Rare Book Monthly

Articles - January - 2010 Issue

The Google Settlement: What's at Stake and Why It Is Important

Googlebooksset

The settlement, if approved, would allow Google to provide access to millions more books.


By Michael Stillman

Developments in the proposed settlement involving Google Books are on hold until the next court hearing scheduled in February. We will use this temporary halt to explain a few of the issues and why this case is of such groundbreaking importance to those interested in books.

Q. What is the cause of the controversy?
A. Google has been scanning millions of old books in various libraries, and making images of their text, or at least part of their text, available to the public. Some books are out of copyright, and these cause no problem. Google has arrangements with the copyright holders of others, and these, too, are not an issue. Where the issue arises in when Google makes copies of books still under copyright available to the public without the permission of the copyright holder.

Q. Why would Google do this, instead of first obtaining the copyright holder's permission?
A. Many of those who oppose the settlement, particularly the Open Book Alliance (a consortium of opponents), raise this very question. However, there are millions of books out there whose copyright holders are unknown or cannot be located. These are generally referred to as "orphan books." Every book published in the U.S. after 1923 could still be under copyright. So, let's say a book was published in 1925 and never reprinted, but is still under copyright. Perhaps the author died in 1930, and the publisher went out of business in 1940. How do you locate the copyright holder? How do you even know who the copyright holder is? Perhaps dozens of great-great-grandchildren of the author, or the heirs of publisher's bankruptcy creditors hold those rights, but who knows? Most likely whoever technically holds those rights doesn't even know it. Obtaining permission first essentially means these books cannot be made available to the public, by Google or anyone else. We are the losers, as access is lost.

Q. How does the proposed settlement resolve this issue?
A. When Google began making these "orphan" and other copyrighted books available to the public, groups representing authors and publishers sued them. Google and these groups then reached a settlement. It provides for an independent registry to manage copyrighted books. Google could sell access to these books, including "orphans," but 63% of the revenues they generate would go to the copyright holders (the remaining 37% to Google). Copyright holders who do not agree to this arrangement are free to opt out and then Google will not make their books available to the public.

Q. What happens to money earned by unknown copyright holders? Does Google get to keep it?
A. Royalties earned by sales of access to "orphan books" are subject to the same 63%-37% split. Google gets their standard 37% share, but no, they do not get the other 63% too if copyright holders cannot be located. That money goes into separate fund, up to 25% of which can be used to attempt to locate missing copyright holders, and if they are never found, may, after a minimum of 10 years, be given to charities which promote literacy.

Q. So why hasn't this resolved the problem?
A. Because however reasonable the arrangement may be, the copyright holders of "orphan books" have not agreed to the arrangement. Normally, you must obtain permission first to publish a copyrighted book. Instead, Google is publishing the book first and then waiting to see if the copyright holder objects. It's sort of putting the cart before the horse. But, as noted earlier, requiring permission for most "orphan" works first is virtually impossible as copyright holders are lost, meaning that sticking to normal form amounts to making millions of old books almost unobtainable. That would not be a good outcome from a public policy standpoint.

Rare Book Monthly

  • <b>Christie’s Paris, 20 Feb:</b> BELON. <i>L’Histoire de la nature des oyseaux.</i> Paris : Corrozet, 1555. $17,000 to $23,000
    <b>Christie’s Paris, 20 Feb:</b> MIOMANDRE – BARBIER. <i>Dessins sur les danses de Vaslav Nijinsky.</i> Paris. 1913. $23,000 to $34,000
    <b>Christie’s Paris, 20 Feb:</b> HOKUSAI. <i>Fugaku Hyakkei, Edo : Nishimura Yûzô.</i> 1834-1875. $58,000 to $80,000
    <b>Christie’s Paris, 20 Feb:</b> EDWARDS. <i> <br>A Natural History of Uncommon Birds…</i> London : Printed for the Author. 1743-1764. $35,000 to $46,000
    <b>Christie’s Paris, 20 Feb:</b> VESALIUS. <i><br> De Humane Corporis Fabrica libri septem...</i> Basle : J. Oporinus. 1555. $58,000 to $80,000
  • <b>Morton Subastas on Bidsquare:</b><br>Die Französische Expedition gegen Mexico /Beilagen zum Beiheft des Militair - Wochenblattes
    <b>Morton Subastas on Bidsquare:</b><br>The Architecture Of M. Vitruvius Pollio. London, 1791.
    <b>Morton Subastas on Bidsquare:</b> Estatuto Provisional del Imperio Mexicano. México: Imprenta de Andrade y Escalante, 1865.
    <b>Morton Subastas on Bidsquare:</b> Historia de Méjico... México, 1849 - 1852.
    <b>Morton Subastas on Bidsquare:</b> Juárez, Benito - Ogazón, Pedro. Legajos de Bandos del Estado de Guadalajara, 1860-1863.
    <b>Morton Subastas on Bidsquare:</b> Sigüenza y Góngora, Carlos. Mapa de las Aguas que por el Círculo de 90 Leguas Vienen a la Laguna de Tescuco... Méx, 1748.
    <b>Morton Subastas on Bidsquare:</b> Cruces y Campa / Aubert / Valleto. Pareja Imperial, Fusilamiento de Maximiliano, Tipos Mexicanos... ca,1875.
  • <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Albert Einstein A remarkable letter on God in English, one of his most eloquent and quoted, 1 p, July 2, 1945. $100,000 to $150,000.
    <b>Bonhams, Mar 6-14:</b> Benjamin Lincoln's commission as Major General in the Continental Army, February 19th, 1777. $60,000 to $90,000.
    <b>Bonhams, Mar 6-14:</b> Broadside. A Poem Upon the Bloody Engagement That Was Fought on Bunker's-Hill. 1775. $15,000 to $25,000.
    <b>Bonhams, Mar 6-14:</b> Early, full printing of the Star-Spangled Banner in The Yankee, October 7, 1814. $8,000 to $12,000.
    <b>Bonhams, Mar 6-14:</b> Paul Revere. Engraving, “The Boston Massacre Perpetrated on March 5, 1770," in <i>Massachusett's Calendar 1772.</i> $8,000 to $12,000.
    <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Earliest known newspaper coverage of Babe Ruth, "a St Mary's schoolboy," Baltimore, April 4, 1914. $6,000 to $9,000
    <b>Bonhams, Mar 6-14:</b> Franklin, Benjamin. <i>The Independent Whig.</i> First Magazine Published in America, Philadelphia: Keimer, 1723-4. $15,000 to $20,000
    <b>Bonhams, Mar 6-14:</b> Smith, Joseph. <i>The Book of Mormon.</i> Palmyra: Printed by E.B. Grandin for the Author, 1830. First printing. $40,000 to $60,000
    <b>Bonhams, Mar 6-14:</b> Last Words of Joseph Smith. Autograph Letter Signed from a Mormon disciple, conveying a contemporary account of the Prophet's final words, Nauvoo, July 27, 1844. $10,000 to $15,000
    <b>Bonhams, Mar 6-14:</b> John Brown's Body. Autograph Letter Signed from the daughter of John Brown attempting to arrange the return of her father's body, North Elba, Essex Co, NY, November 29, 1859. $4,000 to $6,000
    <b>Bonhams, Mar 6-14:</b> Powell Expedition. Autograph diary of Rhodes C. Allen kept during the Powell Expedition of 1868, June 29, 1868 - November 16, 1868. $20,000 to $40,000
  • <b>Swann Auction Galleries, Feb 21:</b> NASA archive with 351 photographs, silver & chromogenic prints, 1960-2002. $6,000 to $9,000.
    <b>Swann Auction Galleries, Feb 21:</b> Edward S. Curtis, suite of 18 cyanotypes, 1910-14. $25,000 to $35,000.
    <b>Swann Auction Galleries, Feb 21:</b> Edward S. Curtis, <i>Horse Capture, Atsina,</i> unique copper plate for <i>The North American Indian,</i> 1908. $60,000 to $90,000.
    <b>Swann Auction Galleries, Feb 21:</b> John Whipple, <i>Harriet Beecher Stowe,</i> salted print from a calotype negative, 1853. $10,000 to $15,000.
    <b>Swann Auction Galleries, Feb 21:</b> Lewis Carroll, <i>Xie Kitchen,</i> albumen print, circa 1872. $8,000 to $12,000.
    <b>Swann Auction Galleries, Feb 21:</b> Ansel Adams, <i>Taos Pueblo,</i> limited, signed first edition of the artist's first book, 12 silver bromide prints, 1930. $30,000 to $45,000.
    <b>Swann Auction Galleries, Feb 21:</b><br>JFK in his motorcade about 2 mins before his assassination, chromogenic print, 1963. $2,000 to $3,000.
    <b>Swann Auction Galleries, Feb 21:</b> Anton Guilio Bragaglia, 6 photomechanical postcards with facsimile signatures, 1911-13, printed 1932. $30,000 to $45,000.
    <b>Swann Auction Galleries, Feb 21:</b> Société Anonyme, Inc, group of 9 postcards, including 8 real photo postcards, 1920-30. $25,000 to $35,000.
  • <b>Bonhams, Mar 12:</b> Walt Whitman. <i>Leaves of Grass.</i> First edition, first issue, SIGNED in block letters by Whitman. 1855. $200,000 to $300,000
    <b>Bonhams, Mar 12:</b> Isaac Newton's copy of John Greave's <i>Pyramidographia,</i> London, 1646. $50,000 to $70,000
    <b>Bonhams, Mar 12:</b> Colonel John Mosby. Robert E. Lee's autograph letter to Samuel Cooper reporting on Mosby's exploits, with Cooper's autograph note ordering his appointment to Major.
    <b>Bonhams, Mar 12:</b> Gyula Halasz Brassai. Large archive of autograph and typed letters, over 260, to his family including his wife Gilberte, 1947-1978. $40,000 to $60,000
    <b>Bonhams, Mar 12:</b> Archive of drawings and letters from Harper Lee to Charles Carruth, including an inscribed first edition of <i>To Kill a Mockingbird.</i> $20,000 to $30,000
    <b>Bonhams, Mar 11:</b> VESALIUS, ANDREAS. 1514-1564. <i>De humani corporis fabrica libri septem.</i> Basel: Johannes Oporinus, June 1543. $300,000 to $500,000
    <b>Bonhams, Mar 11:</b> HARVEY, WILLIAM. 1578-1657. <i>De motu cordis & sanguinis in animalibus Anatomica Exercitatio.</i> Leiden: Joannis Maire, 1639. $25,000 to $35,000
    <b>Bonhams, Mar 11:</b> BERENGARIO DA CARPI, GIACOMO. 1460-1530. <i>Isagogae breves perlucide ac uberrimae in Anatomiam humani corporis.</i> Bologna: Benedictus Hectoris, 15 July 1523. $15,000 to $25,000
    <b>Bonhams NY, Mar 11:</b> FRANKLIN, BENJAMIN. 1706-1790. <i>Experiments and Observations on Electricity, made at Philadelphia in America…</i> London, 1769. $10,000 to $15,000
    <b>Bonhams NY, Mar 11:</b> BENIVIENI, ANTONIO. 1443-1502. <i>De abditis nonnullis ac mirandis morborum et sanationum causis.</i>Florence: Filippo Giunta, 1507. $8,000 to $12,000

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