• <b>Swann Auction Galleries, Mar 28:</b> <i>The Negro Travelers' Green Book,</i> edited by Victor H. Green, New York, 1958. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 28:</b> Phillis Wheatley, <i>Poems on Various Subjects, Religious & Moral,</i> London, 1773. $15,000 to $25,000.
    <b>Swann Auction Galleries, Mar 28:</b> David Ruggles, <i>The Mirror of Liberty,</i> first issue of the first magazine edited by an African American, New York, 1838. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 28:</b> Lorraine Hansberry, <i>A Raisin in the Sun,</i> draft typescript, inscribed by the playwright, circa 1958. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> Pair of letterpress broadsides for Ira Aldridge’s historic first 2 performances at London’s Theatre Royal, 1833. $10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 28:</b> Archive of letters to John Augustine Washington III at Mount Vernon, many of which discuss the lives of enslaved persons, 1837-61. $20,000 to $30,000.
    <b>Swann Auction Galleries, Mar 28:</b> Important archive of letters and photographs of Charles White and his spouse, Frances B. White, 1956-60. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 28:</b> Papers of educator Sister Makinya Sibeko-Kouate, one of the leading popularizers of Kwanzaa, 1940-1975. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 28:</b> Stock certificate of the Negro Factories Corporation, signed by Marcus Garvey, 1920. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> Benjamin Banneker, <i>Bannaker’s Maryland . . . Almanack and Ephemeris, for the Year of our Lord 1796,</i> Baltimore, 1795. $15,000 to $25,000.
    <b>Swann Auction Galleries, Mar 28:</b> Frederick Douglass, previously unknown carte-de-visite by Samuel M. Fassett, Washington DC, 1878. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> <i>First Annual Report of the New York Committee of Vigilance,</i> New York, 1837. $3,000 to $4,000.
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Greco (Gioachino). <i>Primo modo del gioco de Partito…</i> Manuscript, France, 1624 or 1625. A collection of partiti, or 'chess problems' by one of the most important figures in the history of chess. £20,000 to £30,000.
    <b>Forum Auctions, Mar 28:</b> Herodotus. <i>Historiae,</i> translated into Latin by Lorenzo Valla and edited by Antonio Mancinelli. Venice, 1494. £15,000 to £20,000.
    <b>Forum Auctions, Mar 28:</b> Darwin (Charles). Autograph Letter signed to his cousin Reginald Darwin, Down, Beckenham, Kent, 27th March 1879. £12,000 to £18,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Nicolay (Nicolas de). <i>The Navigations, peregrinations and voyages, made into Turkie,</i> first edition in English, Imprinted at London by Thomas Dawson, 1585. £10,000 to £15,000.
    <b>Forum Auctions, Mar 28:</b> Saint-Exupéry (Antoine de). <i>The Little Prince,</i> number 66 of 525 copies signed by the author, 1943. £8,000 to £12,000.
    <b>Forum Auctions, Mar 28:</b> Catlin (George, 1796-1872). Tuch-ee, A Celebrated War Chief of the Cherokees, watercolour, [circa 1834]. £6,000 to £8,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Genetics.- A collection of c.300 pamphlets on genetics comprising many of the major contributions from the first half of the 20th century. £5,000 to £7,000.
    <b>Forum Auctions, Mar 28:</b> India.- Rajasthan.- Kota School (probably late 18th c.). Elephant in a landscape with chains around his feet, brush and black ink with opaque pigments. £5,000 to £7,000.
    <b>Forum Auctions, Mar 28:</b> Commelin (Caspar). <i>Horti medici Amstelaedamensis plantae rariores et exoticae,</i> first edition, 48 finely hand-coloured engraved plates, Leiden, F.Haringh, 1706. £4,000 to £6,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Plague-water and cookery & medical recipes.- Jackson (Mrs Sarah). Medical and cookery recipes, manuscript in several hands, title and 134pp., 1688-1755. £4,000 to £6,000.
    <b>Forum Auctions, Mar 28:</b> Vernet (<i>After</i> Joseph, 1714-1789). <i>[Vues des ports de France],</i> sixteen plates (of 18), etchings and engravings by Charles Nicolas Cochin fils and Jacques Philippe Le Bas, [c.1760-1780]. £4,000 to £6,000.
    <b>Forum Auctions, Mar 28:</b> Detmold (Edward Julius, 1883-1957). Parrots and Butterflies, watercolour. £2,500 to £3,500.
  • <b>Koller Auctions: Books & Autographs. March 26, 2019</b>
    <b>Koller Auctions, Mar 26:</b> Jacques Gamelin. <i>Nouveau recueil d'osteologie et de myologie, dessine d'apres nature...</i> 2 parts in 1 vol., large folio, 82 copper plates. CHF 12,000 to 18,000
    <b>Koller Auctions, Mar 26:</b> Melchior Pfintzing. <i>Die geverlicheiten und einsteils geschichten des loblichen streytparen...</i> 118 woodcut engravings, first edition. CHF 30,000 to 50,000
    <b>Koller Auctions, Mar 26:</b> Book of hours. Handwritten Latin text on vellum. With 17 large miniatures, Flanders, c.1460. CHF 70,000 to 90,000
    <b>Koller Auctions, Mar 26:</b> Maria Sibylla Merian. <i> Dissertatio de generatione et metamorphosibus insectorum Surinamensium,</i> 72 copper plates, Den Haag, 1726. CHF 60,000 to 90,000
  • <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 7: John Blackbridge. <i>The Complete Poker Player.</i> New York, 1875. First Edition. $1,500 to $2,500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 14: Garrett Brown. <i>How to Beat the Game.</i> New York, 1903. $100 to $200.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 22: Anthony Comstock. <i>Frauds Exposed.</i> New York, 1880. $300 to $500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 35: S.W. Erdnase. <i>The Expert at the Card Table.</i> Chicago: Author, 1902. First edition. $6,000 to $9,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 41: [Gerritt Evans] “A Retired Professional,” pseudo. <i>How Gamblers Win.</i> New York, ca. 1870s. $250 to $350.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 54: Jonathan Harrington Green. <i>An Exposure of the Arts and Miseries of Gambling.</i> Cincinnati, 1843. First edition. $2,000 to $3,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 277: Phil Farley. <i>Criminals Of America Illustrated.</i> New York, 1876. $50 to $100.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 228: <i>The English Rogue: Described in the Life of Meriton Latroon, a Witty Extravagant: Comprising the Most Eminent Cheats of Both Sexes.</i> London, 1666; 1671; 1680. $3,000 to $5,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 219: Abraham De Moivre. <i>The Doctrine of Chances: or, a Method of Calculating the Probabilities of Events in Play.</i> London, 1718. First edition. $3,000 to $5,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 95: Barabbas Whitefeather, pseudo. <i>The Handbook of Swindling.</i> London, 1839. Presentation copy, inscribed. $900 to $1,300.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 134: <i>Poker Chips: A Monthly Magazine Devoted to Stories of the Great American Game.</i> New York, 1896. Five issues. $1,500 to $2,500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 87: Harry Houdini. <i>The Right Way to Do Wrong.</i> Boston, 1906. $150 to $250.

Rare Book Monthly

Articles - March - 2010 Issue

The Google Books Case: A Bridge Too Far?

Sodistnycourt

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

  • <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> QUAST, Pieter Jansz. - [A Quack doctor on a market square.] €3.500 to €4.500
    <b>Arenberg Auctions, Mar 29 & 30:</b><br>"Il Callotto resuscitato. Oder Ne¸ eingerichtes Zwerchen Cabinet." €6.000 to €7.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> MELLISS, Mrs. John Charles - 135 compositions of which 66 used to illustrate John Melliss' work on Saint Helena. €9.000 to €10.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> LUCA, Ghérasim. - <i>Apostroph' apocalypse. Eaux-fortes de Wifredo Lam.</i> €3.000 to €4.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> REDOUTÉ, Pierre-Joseph - <i>Les Roses. Décrites par C.A. Thory.</i> €3.000 to €4.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> CORONELLI, Vincenzo - A magnificent pair of globes, terrestrial and celestial. €175.000 to €250.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> BLAEU, Joan - <i>Le Grand Atlas, ou Cosmographie Blaviaene, en laquelle est exactement descritte la Terre, la Mer, et le Ciel.</i> €170.000 to €250.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> GOULD, John - A century of birds from the Himalaya mountains. €10.000 to €12.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> LEVAILLANT, François - Histoire naturelle des perroquets. €50.000 to €70.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> MAXIMILIAN III JOSEPH - Patent of nobility. €800 to €1.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> Manuale parochiale sacerdotum. €800 to €1.200
    <b>Arenberg Auctions, Mar 29 & 30:</b> LONGUS - Les amours pastorales de Daphnis et Chloé. €1.250 to €1.500
  • <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Silver Binding.- [Torah], German 13 Loth silver binding, hinged clasp, 12mo, Sulzbach, 1805. £2,500 to £3,500.
    <b>Chiswick Auctions, Mar 28:</b> Picasso (Pablo). Minotaure vaincu, plate 89 from La Suite Vollard, etching, dated 29 May 1933, pencil, plate 190 x 265 mm, Paris, A. Vollard, 1939. £5,000 to £6,000.
    <b>Chiswick Auctions, Mar 28:</b> Dali (Salvador) & Alighieri (Dante). <i>La Divina Commedia,</i> 6 vols, NUMBER 478 of 2,900 copies, 100 numbered colour lithograph plates by Salvador Dalì, folio, Verona, 1963-1964. £3,000 to £4,000.
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Miniature Sepher Torah Nevi'im U'Kethuvim, prepared by Menachem M. Scholz, original cloth, housed within original gilt tooled metal case, with magnifying glass inset, 33x25 mm, Warsaw, c. 1880. £1,200 to £1,800.
    <b>Chiswick Auctions, Mar 28:</b> Scarfe (Gerald). ‘Men of Snow’ [Tony Blair, William Hague & 'Robin' Cook], original ink, watercolour & gouache drawing, signed, 600 x 435 mm, n.d. with 2 others (3). £800 to £1,200
    <b>Chiswick Auctions, Mar 28:</b> Francklyn (Gilbert), Paine (Thomas). <i>Rights of Man…</i>, FIRST EDITION [and] <i>Rights of Man. Part the Second…,</i> Printed for J. S. Jordan, 1791-92, [and 1 other]. £700 to £1,000
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Chagall (Marc). Le Jeu des Acrobates (Acrobats at Play), HORS COMMERCE PROOF, lithograph, from The Lithographs of Chagall, 320 x 240 mm, André Sauret, 1963. £1,800 to £2,200
    <b>Chiswick Auctions, Mar 28:</b> [Harris (John)]. <i>The History of The Old Woman who had Three Sons Jerry, James, and John…,</i> 12mo, J. Harris, 1815. £200 to £300
    <b>Chiswick Auctions, Mar 28:</b> Royal Binding.- Staël-Holstein (Germaine de). <i>De la littèrature considerée dans ses rapports avec les institutions sociales…,</i> 2 vols, second edition, Crapelet, Paris, [1801]. £400 to £600
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Ancient History.- La Baune (Jacques de). <i> Panegyrici Veteres,</i> Paris, 1676. [with] Wesseling (Petrus, ed.). <i> Vetera Romanorum itineraria…</i> £800 to £1,200
    <b>Chiswick Auctions, Mar 28:</b> Edward (Gibbon). <i> History of the Decline and Fall of the Roman Empire…</i> Multiple editions and languages [English and French]. £300 to £400
    <b>Chiswick Auctions, Mar 28:</b> Curtis (William). <i> Flora Londinensis,</i> FIRST EDITION, 2 vols in 3. 119 hand-coloured plates of 454. £500 to £700
  • <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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