• <center><b>Arader Galleries<br>Live Auction<br>December 11, 2021</b>
    <b>Arader Galleries, Dec. 11:</b> De Wit’s composite atlas with magnificent full original color. $125,000 to $150,000.
    <b>Arader Galleries, Dec. 11:</b> Gardner's photographic sketch book of the Civil War. $200,000 to $250,000.
    <b>Arader Galleries, Dec. 11:</b> Waugh Oil Painting, 70 Degrees North; The Polar Bear. $400,000 to $600,000.
    <center><b>Arader Galleries<br>Live Auction<br>December 11, 2021</b>
    <b>Arader Galleries, Dec. 11:</b> Audubon aquatint, Ivory-Billed Woodpecker. $75,000 to $90,000.
    <b>Arader Galleries, Dec. 11:</b> Blaeu terrestrial table globe, 1602. $70,000 to $100,000.
    <b>Arader Galleries, Dec. 11:</b> Audubon aquautint, Ruby-Throated Humming Bird. $35,000 to $45,000.
    <center><b>Arader Galleries<br>Live Auction<br>December 11, 2021</b>
    <b>Arader Galleries, Dec. 11:</b> Bessa original watercolor of a bouquet of flowers. $75,000 to $125,000.
    <b>Arader Galleries, Dec. 11:</b> John Gould's only work devoted to American birds. $15,000 to $20,000.
    <b>Arader Galleries, Dec. 11:</b> Wyld & Malby pair of terrestrial & celestial globes, 1833. $50,000 to $75,000.
    <center><b>Arader Galleries<br>Live Auction<br>December 11, 2021</b>
    <b>Arader Galleries, Dec. 11:</b> Leutze map of the world oil painting. $70,000 to $100,000.
    <b>Arader Galleries, Dec. 11:</b> Caula, the finest 18th century drawing of Lison. $25,000 to $35,000.
    <b>Arader Galleries, Dec. 11:</b> Scolari / Blaeu map of Germania, 1650. $15,000 to $22,000.
  • <center><b>Sotheby’s<br>Zang Tumb Tuuum:<br>la révolution futuriste<br>Online Auction<br>30 November – 7 December</b>
    <b>Sotheby’s, Nov. 18:</b> The "Official Edition" of the United States Constitution and the First Printing of the Final Text of the Constitution, 1787. $15,000,000 to $20,000.
    <b>Sotheby’s, Nov. 30 – Dec. 7:</b> Marinetti, Filippo Tommaso. I Paroliberi Futuristi. 1914-1915. 8 p. Unique corrected proofs, for an anthology that remained unpublished. €40,000 to €60,000.
    <b>Sotheby’s, Nov. 30 – Dec. 7:</b> Cangiullo, Francesco. Studenti in Lettere. Università. 1915. Seminal work, featured in 3 historical futurist exhibitions. €20,000 to €30,000.
    <b>Sotheby’s, Nov. 30 – Dec. 7:</b> Cangiullo, Francesco. Chiaro di luna. Circa 1915. Collage and gouache on paper. €15,000 to €20,000.
    <b>Sotheby’s, Nov. 30 – Dec. 7:</b> Marinetti, Filippo Tommaso. Manicure. Faire les ongles à l'Italie. Circa 1915. A fantastic parody of an advertising poster. €20,000 to €30,000.
  • <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors' Sale<br>December 7th & 8th, 2021</b>
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Ortelius (Abraham). <i>Theatrum Orbis Terrarum,</i> folio, Antwerp, 1570, First Edition (2nd Issue), 53 double-page maps, contemporary hand colouring. €40,000 to €60,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> An original engraved facsimile copy of the Declaration of Independence of 4 July 1776, issued by order of Congress on 4 July 1823 in a limited edition of 200 copies on fine parchment. €20,000 to €30,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Joyce (James). <i>Ulysses.</i> Shakespeare & Co., Rue de l’Odeon, Paris 1922. No. 559 of 1000 Copies of the First Edn.,, one of 750 Copies on handmade paper. €10,000 to €15,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors' Sale<br>December 7th & 8th, 2021</b>
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Malton (James) [1761-1803]. A fine quality set of twenty-five hand coloured aquatint Views of Dublin, as published for <i>A Picturesque and Descriptive View of the City of Dublin</i>. €6,000 to €7,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> 'Bloody Sunday.' An original Admission Ticket to Croke Park, Great Challenge Match (Football), Tipperary v. Dublin, Sunday, November 21,1920. Pink card, 3 ins x 4 ¼ ins. €4,000 to €5,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Joyce (James). <i>Haveth Childers Everywhere - Fragment from Work in Progress,</i> Paris & N.Y., 1930, First Edn., Signed and Limited No. 50 (100) Copies. €4,000 to €6,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors' Sale<br>December 7th & 8th, 2021</b>
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Edward Lyons, Irish (1726-1801). Genealogy: <i>The FitzGerald's Arms of Carton House, Kildare,</i> pen and ink and watercolour on laid paper. €3,000 to €4,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Yeats (William Butler). <i>Poems.</i> Cuala Press, D. 1935, stiff blue paper covers, unlettered as issued, coloured initials and ornaments hand-drawn by Elizabeth Corbet Yeats. One of 300 copies. €2,000 to €3,000.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> A fine and important collection of Ulster Wit. Belfast Political Scrapbook, 19th century. €1,500 to €2,000.
    <center><b>Fonsie Mealy’s<br>Christmas Rare Books<br>& Collectors' Sale<br>December 7th & 8th, 2021</b>
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Rare Views of the Giant's Causeway. Coloured Prints: Drury (Susanna) [1698-1770]. A rare pair of original Engraved Prints. €1,200 to €1,500.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> [Johnson (Rev. Samuel)]. <i>Julian the Apsostate Being a Short Account of his Life, together with a Comparison of Popery and Paganism,</i> L., 1682, First Edn. €800 to €1,200.
    <b>Fonsie Mealy’s, Dec. 7-8:</b> Aringhi (Pauli). <i>Roma Subterranea Novissima,</i> 2 vols. lg. folio Rome (Typis Vitalis Mascardi) 1651. €350 to €750.
  • <b><center>Doyle<br>Rare Books, Autographs & Maps<br>December 9</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 47. Roosevelt, Theodore. Photograph inscribed to Morris J. Hirsch. May 7th 1918. $1,500 to $2,500.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 178. Whitman, Walt. <i>Leaves of Grass.</i> Brooklyn, New York: [Printed for the author], 1955. First edition in the first issue binding. $70,000 to $100,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 38. Mather, Cotton. <i>Magnalia Christi Americana; or, the Ecclesiastical History of New-England.</i> London: Printed for Thomas Parkhurst, 1702. First edition. $3,000 to $5,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 55. Taylor, Zachary. Autograph letter signed as President-Elect. Baton Rouge: January 15, 1849. $5,000 to $8,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 203. Picasso, Pablo. <i>Verve</i> Vol. V, Nos. 19-20. Paris: Editions Verve, 1948. Inscribed on the title page by Picasso. $1,500 to $2,500.
    <b><center>Doyle<br>Rare Books, Autographs & Maps<br>December 9</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 211. Domergue, Jean-Gabriel. L'Ete a Monte Carlo. Lithographed poster, Lucien Serre & Cie, Paris, circa 1937. $1,000 to $1,500.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 105. Manuscript Illumination attr. to Neri da Rimini. Large excised initial "N" from a choirbook, extensively historiated. [Likely Rimini: first quarter of the 14th century]. $2,000 to $3,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 40. McKenney, Thomas L. and Hall, James. <i>History of the Indian Tribes of North America, with Biographical Sketches and Anecdotes of the Principal Chiefs.</i> Philadelphia: Rice, Rutter & Co., 1870. $3,00
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 222. Searle, Ronald. [Pets--a dog, cats and a parrot-- surrounded by books, and inspecting a globe, perhaps planning global domination]. Original drawing, 17 3/8 x 13 1/2 inches. $1,500 to $2,500.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 98. Faden, William; Scull, Nicholas and George Heap. A Plan of the City and Environs of Philadelphia, Survey'd by N. Scull and G. Heap. London: William Faden, 12 March 1777. $3,000 to $5,000.

Rare Book Monthly

Articles - May - 2020 Issue

Is it a Good Deed During Troubled Times, or Book Piracy? The Internet Archive vs. the Authors Guild

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Was this a good deed to help students in particular when they are locked out of their schools in the time of the coronavirus, or a blatant stealing of authors' copyrighted works with no payment in return? It depends on your point of view. According to the Internet Archive, this is a public service. The Authors Guild sees it in a very different light.

 

The Internet Archive is a nonprofit website that provides free information. Its most notable service, and it is a fantastic one at that, is the Wayback Machine. It lets you look at websites as they appeared on earlier dates. You cannot hide your past from the Wayback Machine. However, they also offer a sort of online library. You can borrow electronic books from the Internet Archive's library, but they aren't the typical ebooks you would take out from your local library, or buy from Amazon. They are more like the electronic books you can read on Google Books. They are scans of pages from a printed book, rather than a true electronic book. You see a picture of the page from the printed book, rather than pages created digitally.

 

As such, the Internet Archive is not purchasing their ebooks from the publisher, and paying fees or royalties to them, at least some of which, presumable, makes its way to the author. They lend the books as they would a printed copy, rather than through a license like an electronic copy. A library simply buys a printed book, or is given a copy by some kind donor, and then loans that copy to others. What the Internet Archive normally does is take a scan of books they have purchased or been given, and loan the scan out as if it was the physical copy. As such, they normally only lend out one scan per book, and cannot lend their electronic copy to another until the last borrower has returned it. Only if they have multiple copies of a book will they lend out more than one copy, that number being equal to the number of physical copies they possess.

 

What is the Internet Archive's justification for lending these digitized printed books without paying a fee? It is the legal doctrine that allows libraries to lend physical copies, or allows you to lend a book you purchased to a friend, or sell it to someone else when you are done with it. It is called “fair use,” and it is a long-established legal principle. It says once you have purchased a book, you are free to do what you want with it without paying anything more to the copyright holder. This excludes, of course, making copies and selling/giving away those to others. Copying is a copyright violation. Since they are (normally) only lending digital copies equal to the number of hard copies they own, and have a right to loan, the Internet Archive argues that they are, in effect, lending their printed copy and therefore are covered by the “fair use” doctrine.

 

Not surprisingly, the Authors Guild does not accept this interpretation of the fair use doctrine. They believe that applies only to the printed books, and photocopying a book is still copying, and lending the photocopy instead is theft of an author's work. We will leave it to legal scholars, and perhaps eventually the courts, to decide this one. You may be wondering how Google gets away with this for their Google Books. Google limits their complete scans to older books that are out of copyright protection. For newer ones, they have reached an agreement with publishers and authors and only display a portion of their in-copyright books.

 

While the authors group was already highly displeased with what the Internet Archive had done, the stuff really hit the fan a few weeks ago when the the Archive did something especially generous for their readers during the time of the coronavirus epidemic. They call it the “National Emergency Library.” They eliminated the requirement that they not lend out more digital copies than they possessed of physical copies. The argument that this is “fair use” as they are lending no more electronic copies than they physically possess just went out the window. It is hard to see this as being more than copying someone's copyrighted work and handing it out to others. That sounds essentially the same as a pirated edition.

 

The Internet Archive provides some justifications for their behavior. The claims are based on this being the right, ethical thing to do, that it is a temporary measure only for the duration of the crisis, that the impact on authors is de minimus. These sorts of arguments may make the motivations of the Archive more sympathetic, but they don't address the legality of what is being done. They point out that many libraries, as recommended by the Board of the American Library Association, have been closed due to the virus. The Internet Archive is simply stepping in to provide the books library patrons would be borrowing locally in normal times without further compensation to the publishers and authors. They point out that this is particularly important to students, schooling from home, but not having access to the books they need from school or public libraries. The Internet Archive says that most of their books are not recent bestsellers, but rather, are books designed to promote education that were printed between the 1920s (when copyright protection begins) through the early 2000s. They claim 90% of the books are at least ten years old.

 

Other arguments include their statistics showing that the majority of books borrowed are viewed for less than 30 minutes. They believe this means that most viewers are looking at these books as if they were pulled off a library shelf, checking to see if it has pertinent information, and discovering it either does not, or what they seek is something small. The Archive also points out that this is a temporary, emergency action. They will go back to only loaning the number of copies of a book for which they have a physical copy at the end of June, or later only if the epidemic continues beyond that date. Finally, they point out that authors can opt to have their books removed from the Internet Archive's lending library.

 

These may be worthy points, but don't address the legality of what they are doing, or perhaps even fully its morality, considering that what they are generously giving away belongs to someone else. You cannot give away someone else's property no matter how worthy the cause or recipient. That is still theft. This is true even if it is older property, or not of particularly high value. Besides which, the Authors Guild notes that many writers are also in low income brackets and cannot afford to have others giving their work away. As to the option to opt out, that is nice, but I don't have to tell you in advance not to steal from me in order to legally prevent you from stealing from me. You must ask my permission to take my property first, not the other way around.

 

One can argue whether a crisis such as we currently face morally justifies temporarily lifting the monetary rights of authors and publishers. We can legitimately debate whether the “fair use” doctrine enables us legally to make a photocopy of a book and lend that out instead of the physical copy so long as we own a printed copy. What seems harder to argue is that it is legal (even if we believe it is moral) to do what the Internet Archive is doing, lending out more photocopies than they possess of hard copies. As to what if anything the authors will do, that is another question. They could take the matter to court, but courts do not work with haste. By the time they decide, it is likely the coronavirus will have disappeared, or we all will have died from it.


Posted On: 2020-05-02 11:30
User Name: PeterReynolds

I assumed that there would be a (tiny) payment to the author, just as there would if a person borrowed a book from a public library in the United Kingdom, Canada, etc, etc. I'm surprised that the USA does not operate such a system. Maybe Archive.org could create an ad-supported or very small subscription system?


Posted On: 2020-05-02 11:32
User Name: PeterReynolds

Also.... in at least some cases Archive.org. is scanning ancient free or near-free copies of in-copyright books, rather than buying books at full price as public libraries do. Hmmm...


Rare Book Monthly

  • <i>Der Sturm.</i> 1922. Sold October 2021 for € 13,000.
    Diophantus Alexandrinus, <i>Arithmeticorum libri sex.</i> 1670. Sold October 2021 for € 18,000.
    <i>Cozzani Ettore e altri, l’Eroica. Tutto il pubblicato.</i> Sold October 2021 for € 11,000.
    Newton Isaac, <i>Philosophiae naturalis principia mathematica.</i> 1714. Sold October 2021 for € 7,500.
    Manetti Saverio, <i>Storia naturale degli uccelli.</i> 1767-1776. Sold April 2021 for € 26,000.
  • <center><br>Swann Auction Galleries<br>Maps & Atlases<br>Natural History<br>& Color Plate Books<br>December 9, 2021</b>
    <b>Swann, Dec. 9:</b> AUDUBON, JOHN JAMES. Carolina Parrot. Plate 26. Hand-colored aquatint and engraved plate from Audubon's <i>Birds of America.</i> $80,000 to $100,000.
    <b>Swann, Dec. 9:</b> Francisco Henrique Carls. [Album de Pernambuco e seus Arrabaldes]. Fifty-three chromolithographed plates of landscape, town views and more of the state of Pernambuco, northeast Brazil. $25,000 to $35,000.
    <b>Swann, Dec. 9:</b> Captain Thomas Davies, after. Group of 5 engraved topographical scenes of North American waterfalls. $8,000 to $12,000.
    <center><br>Swann Auction Galleries<br>Maps & Atlases<br>Natural History<br>& Color Plate Books<br>December 9, 2021</b>
    <b>Swann, Dec. 9:</b> William R. Morley. Morley's Map of New Mexico. Large lithographed pocket map with original hand-color in outline. $7,000 to $10,000.
    <b>Swann, Dec. 9:</b> Frederick William Beechey, et al. <i>The Zoology of Captain Beechey's Voyage; Compiled from the Collections and Notes Made by Captain Beechey…</i> $7,000 to $10,000.
    <b>Swann, Dec. 9:</b> ZUDA ROKASHI (Priest Hotan.) Nansenbushu Bankoku Shoka No Zu. Woodblock wall map of the world on 16 sheets joined. $5,000 to $7,500.
  • <b>Bonhams, Dec. 15:</b> BENJAMIN FRANKLIN. Autograph Letter Signed ("B. Franklin"), to Benjamin Vaughan asserting the primacy of American independence in negotiating the Treaty of Paris, Passy, July 11, 1782. $80,000 to $120,000.
    <b>Bonhams, Dec. 15:</b> BENJAMIN FRANKLIN. Autograph Letter Signed ("B. Franklin") to David Hartley addressing Hartley's final issues with the recently completed ratification of the Treaty of Paris, Passy, June 2, 1784. $70,000 to $100,000.
    <b>Bonhams, Dec. 15:</b> MASON & DIXON. A hand-colored contemporary manuscript map titled in cartouche, "A Map of that Part of AMERICA where a degree of LATITUDE was measured for the ROYAL SOCIETY, by Chas Mason & Jer: Dixon," c.1768. $8,000 to $12,000.
    <b>Bonhams, Dec. 15:</b> WILLIAM BUTLER YEATS. Autograph Manuscript Signed ("WB Yeats"), a fair copy of "When Helen Lived" for John Preece headed ("For John Preece"), framed. $5,000 to $7,000.
    <b>Bonhams, Dec. 15:</b> "LINCOLN SEATED." KECK, CHARLES, sculptor. 1875-1951. Patinated bronze, 1950. Louise Taper Collection. $10,000 to $15,000.
    <b>Bonhams, Dec. 15:</b> ABRAHAM LINCOLN'S FINAL HOURS. BURNS, J., painter. <i>Death-Bed of Abraham Lincoln.</i> Oil on canvas, 1866. Collection of Louise Taper. $8,000 to $12,000.
    <b>Bonhams, Dec. 15:</b> FILSON, CHARLES PATTERSON, painter. 1860-1937. <i>Portrait of Edwin M. Stanton, Lincoln's Secretary of War.</i> $3,000 to $5,000.
    <b>Bonhams, Dec. 15:</b> A MATZOS BOX PRESENTED BY THE MANISHEVITZ BROTHERS TO WARREN G. HARDING. Louise Taper Collection. $2,000 to $3,000.
    <b>Bonhams, Dec. 15:</b> LEWIS CARROLL. Original albumen print photograph, approximately 6 7/8 x 8 3/4 inches, Chelsea, London, October 7, 1863, of the Rossetti Family at home, one of only three known examples of the full image. $50,000 to $70,000.
    <b>Bonhams, Dec. 15:</b> CHRISTINA ROSSETTI. <i>Verses ... Dedicated to Her Mother.</i> Privately printed, 1847. First edition of her first book, printed at her grandfather's press, THE ROSSETTI FAMILY COPY. $15,000 to $20,000.
    <b>Bonhams, Dec. 15:</b> CHRISTINA ROSSETTI. Original drawing of snowdrops in purple pencil, sent by CGR to Lucy Rossetti, inscribed "I doubt whether you will make out my copy from nature," 1887. $800 to $1,200.
    <b>Bonhams, Dec. 15:</b> DANTE GABRIEL ROSSETTI, et al. The Germ: <i>Thoughts towards Nature in Poetry, Literature and Art.</i> Fine copy in a Doves binding by Cobden Sanderson. $12,000 to $18,000.

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