• <b>Swann Auction Galleries Jan 28:</b> Joseph F. Kernan, <i>College Football,</i> oil on canvas, <i>The Saturday Evening Post</i> cover, 1932. $25,000 to $35,000.
    <b>Swann Auction Galleries Jan 28:</b> Joseph C. Leyendecker, <i>Golfer Lighting a Cigarette,</i> oil on canvas, c.1920. $7,000 to $10,000.
    <b>Swann Auction Galleries Jan 28:</b> Howard Chandler Christy, <i>In the Field,</i> charcoal & watercolor, published in <i>Scribner’s,</i> 1902. $8,000 to $12,000.
    <b>Swann Auction Galleries Jan 28:</b> N.C. Wyeth, <i>Standish Reading,</i> pen & ink, for <i>The Courtship of Miles Standish,</i> 1920. $5,000 to $7,500.
    <b>Swann Auction Galleries Jan 28:</b> Johnanna Stewart Mapes, <i>A Fairy Book,</i> conté crayon, for <i>St. Nicholas Magazine,</i> 1907. $2,500 to $3,500.
    <b>Swann Auction Galleries Jan 28:</b> Arnold Lobel, pen & ink, for <i>The Frog & Toad Coloring Book,</i> 1981. $3,000 to $4,000.
    <b>Swann Auction Galleries Jan 28:</b> Antonio Lopez, <i>Today’s Fashions,</i> study for <i>The New York Times,</i> 1981. $2,500 to $3,500.
    <b>Swann Auction Galleries Jan 28:</b> Charles Schulz, <i>“I’ll have to go back to the house…I forgot my rubbers…”</i> pen & ink, original 4-panel <i>Peanuts comic,</i> 1960. $8,000 to $12,000.
    <b>Swann Auction Galleries Jan 28:</b> Constantin Alajalov, <i>Family Tree,</i> watercolor and gouache, cover for <i>The New Yorker,</i> 1938. Estimate $3,000 to $4,000.
  • <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
    <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
    <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
  • <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Rare 1778 Engraved map of Colonial Philadelphia after George Heap (1714-1752) and Nicholas Scull (1687-1761). $10,000 to $12,000.
    <b>Case Antiques, Jan. 30-31:</b> Author signed and inscribed <i>THE FOUNTAINHEAD,</i> stated First Edition, by Ayn Rand, published by The Bobbs-Merrill Company, Indianapolis, New York, 1943. $2,000 to $2,400.
    <b>Case Antiques, Jan. 30-31:</b> John James Audubon (American, 1785-1851) hand-colored aquatint engraving, "Yellow-billed Magpie, Stellers Jay, Ultramarine Jay and Clark's Crow," Plate Number CCCLXII. $1,800 to $2,200.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Andrew Jackson (1767-1845) autograph letter, signed, as President, to Nathan Reid detailing Jackson’s intervention on behalf of Reid's grandson. $1,800 to $2,200.
    <b>Case Antiques, Jan. 30-31:</b> Edward Steichen (Luxembourg/American, 1879-1973) portfolio of photographs, "The Early Years 1900-1927, 12 Hand-Gravure Prints" #41/1000, printed in 1981. $1,400 to $1,600.
    <b>Case Antiques, Jan. 30-31:</b> President John Fitzgerald Kennedy, TLS, one-page typed letter on The White House, Washington, D.C., stationary to John Marshall Butler. $1,400 to $1,600.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Two Pre-Civil War slave related letters, including one written by Mariah, a female domestic slave of James Vincent Musgrove (1814-1890) to her daughter. $1,000 to $1,200.
    <b>Case Antiques, Jan. 30-31:</b> Two author signed and inscribed Ayn Rand related books, including one Rand signed <i>WE THE LIVING,</i> London 1940 edition. $1,000 to $1,200.
    <b>Case Antiques, Jan. 30-31:</b> PLAN DE LA VILLE DE MEMPHIS (ETATS-UNIS) 40,000 HABITANTS pen and ink with watercolor hand drawn drainage system map, circa 1870. $700 to $900.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Scarce Mezzotint portrait of Thomas Pownall, Colonial Governor of the Province of Massachusetts Bay (1757-1760) and South Carolina (1760). $600 to $700.
    <b>Case Antiques, Jan. 30-31:</b> VIEW OF NORFOLK FROM COSPORT, VIRGINIA, John Hill, engraver, after John Shaw (U.K., 1776-1832). $600 to $700.
    <b>Case Antiques, Jan. 30-31:</b> THE BURNING OF THE MERCHANT'S EXCHANGE, NEW YORK CITY -THE GREAT FIRE OF DECEMBER, 1835. Scarce color lithograph, a 1909 reissue of the original 1836 print. $500 to $700.

Rare Book Monthly

Articles - November - 2009 Issue

The Google Settlement: Where It Stands, and Our Opinion on the Appropriate Resolution

Googlelogo

Google seeks to make


By Michael Stillman

The proposed settlement that would allow Google to offer digital copies of copyrighted books, and in particular so-called "orphan books," books that are out of print and their copyright holders hard to find, is moving ahead at a rapid pace, too rapid for some of the opponents. Google had reached a settlement with two groups representing authors and publishers, but the agreement also seeks to bind these missing copyright holders who have no say. A whole host of other parties has volunteered to speak on their behalf.

The settlement provides for an independent registry, funded by Google but managed by authors and publishers, to keep track of copyrighted books. Those available to Google would be sold with a 63%-37% split (copyright holder-Google) of revenues. Copyright holders may either put their names into the registry for their share of the royalties, or decline to participate, in which case Google will not sell access to their books. However, if neither claim nor refusal is filed (which will often be the case as many of these copyright holders could be authors dead for 60, 70, 80 years), Google will be able to sell access to the books without compensating the copyright holders.

Many parties have objected to this settlement, including competitors such as Amazon, Microsoft, Yahoo, and the nonprofit Internet Archive. Various publishing, library, and author groups can be found on each side of the issue, while Amazon book reader competitor Sony has sided with Google. Most of the opponents have banded together in an organization known as the Open Book Alliance. These groups sued in court to stop the settlement.

The case appeared to be coming close to a court ruling when the U.S. Government joined the opposition. This appeared to be a major victory for the objectors, but the government's objections may be much narrower than those of the other opponents. The government appears to want the settlement to be approved, but only after certain changes are made to allow for greater competition. The government wants other potential vendors of "orphan books" to have access to the same deal as Google, along with a few other changes. Once the government filed its objection, the court immediately put its plans for an October 6 decision on hold, and encouraged the parties to come up with a revised settlement that would resolve the differences.

Now, Google and its settlement partners have succeeded in getting the court to set the next hearing for November 9, where they will offer their revised settlement. Their hope is for a final court ruling in December or January. The Open Book Alliance reacted bitterly, claiming that Google and its settlement partners are pushing through a revision that may satisfy the government objections, but not their own (and for some of them, their hope may simply be to kill the settlement, not revise it). The OBA issued a statement saying that any settlement must be fully reviewed by all of their parties, not just the government. They continued, "It's also clear that the settlement partners have zero interest in creating an open process that takes input from critical stakeholders. Instead, Google and its partners are serving their private business interests and ignoring the public interest. They came to the courtroom without a single concrete recommendation of how they would address any of the problems with the original settlement. Instead, they proposed more of the same - secret, backroom negotiations - rather than an open, transparent and collaborative process."

We asked Google's Megan Lamb for Google's position on access by competitors to the books listed in the Registry. She responded, "The settlement is non-exclusive. The registry can do deals with any other company, including Google competitors, and as the testimony [of Google's Chief Legal Officer David Drummond before the House Judiciary Committee on September 10] says, 'If a competitor offers the registry a better deal, the registry has every incentive to take it.'" In other words, any competitor would be free to deal with the authors and publishers' registry, just as Google has. As for "orphan books," those for whom permission to republish is neither received nor denied, Ms. Lamb stated, "We have supported orphan works legislation for many years and continue to do so." She referred us to Mr. Drummond's testimony for more details on Google's position.

Rare Book Monthly

  • <center><b>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
    <center><b>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
    <center><b>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Schedel (Hartmann). <i>Liber Chronicarum,</i> first edition, Nuremberg, Anton Koberger for Sebald Schreyer and Sebastian Kammermeister, 1493. £30,000 to £50,000.
    <b>Forum Auctions, Jan. 28:</b> [Greek Orthodox Church].- <i>Menaion,</i> manuscript in Greek, on paper, in Greek letters, [Eastern Mediterranean], [c. 1400]. £5,000 to £7,000.
    <b>Forum Auctions, Jan. 28:</b> American Revolution.- Loyalist's cow powder horn, engraved with the cypher "GR" for George III surmounted by a crown, an inscription, and on reverse an engraving of the "North River" [Hudson River], 1777. £5,000 to £7,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Illuminated prayer book.- <i>Maria Carcer y Trigueros... Santa Misa y Oraciones,</i> illuminated manuscript in Spanish, on paper, [c. 1850]. £5,000 to £7,000.
    <b>Forum Auctions, Jan. 28:</b> Hardy (Thomas). <i>The Mayor of Casterbridge,</i> 2 vol., first edition in book form, original cloth, 1886. £2,000 to £3,000.
    <b>Forum Auctions, Jan. 28:</b> [Austen (Jane)]. <i>Emma: A Novel,</i> first edition, Printed for John Murray, 1816. £7,000 to £10,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Brontë (Charlotte). <i>Jane Eyre. An Autobiography,</i> 3 vol., first edition, Smith, Elder and Co., 1847. £10,000 to £15,000.
    <b>Forum Auctions, Jan. 28:</b> Cruikshank (George). <i>The Road to the Derby,</i> one of two proof copies, Raphael Tuck & Sons, 1882. £600 to £800.
    <b>Forum Auctions, Jan. 28:</b> Meunier (Charles, binder).- Gruel (Leon). <i>Manuel Historique et Bibliographique de l'Amateur de Reliures,</i> 2 vol., Paris, 1887.-1905. £3,000 to £4,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Burne-Jones (Sir Edward). <i>The Work of Edward Burne-Jones,</i> edited by Philip Burne-Jones, one of 200 copies, [c.1900]. £4,000 to £6,000.
    <b>Forum Auctions, Jan. 28:</b> Nazraeli Press.- <i>Six by Six,</i> 36 vol. [a complete set], one of 100 sets, each with signed photograph, Portland, Or., 2010-16. £10,000 to £15,000.
    <b>Forum Auctions, Jan. 28:</b> Australasia.- Péron (Francois) and Freycinet. <i>Voyage de Découvertes aux Terres Australes,</i> 5 vol. including Atlas, second edition, Paris, 1824. £6,000 to £8,000.

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