• <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Bohr (Niels). <i>On the Constitution of Atoms and Molecules,</i> first edition, presentation copy, offprint 1913. £20,000 to £30,000
    <b>Forum Auctions, Nov. 21:</b> Shakespeare's Falstaff.- Henry V & Sir John Fastolf. Indenture agreement appointing Fastolf as Keeper of the Bastille of St Anthony at Paris, manuscript in French, 1421. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> World.- Purchas (Samuel). <i>Purchas his Pilgrimes. In Five Books...,</i> 5 vol., first edition, 7 folding engraved maps, contemporary calf, by William Stansby for Henrie Fetherstone, 1625-26. £20,000 to £30,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Book of Hours.- Use of Rouen, manuscript on vellum, in Latin and French, illuminated with 14 full-page miniatures by the workshop or follower of the Maitre de l'Echevinage, Rouen, 1480s. £20,000 t0 £30,000
    <b>Forum Auctions, Nov. 21:</b> Giese (Raban, ?scholar and medical doctor). Album Amicorum of drawing on his travels and acquaintances in Europe 1618-21, 134 watercolour illustrations including c. 60 professional miniatures, 1618-39. £30,000 to £40,000
    <b>Forum Auctions, Nov. 21:</b> Jones (David). 14 Autograph Letters signed, 1952-68; and a small quantity of ephemera (sm. qty). £6,000 to £8,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Constable (John). Various Subjects of Landscape, Characteristic of English Scenery, signed presentation inscription from Constable, 1833. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Rembrandt van Rijn (1606-1669). The Descent from the Cross: Second Plate, etching and engraving, 1633. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Salvin (Francis Henry) and William Brodrick. <i>Falconry in the British Isles,</i> second edition, William Brodrick's copy with 3 original watercolours by him, 1873. £8,000 to £12,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> China.- Helman (Isidore Stanislas Henri). <i>Suite des seize estampes representant les conquetes de l'Empereur de la Chine,</i> 1783-88. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> Pratt (Edward Roger, 1789-1863). Album of 28 watercolours and other works on paper from a journey to ancient sites and monuments in the Mediterranean, [c.1830 and later]. £3,000 to £5,000
  • <b>Swann Auction Galleries Dec 10:</b><br>Dr. Seuss, pen, ink & watercolor, calendar illustration, Thomas D. Murphy Company, 1937. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Georges Lepape, <i>Sur la Terrasse,</i> gouache & pencil, cover for <i>Vogue,</i> 1930. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Dana Gibson, <i>The Coming Game, Yale vs. Vassar,</i> pen & ink, for <i>Life</i> magazine, 1895. $2,000 to $3,000.
    <b>Swann Auction Galleries Dec 10:</b><br>H.A. Rey, color pencil, charcoal, watercolor & gouache, for <i>Rafi et les 9 singes,</i> 1939. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Ernest H. Shepard, pen & ink, for Kenneth Grahame’s <i>Bertie’s Escapade,</i> 1949. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Schulz, <i>The Biggest Star Measured So Far,</i> ink & wash, original <i>Peanuts</i> cartoon, published 1961. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Saul Steinberg, <i>12 Biographies, A to B,</i> pen & ink with collage, final illustration in his book <i>The Labyrinth,</i> 1960. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b><br>Jo Mielziner, <i>A Streetcar Named Desire,</i> watercolor, graphite & gouache, first color study for the award-winning 1947 production. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Addams, <i>Nevermore,</i> watercolor & ink, for <i>The New Yorker,</i> 1973. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b> James Montgomery Flagg, <i>I Should Worry,</i> watercolor, gouache & graphite, cover for <i>Judge</i> magazine, 1914. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 10:</b> Edward Gorey, <i>Swan Lake, Hunters/Siegfried, Van Rothbart,</i> watercolor, pen & ink, costume designs, 1975. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Ludwig Bemelmans, <i>Sketch for Madeline,</i> gouache & ink. $6,000 to $9,000.
  • <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Fust-Schöffer-Bibel from Gutenberg-Press, 1462. Est: € 1,000,000
    <b>Ketterer Rare Books, November 25:</b><br>J. W. Weinmann, <i>Phytanthoza-Iconographia,</i> 1735-45. Est: € 60,000
    <b>Ketterer Rare Books, November 25:</b><br>O. Kokoschka, <i>Die träumenden Knaben,</i> 1917. Est: € 10,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>Z. Lilius, <i>Orbis breviarium,</i> 1493. <br>Est: € 10,000
    <b>Ketterer Rare Books, November 25:</b> <i>Gazette du Bon Ton,</i> 1912-22.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>M. Chagall, <i>Daphnis & Chloé,</i> 1961. Est: € 100,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>C. Ptolemaeus, <i>Geographie,</i> 1513.<br>Est: € 100,000
    <b>Ketterer Rare Books, November 25:</b><br>E. L. Kirchner, <i>Umbra vitae,</i> 1924.<br>Est: € 6,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Miró, <i>Midi le trèfle blanc,</i> 1968. Est: € 2,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Clemens V., <i>Constitutiones,</i> 1471.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>C. Gesner, <i>Tierbuch, Vogelbuch, Fischbuch,</i> 1563-81. Est: € 5,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Itten, <i>Utopia,</i> 1921. Est: € 2,000

Rare Book Monthly

Articles - July - 2012 Issue

Class Action Set in Endless Google Books Case

Googlebookscasejuly12

Another brick in the Google Books stonewall.

The latest ruling in the unending Google Books case was handed down a few weeks ago. It was more of a technical than substantive issue involved, but it once again highlights the absurdity of the American judicial system, demonstrating just how much time, money and public interest can be sacrificed in the quest to evade common sense.

The Google Books project dates back to 2004 when it was then known as “Google Print.” Google announced it would begin a project of scanning millions of old books from various libraries to make their content available to the public digitally online. Vast amounts of information, secreted away in libraries, virtually inaccessible to most of the public, would soon be available. Google wasn't the first to effect such a project, but it would by far be the biggest.

This is America, so, of course, within a year, Google was sued. The Authors Guild in particular was upset that Google would make the text of copyrighted books available to the public without paying the copyright holders. Fair enough. Pre-1923 books are no longer under copyright, but later ones may (or may not) be. Most post-1923 books are long out of print, earning nothing for the authors anymore, but some are still actively earning royalties. Those writers (or their heirs) have reason to object to their copyrighted material being given away by Google.

It took two years, but the Authors Guild and a publisher group finally reached an agreement with Google. Google would only show a couple sentences of text (“snippets”) and sell access to the remainder of the still copyrighted works. The copyright holders would get 63% of the proceeds, Google 37%. To get their share of the proceeds, an author or the heirs simply had to notify Google. If they didn't want to participate, then all they had to do was tell Google “no,” and their books would be dropped from Google Books. It sounded like a good deal to the author and publisher groups, but there are thousands and thousands of authors, and not all agreed. Meanwhile all sorts of others insinuated themselves in the project. Photographers whose pictures might appear in a book wanted their cut. The list went on. Everyone wanted their share of a pie that was no bigger than a flea, potential royalties from books that hadn't earned a penny of the same in decades. Even the executive branch of government, desperate to show it can be just as ludicrous as the legislative and judiciary branches, got in the act. Their objection was that Google should first obtain the copyright holders' permission before scanning, not after the fact. Never mind the fact that locating all of these copyright holders would be impossible, preventing these long out of print books from ever being made available to the public again in a practical manner. Common sense could not prevail.

Judge Denny Chin sided with the government and other objectors. He struck down the settlement, telling Google and the author and publisher groups to revise it. Such a revision has proven elusive. The court has said “no” to requiring the copyright holders to affirmatively object to their participation in the settlement, but no practical means exists for Google to figure out who owns most of these copyrights to ask their permission. Those rights for a book published in 1925 might today belong in equal shares to 50 great-grandchildren with different last names from the author, scattered all over the world. The irrationality of such a demand did not move the court.

This latest court decision came over a motion to allow authors to proceed against Google as a group, that is, a class action lawsuit, rather than requiring each author to open their own individual lawsuit. Considering how little the value of most of these copyrights, Google undoubtedly would prefer each author to have to sue on their own. The cost of suing would be far greater than any potential winnings. On the other hand, a class action might be able to get a lot of fines and legal fees out of Google, well beyond any actual damage suffered, and most of which will undoubtedly go to the lawyers.

Judge Chin ruled that the authors could proceed as a class. He noted that forcing them to proceed individually “would be burdensome and inefficient.” Whether he noticed any irony in his earlier decision forcing Google to track down those 50 great-grandchildren, which could logically be described as “burdensome and inefficient,” is unknown.

The next hearing scheduled in this case is for September, and what happens after that is anyone's guess. Of course, Congress could open up these books to public access by making some minor adjustments in the copyright law. However, this would require its members to divert precious time from chasing down their fair share of the billions of dollars in Super PAC money now available to them. That doesn't leave much time for pursuing the public interest. Besides which, Americans now determine which candidates best represent their interests by choosing the ones who collect the most special interest money. Can you blame legislators for choosing their priorities? If Google decides to just throw in the towel on this one, who could blame them? Access to the largest library ever assembled in the history of mankind is at our fingertips, and we don't even care. Ignorance begets ignorance.

Rare Book Monthly

  • <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> [Herberstein, Sigismund von, & al.] <i>Rerum Moscoviticarum…,</i> 4 plates, illustrations, folio, Andreas Wevhelius, Frankfurt, 1600. £1,500 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Bowen (Emmanuel) & Owen (John). <i>Britannia Depicta…,</i> fourth edition, engraved title and 273 maps, 4to, Thomas Bowles, 1753. £700 to £900
    <b>Chiswick Auctions, Nov. 20:</b> Geographical Game.- Jefferys (Thomas). <i>The Royal Geographical Pastime or the Tour of Europe,</i> FIRST EDITION, engraving of Europe, map c. 507 x 665 mm, Thomas Jefferys, 1768. £600 to £800
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Germany.- Homann (Johann Baptist). <i>Atlas Novus Terrarum Orbis Imperia... Atlas von Deutschland,</i> engraved half title, 87 maps only, folio, Erben, Nuremberg, 1753. £8,000 to £10,000
    <b>Chiswick Auctions, Nov. 20:</b> Iceland [Løvenørns (Poul)]. <i>Beskrivelse over den Iislandske…,</i> 10 engraved maps and plates, vignettes, 4to, Copenhagen, F. W. Thiele, 1788. £600 to £800
    <b>Chiswick Auctions, Nov. 20:</b> Lewis (John Frederick). <i>Illustrations of Constantinople…,</i> FIRST EDITION, frontispiece and 26 views folio, T. McLean, D.& P. Colnaghi & John F. Lewis, [1838]. £2,000 to £3,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Lilford (Lord, Thomas Littleton Powys, 4th Baron). <i>Coloured Figures of the Birds of the British Islands,</i> 7 vol., second edition, [one of 450 sets], 421 plates, large 8vo, 1891-97. £1,800 to £2,200
    <b>Chiswick Auctions, Nov. 20:</b> Londres [panorama], engraving, 350 x 520mm, chez Baltazar Moncornet, Paris, c.1666-68. £800 to £1,200
    <b>Chiswick Auctions, Nov. 20:</b> Van Keulen (Joannes). <i> Niewe Pas Caarte Strekkende van Pta Cataon tot Pta Lamtaon…,</i> copper engraved map, hand coloured, 510 x 585mm, Amsterdam, [1753]. £1,200 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Goethe (Johann Wolfgang von). <i> Prologue dans le ciel, Traduction de Gerard de Nerval…,</i> 11 double sheets with calligraphic handwriting, 33 fine gouaches, Philippe Gonin, [Paris, c. 1932]. £400 to £600
    <b>Chiswick Auctions, Nov. 20:</b> Murphy (Jill, author and illustrator) ARR. <i> Peace at Last & The Large Family: All in One Piece,</i> 10 pieces of original artwork from the two books, 1980 & 1987 (12). £1,800 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Rembrandt (Harmensz. van Rijn). Christ at Emmaus: the larger plate, etching and drypoint, 212 x 161mm, sheet 225 x 170mm, 1654. £1,000 to £1,500
  • <b>Christie’s London, Nov. 27:</b> [Peter I, Tsar]. <i>Simboly i emblemata ukazom i blagopovedenii imperatora Petra Alekseevicha [Symbola et emblemata jussu atque auspiciis Petri Alexeidis].</i> Amsterdam, 1705. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> Charlemagne, Adolf. Benefice d'Adieu de Madame Naptal. [St Petersburg: 16th February 1873]. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> [Military. Album.] [An album of drawings of weapons and their accessories, drawn from nature by the Second Cadets Corps.] St Petersburg, 1800. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Pushkin, Alexander. <i>Evgenii Onegin.</i> St Petersburg: Dep. of Public Education, 1825-1832. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Sumarokov, Pavel. <i>Dosugi krymskogo sud’i ili vtoroe puteshestvie v Tavridu. [The Leisure of a Crimean Judge or a Second Tour to Tauris].</i> St Petersburg: Imperial Press, 1803-5. £50,000 to £80,000
  • <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> London, 1673. FIRST SEPARATE AND FIRST QUARTO EDITION. THE CHARLTON HESTON COPY. $80,000 to $120,000.
    <b>Bonhams, Dec. 5:</b> HEMINGWAY, ERNEST. <i>In Our Time.</i> Paris, 1924. FIRST EDITION, PRESENTATION COPY. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> HAWTHORNE, NATHANIEL. <i>Fanshawe, A Tale.</i> Boston, 1828. FIRST EDITION OF AUTHOR'S FIRST BOOK. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> THOREAU, HENRY DAVID. <i>Walden; Or, Life in the Woods.</i> Boston, 1854. FINE COPY OF THE FIRST EDITION. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories, and Tragedies.</i> London, 1685. THE FOURTH FOLIO, Brewster/Bentley issue. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> STEIG, WILLIAM. Original maquette and 58 finished drawings for <i>The Agony in the Kindergarten,</i> one of Steig's most important books. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> VERNE, JULES. <i>A Journey to the Centre of the Earth.</i> New York & London, 1872. FIRST EDITION, RARE AMERICAN ISSUE, with Scribner & Welford cancel title. $5,000 to $8,000.
    <b>Bonhams, Dec. 5:</b> KING, STEPHEN. <i>Carrie.</i> New York, 1974. INSCRIBED FIRST EDITION, OF AUTHOR'S FIRST BOOK. $1,200 to $1,800.
    <b>Bonhams, Dec. 4:</b> APPLE MACINTOSH PROTOTYPE. 1983. The earliest known Macintosh with "Twiggy" drive, one of only two known working machines. $120,000 to $180,000.
    <b>Bonhams, Dec. 4:</b> PLATO. <i>Timaeus</i> [AND] <i>Critias</i> [from Ficini's 1484 Opera]. A LANDMARK OF SCIENTIFIC THOUGHT. $80,000 to $120,000.
    <b>Bonhams, Dec. 4:</b> LOVELACE, AUGUSTA ADA. Sketch of the Analytical Engine Invented by Charles Babbage Esq. London, 1843. FIRST EDITION, JOURNAL ISSUE, MOST IMPORTANT PAPER IN EARLY DIGITAL COMPUTING. $15,000 to $20,000.
    <b>Bonhams, Dec. 4:</b> APPLE-1 COMPUTER. Signed by Steve Wozniak, used in development of Apple II. $200,000 to $300,000.
    <b>Bonhams, Dec. 4:</b> DARWIN, CHARLES. 1809-1882. <i>On the Origin of Species By Means of Natural Selection.</i> London, 1859. FIRST EDITION. $80,000 to $120,000.
  • <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>

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