses Environs], depicting precursors of the modern roller coaster, Paris, [1814-1819?]. $2,000 to $3,000.
    Swann, Apr. 22: Lot 148: Pablo Picasso & Fernando de Rojas, La Célestine, First Edition, Paris, 1971. $30,000 to $40,000.
    Swann, Apr. 22: Lot 201: Omar Khayyam & Edward Fitzgerald, Rubaiyat, William Bell Scott's copy of the First Edition, London, 1859. $20,000 to $30,000.
    Swann, Apr. 22: Lot 223: Charles Dickens, Great Expectations, First Edition, extra-illustrated with hand-colored plates by Palinthorpe, London, 1861. $7,000 to $9,000.
    Swann, Apr. 22: Lot 248: L. Frank Baum, The Wonderful Wizard of Oz, First Edition, inscribed by the illustrator, Chicago & New York, 1900. $20,000 to $30,000.
    Swann, Apr. 22: Lot 305: Tycho Brahe & Pierre Gassendi, Tychonis Brahei Vita, Paris, 1654. From the Collection of Owen Gingerich. $8,000 to $12,000.
    Swann, Apr. 22: Lot 338: Giovanni Battista Riccioli, Almagestum Novum, two folio volumes, Bologna, 1651. From the Collection of Owen Gingerich. $8,000 to $10,000.
    Swann, Apr. 22: Lot 350: Tobias Cohn, Ma'aseh Toviyyah, first edition, Venice, 1707-8. $3,000 to $5,000.
    Swann, Apr. 22: Lot 359: Alan Turing, Computing, Machinery, and Intelligence, first edition, Edinburgh, 1950. $3,000 to $5,000.
  • Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: The Shem Tov Bible, 1312 | A Masterpiece from the Golden Age of Spain. Sold: 6,960,000 USD
    Sotheby’s: Ten Commandments Tablet, 300-800 CE | One of humanity's earliest and most enduring moral codes. Sold: 5,040,000 USD
    Sotheby’s: William Blake | Songs of Innocence and of Experience. Sold: 4,320,000 USD
    Sotheby’s: The Declaration of Independence | The Holt printing, the only copy in private hands. Sold: 3,360,000 USD
    Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: Thomas Taylor | The original cover art for Harry Potter and the Philosopher's Stone. Sold: 1,920,000 USD
    Sotheby’s: Machiavelli | Il Principe, a previously unrecorded copy of the book where modern political thought began. Sold: 576,000 GBP
    Sotheby’s: Leonardo da Vinci | Trattato della pittura, ca. 1639, a very fine pre-publication manuscript. Sold: 381,000 GBP
    Sotheby’s: Henri Matisse | Jazz, Paris 1947, the complete portfolio. Sold: 312,000 EUR

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