• Bonhams, June 25: Vesalius, Andreas. 1514-1564. De humani corporis fabrica libri septem. $200,000 - $300,000
    Bonhams, June 25: Gersdorff, Hans Von. 1455-1529. Feldtbuch der wundartzney. $40,000 - $60,000
    Bonhams, June 25: Pare, Ambroise. C.1509-1590. La Methode Curative des Playes, et Fractures de la Teste humaine. Avec les pourtraits des Instruments necessaires pour la curation d'icelles. $25,000 - $30,000
    Bonhams, June 25: Reisch, Gregor. 1470-1525. Margarita Philosophica. $20,000 - $30,000
    Bonhams, June 25: Bright, Richard. 1789-1858. Reports of Medical Cases, Selected with a View of Illustrating the Symptoms and Cure of Diseases by a Reference to Morbid Anatomy. $12,000 - $18,000
    Bonhams, June 25: Berengario da Carpi, Giacomo. C. 1460-1530. Tractatus de fractura calve sive cranei. $10,000 - $15,000
    Bonhams, June 25: Vicq D'Azyr, Felix. 1748-1794. Traite d'antomie et de physiologie. $8,000 - $12,000
    Bonhams, June 25: Croce, Giovanni Andrea Della. 1509?-1775. Chirurgia libri septem... $8,000 - $12,000
    Bonhams, June 25: Bruno Da Longburgo. 1200-1286. La cyrogia di Maistro Bruno: Expertissimo in quella. Tradutta in vulgare. $8,000 - $12,000
    Bonhams, June 25: Schwann, Theodor. 1810-1882. Mikroskopische Untersuchungen uber die Ubereinstimmung in der Struktur und dem Wachsthum der Thiere und Pflanzen. $8,000 - $12,000
    Bonhams, June 25: Cowper, William. 1666-1709. The Anatomy of Humane Bodies, with Figures Drawn after the Life… $6,000 - $9,000
    Bonhams, June 25: Bidloo, Govard. 1649-1713. Anatomia humani corporis, centum & quinque tabulis, per artificiossis. G. de Lairesse ad vivum delineatis. $6,000 - $9,000
  • Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 19: Lot 70 - Warner (Robert). The Orchid Album, 11 volumes, 1882-1897. £5,000 to £8,000
    Dominic Winter, June 19: Lot 151 - United States. Melish (John), Map of the United States with..., British & Spanish Possessions, 1816. £40,000 to £60,000
    Dominic Winter, June 19: Lot 159 - World. Speed (John), A New and Accurat Map of the World, 1676. £4,000 to £6,000.
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 503 - American Civil War playing cards. Union Cards, New York: American Card Co., 1862. £500 to £800
    Dominic Winter, June 20: Lot 573 - Shepard (Ernest Howard), 'The Hour is Come’, original watercolour, [1959]. £10,000 to £15,000
    Dominic Winter, June 20: Lot 922 - Wilde (Oscar). An Ideal Husband, large paper limited issue, 1899. £4,000 to £6,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 744 - Disney (Walt). “Sketch Book” [of Snow White and the Seven Dwarfs], 1938. £700 to £1,000
    Dominic Winter, June 20: Lot 771 - Auden (Wystan Hugh). Portrait of the head of W. H. Auden, 1970. £1,000 to £1,500
    Dominic Winter, June 20: Lot 822 - Fleming (Ian). Goldfinger, 1st edition, signed by the author, 1959. £6,000 to £8,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 895 - Rowling (J. K.). A complete inscribed set of Harry Potter books plus ephemera. £8,000 to £12,0000
    Dominic Winter, June 20: Lot 883 - Orwell (George). Nineteen Eighty-Four, 1st edition, London: Secker & Warburg, 1949. £3,000 to £5,000
    Dominic Winter, June 20: Lot 700 - Ashendene Press. T. Lucreti Cari De Rerium Natura Libri Sex, Chelsea: Ashendene Press, 1913. £4,000 to £6,000
  • Heritage Auctions, June 27
    F. Scott Fitzgerald
    The Great Gatsby
    New York: Charles Scribner's Sons, 1925
    Heritage Auctions, June 27
    Mary Shelley
    Frankenstein: or, The Modern Prometheus
    London: Lackington, Hughes, Harding, Mavor, & Jones, 1818
    Heritage Auctions, June 27
    J. R. R. Tolkien
    The Hobbit; or, There and Back Again
    London: George Allen & Unwin Ltd., 1937
    Heritage Auctions, June 27
    Jane Austen
    Emma: A Novel. In Three Volumes. By the Author of "Pride and Prejudice," &c. &c.
    London: Printed for John Murray, 1816
    Heritage Auctions, June 27
    Robert Louis Stevenson
    An Inland Voyage
    London: C. Kegan Paul & Co., 1878
    Heritage Auctions, June 27
    Ernest Hemingway
    Three Stories & Ten Poems
    Paris: Contact Publishing Co., 1923
    Heritage Auctions, June 27
    Meriwether Lewis and William Clark
    History of the Expedition under the Command of Captains Lewis and Clark
    Philadelphia, 1814
    Heritage Auctions, June 27
    Emily Dickinson
    Autograph letter signed ("Emily and Vinnie"), to Mary Adelaide Hills
    Amherst, MA, Late April, 1880
    Heritage Auctions, June 27
    John Keats
    Autograph letter signed ("John Keats"), to Mrs. Jeffrey
    Honiton 4 or 5 May 1818
    Heritage Auctions, June 27
    Samuel Johnson
    A Dictionary of the English Language: In which the Words are deduced from their Originals…
    London, 1765
    Heritage Auctions, June 27
    H. P. Lovecraft
    Small archive of nine lengthy autograph letters signed variously over a period of six years to J. Vernon Shea.
    Various places, 1931-1937
    Heritage Auctions, June 27
    Izaak Walton
    The Compleat Angler or the Contemplative Man's Recreation…
    London: T. homas Maxey for Rich. ard Marriot, 1653

Rare Book Monthly

Articles - March - 2010 Issue

The Google Books Case: A Bridge Too Far?

The Google case is being heard in the Southern District of New York Federal Court.


By Michael Stillman

The legal case over Google's plan to digitize millions of out of print but copyrighted books continues to drag on, a federal judge overwhelmed with arguments both pro and con. Judge Denny Chin of the Federal District Court for Southern New York heard further arguments from the seemingly limitless number of parties and declared there was "too much to digest" to make a quick decision. The Judge is going to need a case of Pepto-Bismol to digest all of the self-righteous and self-interested arguments inundating his in-box. This case presents a microcosm of why America doesn't work anymore.

Meanwhile, the government stepped in and, while being sympathetic to the aim of making these millions of forgotten books once again available to the public, labeled the Google proposal "a bridge too far." Unfortunately, opponents only offer a bridge to nowhere, or more accurately, no bridge at all. The Department of Justice is unhappy that the settlement may co-opt copyright law, but copyright law cannot deal with the current situation, and the legislature, which should be taking the lead, is so gridlocked it could not pass a resolution wishing everyone a good day without one side or the other voting or filibustering it down. So now Google, one of those rare American institutions that actually works, gets dragged into the maelstrom. Not that its answer is without flaws; it's just that its opponents offer reams of complaints with no solutions.

As a quick review, the problem arose when Google began its massive digitization process to make millions of old, out-of-print books available electronically. While most are out of copyright, there are still millions of books, potentially anything published after 1923, that is still under copyright. However, most of the older books in this group are long out of print, very difficult to find, and of no further financial benefit to the copyright holders, printing of them having ceased decades ago. Nevertheless, and abetted by a government which extended copyrights to almost a century a few years back, they are officially still under copyright. And, while technically Google should seek the copyright holders' permission first, rather than digitize the books and see if those holders object (which is what they did), such is essentially impossible as those authors may have died many years ago, and who now owns the copyrights is virtually impossible to determine (those who would have inherited the copyrights to obscure books likely don't even know themselves).

When Google chose to go ahead and digitize these old books anyway, two groups representing authors and publishers sued. Google reached a settlement with these groups, which in effect provides 37% of revenues from selling electronic copies to Google and 63% to the copyright holders, or, if they cannot be found, charity. This settlement, however, resulted in a host of objections from others, from competitors such as Microsoft, Yahoo and Amazon, to various government entities, other author and publisher groups, some academics, some library groups, and others with their own particular bone to pick. On Google's side, are other librarians and academics, including the University of Michigan's library, Sony (which makes an electronic reader that competes with Amazon's), some authors, and various organizations such as the National Federation of the Blind that foresees Google's library and voice conversion software opening access to these books to those who cannot see.

So, here is our perspective. It comes not from the interests of Google or Microsoft, Sony or Amazon, but what we believe to be the public interest. The others will take care of themselves, but someone needs to watch out for us.

1. What Google is doing is of enormous benefit to us. Their motivation, be it altruistic or economic, matters not at all. Gaining access to the information in millions of old books, most virtually unobtainable, others requiring searching through libraries far away (presuming they let us in), is of enormous benefit to research, entertainment, and knowledge. This is very, very good.

2. It is irrelevant whether Google makes a ton of money on this, nothing, or loses money. That is their issue. We need to act in a way that best serves the public interest.

3. While seeking permission first to use a copyrighted work is the proper order, in a case where you have 80-year-old copyrights filed by long-dead people and whose ownership is now unknown and impossible to affordably trace, this nicety doesn't work. Where the public interest is involved, and access to knowledge is a major public interest, adaptations, such as requiring the copyright holders, should they still exist, to demand the books be removed is not an unreasonable burden. Copyright laws exist to protect the public interest in the first place. And, when Congress extended those copyrights a few years back to last almost 100 years, under the absurd claim that authors won't write books if they know their great-grandchildren will lose their non-existent royalties only 50 years after they die, instead of 70, Congress was not acting in the public interest. This was Mickey Mouse legislation, literally, as Congress sought to protect the Disney Company's copyright on Mickey Mouse, and made reams of valuable information unavailable to the rest of us in the process. Unfortunately, it's companies like Disney that fill the campaign coffers.

Rare Book Monthly

  • Old World Auctions (Jun 5-19):
    Lot 4. Blaeu's Magnificent Carte-a-Figures World Map in Full Contemporary Color (1642) Est. $12,000 - $15,000
    Old World Auctions (Jun 5-19):
    Lot 125. 1775 Edition of the Landmark Fry-Jefferson Map of Virginia and Maryland (1775) Est. $15,000 - $18,000
    Old World Auctions (Jun 5-19):
    Lot 673. Rare Frontispiece in Full Contemporary Color with Gilt Highlights (1662) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 717. Complete Tanner Atlas with Important Maps of Texas & Iowa (1845) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 3. Henricus Hondius' Baroque-Style World Map (1641) Est. $9,500 - $11,000
    Old World Auctions (Jun 5-19):
    Lot 258. Complete Set of De Bry's Native Virginians & Picts from Part I of Grands Voyages (1608) Est. $2,750 - $3,500
    Old World Auctions (Jun 5-19):
    Lot 608. Superb Work on 18th Century Russia with over 100 Maps and Plates (1788) Est. $3,500 - $4,250
    Old World Auctions (Jun 5-19):
    Lot 49. One of the Most Important 16th Century Maps of the New World (1556) Est. $5,000 - $6,000
    Old World Auctions (Jun 5-19):
    Lot 706. Superb Image of the Annunciation in Contemporary Hand Color (1518) Est. $900 - $1,100
    Old World Auctions (Jun 5-19):
    Lot 123. One of the Earliest Maps to Show Philadelphia (1695) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 631. One of the Earliest Printed Maps of Afghanistan & Pakistan (1482) Est. $1,900 - $2,200
    Old World Auctions (Jun 5-19):
    Lot 689. Proof Copy Engraving of the Senate Floor During the Compromise of 1850 (1855) Est. $1,500 - $1,800
  • Bonhams, June 15-25: 18th Century American Sea Captain's Journals of Voyages to Hawaii, China, and South America. $35,000 - $45,000
    Bonhams, June 15-25: Admiral Richard E. Byrd's Autograph Diary from Bolling Advance Base, Winter 1934. $40,000 - $60,000
    Bonhams, June 15-25: Thoreau, Henry David. Walden; Or, Life in the Woods. Boston: Ticknor and Fields, 1854. $4,000 - $6,000
    Bonhams, June 15-25: Cellarius, Andreas. Harmonia macrocosmica seu atlas universalis et novus, totius universi creati cosmographiam generalem, et novam exhibens. $20,000 - $30,000
    Bonhams, June 15-25: Nobelist George Stigler's Copy of Ricardo's Classic on the Science of Economics. $20,000 - $30,000
    Bonhams, June 15-25: Histoire charmante de l'adolescente sucre d'amour. Paris: F. L. Schmied, 1927. $15,000 - $20,000
    Bonhams, June 15-25: Fine Copy of Walras's Classic on the Theory of Marginal Utility. $12,000 - $18,000
    Bonhams, June 15-25: Arion Press Moby Dick. Melville, Herman. $8,000 - $12,000
    Bonhams, June 15-25: Venegas, Miguel. Noticia de la California, y desu conquista temporal, y espiritual hasta el tiempo presente. $7,000 - $9,000
    Bonhams, June 15-25: Carelton Watkins, Yosemite and the West. Portfolio of 21 imperial albumen prints. $6,000 - $9,000
    Bonhams, June 15-25: An Unpublished Archive of Thornton Wilder Correspondence to F.J. O'Neil. $6,000 - $9,000
    Bonhams, June 15-25: Vesalius, Andreas. 1514-1564. Suorum de humani corporis fabrica librorum epitome. $100,000 - $150,000
  • Freeman’s | Hindman, June 25: [Keats, John] Spenser, Edmund: The Works of that Famous English Poet, Mr. Edmond Spenser. $50,000 - $80,000.
    Freeman’s | Hindman, June 25: (Walton, Izaak): The Compleat Angler or the Contemplative man's Recreation. Being a Discourse of Fish and Fishing. $30,000 - $50,000.
    Freeman’s | Hindman, June 25: Thomas, Gabriel: An Historical and Geographical Account of the Province and Country of Pensilvania; and of West-New-Jersey in America. $25,000 - $35,000.
    Freeman’s | Hindman, June 25: [Carroll, Lewis]: The Game of Alice in Wonderland. $2,000 - $3,000.
    Freeman’s | Hindman, June 25: Athias, Joseph, et al.: Biblia Hebraica. $7,000 - $10,000.
    Freeman’s | Hindman, June 25: [Warhol, Andy, and Jens Quistgaard] Dansk Designs Salesman's Presentation Catalogue. $2,500 - $3,500.
  • Sotheby’s, June 26: Poe, Edgar Allan. Tamerlane — the most poignant rarity in American literature. 400,000 - 600,000 USD
    Sotheby’s, June 26: The Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal..." 2,500,000 - 5,000,000 USD
    Sotheby’s, June 26: William Blake. “Poems with very wild and interesting pictures” 1,200,000 - 1,800,000 USD
    Sotheby’s, June 26: Thomas Taylor [artist]. The original cover art for Harry Potter and the Philosopher’s Stone. 400,000 - 600,000 USD

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