• Fonsie Mealy’s, Dec. 12-13: Roberts (David) & Croly (George). The Holy Land, Syria, Idumae, Arabia, Egypt and Nubia. Lond. 1842 - 1843 [-49]. First Edn. €10,000 to €15,000.
    Fonsie Mealy’s, Dec. 12-13: Incunabula: O'Fihily (Maurice). Duns Scotus Joannes: O'Fihely, Maurice Abp… Venice, 20th November 1497. €8,000 to €12,000.
    Fonsie Mealy’s, Dec. 12-13: An important file of documents with provenance to G.A. Newsom, manager of the Jacob’s Factory in Dublin, occupied by insurgents during Easter Week 1916. €6,000 to €9,000.
    Fonsie Mealy’s, Dec. 12-13: WILDE (Oscar), 1854-1900, playwright, aesthete and wit. A lock of Wilde’s Hair, presented by his son to the distinguished Irish actor Mícheál MacLiammóir. €6,000 to €8,000.
    Fonsie Mealy’s, Dec. 12-13: Heaney (Seamus). Bog Poems, London, 1975. Special Limited Edition, No. 33 of 150 Copies, Signed by Author. Illus. by Barrie Cooke. €4,000 to €6,000.
    Fonsie Mealy’s, Dec. 12-13: Binding: Burke, Thomas O.P. (de Burgo). Hibernia Dominicana, Sive Historia Provinciae Hiberniae Ordinis Praedicatorum, ... 1762. First Edition. €4,000 to €6,000.
    Fonsie Mealy’s, Dec. 12-13: COLLINS, Michael. An important TL, 29 July 1922, addressed to GOVERNMENT on ‘suggested Proclamation warning all concerned that troops have orders to shoot prisoners found sniping, ambushing etc.’. €3,000 to €4,000.
    Fonsie Mealy’s, Dec. 12-13: Scott Fitzgerald (F.) The Great Gatsby, New York (Charles Scribner's Sons) 1925, First Edn. €2,000 to €3,000.
    Fonsie Mealy’s, Dec. 12-13: Yeats (W.B.) The Poems of W.B. Yeats, 2 vols. Lond. (MacMillan & Co.) 1949. Limited Edition, No. 46 of 375 Copies Only, Signed by W.B. Yeats. €1,500 to €2,000.
    Fonsie Mealy’s, Dec. 12-13: Miller (William) Publisher. The Costume of the Russian Empire, Description in English and French, Lg. folio London (S. Gosnell) 1803. First Edn. €1,000 to €1,500.
    Fonsie Mealy’s, Dec. 12-13: Miller (William) Publisher. The Costume of Turkey, Illustrated by a Series of Engravings. Lg. folio Lond.(T. Bensley) 1802. First Edn. €800 to €1,200.
    Fonsie Mealy’s, Dec. 12-13: Mason (Geo. Henry). The Costume of China, Illustrated with Sixty Engravings. Lg. folio London (for W. Miller) 1800. First Edn. €1,400 to €1,800
  • Dominic Winter Auctioneers
    December 13/14
    Printed Books, Maps & Original Art, Modern First Editions & Illustrated Books
    Dominic Winter, Dec. 13/14: Fleming (Ian). Dr. No, 1958; You Only Live Twice, 1964, 1st editions, presentation copies. £20,000-30,000
    Dominic Winter, Dec. 13/14: Doyle (Arthur Conan). The Sign of Four, 1st edition, 1890. £5,000-8,000
    Dominic Winter, Dec. 13/14: Huxley (Aldous). Brave New World, 1st edition, London: Chatto & Windus, 1932. £3,000-5,000
    Dominic Winter Auctioneers
    December 13/14
    Printed Books, Maps & Original Art, Modern First Editions & Illustrated Books
    Dominic Winter, Dec. 13/14: Stenbock (Eric Stanislaus). The Shadow of Death, 1st edition, 1893. £2,000-3,000
    Dominic Winter, Dec. 13/14: Tolkien (J. R. R.). The Lord of the Rings, 1st one volume edition, signed, 1968. £3,000-5,000
    Dominic Winter, Dec. 13/14: Orwell (George). Animal Farm, 1st edition, London: Secker & Warburg, 1945. £2,000-3,000
    Dominic Winter Auctioneers
    December 13/14
    Printed Books, Maps & Original Art, Modern First Editions & Illustrated Books
    Dominic Winter, Dec. 13/14: Cunard (Nancy, editor). Negro, Anthology made by Nancy Cunard, 1st edition, 1934. £2,000-3,000
    Dominic Winter, Dec. 13/14: Table Game. [The Little Artist Magic Painter, Austria], circa 1775. £1,000-1,500
    Dominic Winter, Dec. 13/14: Kirnig (Paul, 1891-1955). Austria, Vienna: Christophe Reisser's Söhne, c. 1930. £700-1,000
    Dominic Winter Auctioneers
    December 13/14
    Printed Books, Maps & Original Art, Modern First Editions & Illustrated Books
    Dominic Winter, Dec. 13/14: A collection of letters including from T. S. Eliot, Siegfried Sassoon, Bertrand Russell, Aldous Huxley et al, from the Lady Ottoline Morrell collection. £700-1,000.
    Dominic Winter, Dec. 13/14: The Gentleman's Magazine, or Monthly Intelligencer. 175 volumes, 1731-1844. £2,000-3,000
    Dominic Winter, Dec. 13/14: Mont Blanc peepshow. Mr Albert Smith's Ascent of Mont Blanc in Miniature, 1854. £1,500-2,000
  • Bonhams: FREDERICK DOUGLASS RETURNS TO AMERICA A FREE MAN. Sold for $353,175.
    Bonhams: TORTILLA FLAT INSCRIBED TO STEINBECK'S LITTLE SISTER, MARY. Sold for $57,600.
    Bonhams: A FRAGMENT OF THE ORIGINAL DRAFT OF OF MICE AND MEN, EATEN BY THE DOG. Sold for $12,800.
    Bonhams: KEPLER INVESTIGATES PLANETARY MOTION. Sold for $1,008,375.
    Bonhams: AUTOGRAPH MANUSCRIPT DRAFT LEAF FROM DARWIN'S DESCENT OF MAN, SIGNED BY DARWIN AT THE FOOT. Sold for $239,775.
    Bonhams: AUDOBON, JOHN JAMES. 1785-1851. THE BIRDS OF AMERICA. Sold for $32,000.
    Bonhams: FRANKLIN, BENJAMIN (1706-1790). AUTOGRAPH LETTER SIGNED. Sold for $38,175.
    Bonhams: MILNE, A.A. (1882-1956). BOXED SET OF 4 CHILDREN'S BOOKS. Sold for $20,480.
  • Sotheby’s
    Important Modern Literature from the Library of an American Filmmaker
    8 December 2023
    Sotheby’s, Dec. 8: Kerouac, Jack. Typescript scroll of The Dharma Bums. Typed by Kerouac in Orlando, Florida, 1957, published by Viking in 1958. 300,000 - 500,000 USD
    Sotheby’s, Dec. 8: Hemingway, Ernest. The autograph manuscript of "The Short Happy Life of Francis Macomber." [Key West, finished April 1936]. 300,000 - 500,000 USD
    Sotheby’s, Dec. 8: Miller, Henry. Typescript of The Last Book, a working title for Tropic of Cancer, written circa 1931–1932. 100,000 - 150,000 USD
    Sotheby’s, Dec. 8: Ruscha, Ed. Twentysix Gasoline Stations, with a lengthy inscription to Joe Goode. 40,000 - 60,000 USD
    Sotheby’s, Dec. 8: Hemingway, Ernest. in our time, first edition of Hemingway’s second book. 30,000 - 50,000 USD

Rare Book Monthly

Articles - December - 2009 Issue

Google Revises Book Settlement - Will It Be Enough?

Google offers an amended settlement.


By Michael Stillman

Google has filed its revised settlement that, if approved, would allow the internet giant to provide access to millions of copyrighted old books online. Next comes the period where objectors can object, after which the court will/may reach a decision. The next hearing is scheduled for February, so a resolution will not come before then.

After Google began scanning old books, many still under copyright, and making them available online, they were sued by groups representing authors and publishers. Google reached a settlement with these parties, one that essentially allowed them to make these books available to the public with sales proceeds being split 63%-37% (Google receiving the 37%). However, many of the copyright holders were unknown, leading others to claim the author and publisher groups had no right to settle this dispute on their behalf. This led to a host of parties objecting to the settlement. Some object that authors who do not want to participate in the settlement must opt out, rather than requiring Google to obtain copyright holders' approval first (opt in). Other parties, including competitors Amazon, Microsoft and Yahoo, objected that Google was obtaining a monopoly on these old books. Finally, the government, concerned Google was obtaining a monopoly, joined the opposition. The result was that the court called for a revised settlement between Google and the author and publisher groups. That revised settlement was filed two weeks ago.

The revised settlement has erased objections by some of the parties, while others remain as adamantly opposed as ever. Among them is the Open Book Alliance, the consortium that includes several Google competitors, which stated, "At its heart, this is the same flawed agreement with the same terminal shortcomings as before." What remains to be seen is how the 800-pound gorilla, also known as the U.S. Department of Justice, will react to the revised terms. Here are a few of the changes in the revised settlement.

Google removed a large block of opponents by agreeing not to make the complete text of foreign books not copyrighted in the U.S. available. Only books from England, Canada, and Australia, besides the U.S., will be made available in full. However, some may still object to Google's continuing to scan such books and make a small "snippet" available for viewing.

The revised settlement allows (but does not require) the Book Rights Registry, an independent group that will monitor access to these books and payment for their use, to provide libraries with more than one free-access terminal. Originally, Google offered public libraries only one terminal of free access to the books. This change should soften, though probably not eliminate, library opposition, as many libraries remained concerned about the cost of accessing the service beyond the guaranteed one free terminal.

The revision seeks to provide greater protection for those copyright holders who remain unknown, and do not file claims for their share of income from use of their books. Originally, they were to be represented by a publisher (who also represents known claimants), and after five years, the unknowns' share of income would have been distributed to the knowns. Now, the unknowns will have their own, independent representative, up to 25% of their income for the next five years can be expended searching for these unknown copyright holders, and the remaining money will be kept for them for a second five years, and only then, and with the court's approval, may be distributed to charities that promote literacy.

Google has agreed not to include books which contain more than 20% musical notation in their database. The original settlement put that percentage at 50%. This appears to have removed the objections of some music publishers.

The issue of competition has been partially addressed, but as to whether sufficiently so to resolve the major roadblock, government opposition, remains to be seen. Certain potentially anticompetitive pricing parameters have been removed, as has a requirement that the independent registry monitoring use of these books extend the terms of any better deals negotiated by Google competitors to Google. However, the revised agreement does not guarantee that anyone other than Google will have the right to offer books from unknown copyright holders without their express approval. This could still afford Google a monopoly. Resolving this issue is a tricky procedure, since it in effect alters copyright law. Such action really should be taken by the legislature to resolve these issues so Google, and anyone else who wishes, can go forward with this very important service. Such legislation would guarantee open competition, and hopefully resolve concerns of one company having absolute control of "orphan" (unknown copyright holder) books, with the ability to set any price they wish.

The court has set February 4, 2010, as the final date to file objections to the revised settlement, with the next hearing to be held on February 18.

Rare Book Monthly

  • Swannm Dec. 14: Lot 2:
    John Ford Clymer, U.S. Troops' Triumphant Return to New York Harbor, oil on canvas, circa 1944.
    Swannm Dec. 14: Lot 44:
    Edward Gorey, Illustration of cover and spine for Fonthill, a Comedy by Aubrey Menen, pen and ink, 1973.
    Swannm Dec. 14: Lot 50:
    Harrison Cady, frontispiece for Buster Bear's Twins by Thornton W. Burgess, watercolor and ink, 1921.
    Swannm Dec. 14: Lot 54:
    Ludwig Bemelmans, Pepito, portrait of Pepito from the Madeline book series, mixed media.
    Swannm Dec. 14: Lot 79:
    Gluyas Williams, Fellow Citizens Observation Platform, pen and ink, cartoon published in The New Yorker, March 11, 1933.
    Swannm Dec. 14: Lot 86:
    Thomas Nast, Victory, – for the moment, political cartoon, pen and ink, 1884.
    Swannm Dec. 14: Lot 91:
    Mischa Richter, Lot of 10 cartoons for Field Publications, ink and pencil, circa 1940.
    Swannm Dec. 14: Lot 111:
    Arthur Getz, Sledding In Central Park, casein tempera on canvas, cover of The New Yorker, February 26, 1955.
    Swannm Dec. 14: Lot 124:
    Richard Erdoes, Map of Boston, illustration for unknown children's magazine, gouache on board, circa 1960.
    Swannm Dec. 14: Lot 155:
    Robert Fawcett, The old man looked him over carefully, gouache on board, published in The Saturday Evening Post, June 9, 1945.
    Swannm Dec. 14: Lot 170:
    Violet Oakley, Portrait of Woodrow Wilson, charcoal and pastel, circa 1918.
    Swannm Dec. 14: Lot 188:
    Robert J. Wildhack, Scribner's for March, 1907, mixed media.
  • CHRISTIE’S
    Valuable Books and Manuscripts
    London auction
    13 December
    Find out more
    Christie’s, Explore now
    TREW, Christoph Jacob (1695–1769). Plantae Selectae quarum imagines ad exemplaria naturalia Londini in hortus curiosorum. [Nuremberg: 1750–1773]. £30,000–40,000
    Christie’s, Explore now
    VERBIEST, Ferdinand (1623–88). Liber Organicus Astronomiae Europaeae apud Sinas restituate. [Beijing: Board of Astronomy, 1674]. £250,000–350,000
    Christie’s, Explore now
    PROPERTY FROM THE COLLECTION OF ALICE & NIKOLAUS HARNONCOURT. Master of Jean Rolin (active 1445–65). Book of Hours, use of Paris, in Latin and French, [Paris, c.1450–1460]. £120,000–180,000
    Christie’s, Explore now
    A SILVER MICROSCOPE. Probably by Antoni van Leeuwenhoek (1632–1723), c.1700. £150,000–250,000
    Christie’s, Explore now
    AN ENGLISH HORARY QUADRANT
    C.1311. £100,000–150,000
  • Forum Auctions
    Online Sale
    Books and Works on Paper
    Ending 13th December 2023
    Forum, Dec. 13: Ackermann (Rudolph) [Views of Country Seats...], 146 hand-coloured aquatints from 'Repository of Arts’. £1,000 to £1,500.
    Forum, Dec. 13: Campbell (Colen) & others. Vitruvius Britannicus, or The British Architect..., 5 vol., [1751-1819]. £7,000 to £10,000.
    Forum, Dec. 13: Austen (Jane). The Novels, 12 vol., Edinburgh, John Grant, 1911. £1,500 to £2,000.
    Forum, Dec. 13: Murder broadside.- Horrid and barbarous murder of a female by cutting off her head, arms, and legs,… £200 to £300.

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