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>Mayfair Book Auctions, July 16:</b><br>Lot 1. Albertus Magnus, De Natura Locorum, 2nd edn, 1515. £3000 to £4000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 22. George Cooke, Scenery of the East India Islands, 1811-13. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 23. J.M. Crozet, Nouveau vouage a la Mer du Sud, 1st edn, 1783. £4000 to £6000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 27. J.P.J.Du Bois, Vies des Gouverneurs Generaux, 1st edn, 1763. £1200 to £1800.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 28. Wm Ellis, Authentic Narrative...Captain Cook, 1st edn, 1782. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 31. Thomas Forrest, Voyage to New Guinea, 1st edn, 1779. £1500 to £2000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 32. Forster & Forster, Voyage round the World, 1st edn, 1777-78. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 38. Gianetti, Elogy of Captain James Cook, 1st edn, 1785. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 46. Otto von Kotzebue, Entdeckungs Reise, 1st edn, 1821. £3500 to £4500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 52. Alejandro Malaspina, Viaje politico-scientifico, 1st edn, 1885. £2000 to £3000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 60. Sydney Parkinson, Journal of Voyage to the South Seas, large paper, 1773. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 64. Nathaniel Portlock, A Voyage round the World, 1st edn, 1789. £4000 to £6000.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including Property from<br>The Eric C. Caren Collection<br>Bidding Closes July 21st</b>
    <b>Sotheby’s:</b> Albert Einstein. Typed letter signed “A. Einstein” to Ensign Guy H. Raner Jr. $70,000 to $100,000.
    <b>Sotheby’s:</b> Alfred Swaine Taylor. Early "photogenic drawing" photograph of a fern. $10,000 to $15,000.
    <b>Sotheby’s:</b> The Chicago Seven. Cook County Jail identification cards. $5,000 to $7,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including Property from<br>The Eric C. Caren Collection<br>Bidding Closes July 21st</b>
    <b>Sotheby’s:</b> Harper Lee. A fine group of letters to Claudia Durst Johnson and other manuscript material. $60,000 to $80,000.
    <b>Sotheby’s:</b> A. R. Gurrey Jr.. The Surf Riders of Hawaii. Honolulu, Territory of Hawaii. $30,000 to $50,000.
    <b>Sotheby’s:</b> George Herman “Babe” Ruth. The Babe Ruth Story by Babe Ruth as told to Bob Considine. $10,000 to $15,000.
  • <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> O'Fihely, Maurice Abp. <i>Questiones subtilissme Scoti in metaphysicam Aristotelis</i>, Venice (Octavianus Scoti) 20th November 1497. 8,000 to 12,000 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Pococke (Richard). <i>A Description of the East and some other Countries,</i> 3 vols. in 2, L. (W. Bowyer) 1743. 2,250 to 3,500 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Keogh (John). <i>Botanalogia Universalis Hibernica, or A General Irish Herbal Calculated for this Kingdom, giving an account of the Herbs, Scrubs…</i>, Corke (George Harrison) 1735. 1,000 to 1,500 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Perry (Charles). <i>A View of the Levant particularly of Constantinople, Syria, Egypt and Greece,</i> L. (T. Woodward) 1743. 800 to 1,200 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Shaw (Thomas). <i>Travels, or Observations Relating to Several Parts of Barbary and the Levant,</i>, Oxford (The Theatre) 1738. 600 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (Nicholas) Bishop of Ferns] Attributed, <i>Recit Exact et Fidele de la Vente et Partage du Roiaume d'Irlande Fait Sous Charles II…,</i> Milan (Chez Charles Joseph Quinto) 1724. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (V. Rev.Dr. Nicholas, Bp of Ferns.)] <i>The Unkinde Desertor of Loyall Men and True Frinds,</i> 12mo, n.p. 1676. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Yeats (W.B.) <i>Plays and Controversies,</i>, N.Y. (The MacMillan Company) 1924, Signed Limited Edn. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Barrie (J.M.) & Thomson (Hugh) illus. <i>Quality Street, a Comedy in Four Acts,</i> L. (Hodder and Stoughton) 1901, Limited Edition, signed by the artist. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Molyneaux (William). <i>The Case of Ireland's being bound by Acts of Parliament in England Stated,</i> [London 1719]. 200 to 300 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Johnston's (W. & A.) Map of South Africa, to illustrate the Military Operations 1900. 100 to 150 €
  • <b>Swann Auction Galleries, July 30:</b> Adam Smith, <i>Wealth of Nations,</i> first edition, descended from William Alexander, London, 1776. $70,000 to $90,000.
    <b>Swann Auction Galleries, July 30:</b> George Gershwin, photograph signed & inscribed with autograph musical quotation, <i>An American in Paris,</i> 1928. $8,000 to $12,000.
    <b>Swann Auction Galleries, July 30:</b> Friedrich Engels, <i>The Condition of the Working Class in England,</i> first edition, NY, 1887. $5,000 to $7,500.
    <b>Swann Auction Galleries, July 30:</b> <i>Bury St. Edmunds Witch Trials,</i> first edition, London, 1682. $2,000 to $3,000.
    <b>Swann Auction Galleries, July 30:</b> Robert Rey, <i>Estampes,</i> complete portfolio of 12 wood engravings, Paris, 1950. $12,000 to $18,000.
    <b>Swann Auction Galleries, July 30:</b> Archive of 47 letters by Enrico Caruso to a lady friend, 1906-20. $7,000 to $10,000.
    <b>Swann Auction Galleries, July 30:</b> Books of Hours in Flemish, Netherlands, 15th century. $8,000 to $10,000.
    <b>Swann Auction Galleries, July 30:</b> Jack Kerouac, <i>Doctor Sax,</i> deluxe limited edition, signed, NY, 1959. $4,000 to $6,000.
    <b>Swann Auction Galleries, July 30:</b> Walt Disney, signature on title-page of Ward Greene’s <i>Lady and the Tramp,</i> first edition, first printing. $3,000 to $4,000.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.

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