Rare Book Monthly

Articles - August - 2005 Issue

Controversy Surrounds Google Print For Libraries

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Google has set up barriers similar to those provided with Google Print for Publishers for viewing these still under copyright works. Searchers could never access more than a snippet at a time. Presumably, small snippets would fall within the limits of the "fair use" legal doctrine. We won't attempt to explain this vague legal concept which sometimes allows portions of copyrighted material to be copied, but here's an example. If you publish the line "Frankly, my dear, I don't give a damn" on your website, no one is going to be able to successfully sue you. Post the entire book Gone With The Wind on your site and expect to see lawyers at your front door. There are a number of "fair use" exceptions to copyright law, such as ones that involve students and educational institutions, but the most notable one here is the exception for small quotes from a larger piece. However, there is no fixed number of words, or fixed percentage of a book, which can be fairly copied before you slip over the edge of infringement. It's one of those vague borders that no one can definitely define. However, we can clearly say that you are likely to be able to get away with copying a larger amount of text from, say, War and Peace than Goodnight Moon. This is not because Goodnight Moon is unquestionably the more popular book, but because it contains much less text in total.

Google rightly points out that what they are doing can help the copyright holders. Learning about long-forgotten books may renew interest in them, and with renewed interest can come renewed sales. However, that really isn't relevant. If a copyright holder does not wants its material copied, that is their prerogative, no matter how shortsighted it might be. The real question is whether what Google is doing is a violation of those copyrights, and at least at this point, the answer is not clear.

Publishing short snippets of a work would seem to be well within the bounds of fair use. However, what Google is doing (or proposing to do) is copy entire texts. And technically, they may be making entire texts available for public viewing. Of course you could never view it all at once, and the complexity of doing enough Google searches to reveal the entire text of a book through dozen-word snippets is probably comparable to counting all of the stars in the sky, or all of the unsold books posted on ABE. It is essentially impossible. Nonetheless, it is theoretically possible. Then there are issues such as the publishers' concern that someone might hack Google's database and read the entire text of a book. Why they would go to this trouble rather than just purchase a used copy is not clear, but the logic employed by hackers is not one that most of us understand. There may also be issues that Google is using these books for commercial purposes. Greater leniency to copying is afforded educational institutions and not-for-profits than a commercial enterprise like Google, though it must be noted that Google tends to build wonderful services and then worry about how to make money from them later. It is a refreshing oddity.

This should be an intriguing debate to watch. It is another very interesting case pitting the public's right to access and share information via the internet against the creators' right to control and profit from their work. Of course, this dispute has been far more visible in the fields of music and film, but it applies to books too.

Rare Book Monthly

  • <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.
  • <b>Old World Auctions (Feb 8):</b> Lot 817. Bellin's complete five-volume maritime atlas with 581 maps & plates (1764). $24,000 to $30,000.
    <b>Old World Auctions (Feb 8):</b> Lot 325. An early and important map of the Republic of Texas (1837). $11,000 to $14,000.
    <b>Old World Auctions (Feb 8):</b> Lot 45. De Bry's early map of North Pole depicting Willem Barentsz' expedition (1601). $3,500 to $4,250.
    <b>Old World Auctions (Feb 8):</b> Lot 154. Poignant map of the United States documenting lynchings (1931). $250 to $325.
    <b>Old World Auctions (Feb 8):</b> Lot 457. Extremely rare matching set of pro-German propaganda from WWI (1914). $2,000 to $2,400.
    <b>Old World Auctions (Feb 8):</b> Lot 815. Homann's world atlas featuring 110 maps in contemporary color (1751). $14,000 to $16,000.
    <b>Old World Auctions (Feb 8):</b> Lot 60. Miniature pocket globe based on Herman Moll (1785). $3,500 to $4,500.
    <b>Old World Auctions (Feb 8):</b> Lot 8. Visscher's rare carte-a-figures world map (1652). $14,000 to $16,000.
    <b>Old World Auctions (Feb 8):</b> Lot 158. Matching satirical maps of the US by McCandlish: "Ration Map" & "Bootlegger's Map" (1944). $3,000 to $4,000.
    <b>Old World Auctions (Feb 8):</b> Lot 820. One of the finest English atlases of the early 19th century (1808). $4,750 to $6,000.
    <b>Old World Auctions (Feb 8):</b> Lot 59. Important milestone in preparation for 1969 moon landing (1963). $750 to $900.
    <b>Old World Auctions (Feb 8):</b> Lot 805. Superb bible leaf with image of crucifixion of Jesus with gilt highlights (1518). $800 to $950.
  • <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.
  • <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>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.

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