• CHRISTIE’S
    Valuable Books and Manuscripts
    London auction
    13 December
    Find out more
    Christie’s, Explore now
    TREW, Christoph Jacob (1695–1769). Plantae Selectae quarum imagines ad exemplaria naturalia Londini in hortus curiosorum. [Nuremberg: 1750–1773]. £30,000–40,000
    Christie’s, Explore now
    VERBIEST, Ferdinand (1623–88). Liber Organicus Astronomiae Europaeae apud Sinas restituate. [Beijing: Board of Astronomy, 1674]. £250,000–350,000
    Christie’s, Explore now
    PROPERTY FROM THE COLLECTION OF ALICE & NIKOLAUS HARNONCOURT. Master of Jean Rolin (active 1445–65). Book of Hours, use of Paris, in Latin and French, [Paris, c.1450–1460]. £120,000–180,000
    Christie’s, Explore now
    A SILVER MICROSCOPE. Probably by Antoni van Leeuwenhoek (1632–1723), c.1700. £150,000–250,000
    Christie’s, Explore now
    AN ENGLISH HORARY QUADRANT
    C.1311. £100,000–150,000
  • Fonsie Mealy’s, Dec. 12-13: Roberts (David) & Croly (George). The Holy Land, Syria, Idumae, Arabia, Egypt and Nubia. Lond. 1842 - 1843 [-49]. First Edn. €10,000 to €15,000.
    Fonsie Mealy’s, Dec. 12-13: Incunabula: O'Fihily (Maurice). Duns Scotus Joannes: O'Fihely, Maurice Abp… Venice, 20th November 1497. €8,000 to €12,000.
    Fonsie Mealy’s, Dec. 12-13: An important file of documents with provenance to G.A. Newsom, manager of the Jacob’s Factory in Dublin, occupied by insurgents during Easter Week 1916. €6,000 to €9,000.
    Fonsie Mealy’s, Dec. 12-13: WILDE (Oscar), 1854-1900, playwright, aesthete and wit. A lock of Wilde’s Hair, presented by his son to the distinguished Irish actor Mícheál MacLiammóir. €6,000 to €8,000.
    Fonsie Mealy’s, Dec. 12-13: Heaney (Seamus). Bog Poems, London, 1975. Special Limited Edition, No. 33 of 150 Copies, Signed by Author. Illus. by Barrie Cooke. €4,000 to €6,000.
    Fonsie Mealy’s, Dec. 12-13: Binding: Burke, Thomas O.P. (de Burgo). Hibernia Dominicana, Sive Historia Provinciae Hiberniae Ordinis Praedicatorum, ... 1762. First Edition. €4,000 to €6,000.
    Fonsie Mealy’s, Dec. 12-13: COLLINS, Michael. An important TL, 29 July 1922, addressed to GOVERNMENT on ‘suggested Proclamation warning all concerned that troops have orders to shoot prisoners found sniping, ambushing etc.’. €3,000 to €4,000.
    Fonsie Mealy’s, Dec. 12-13: Scott Fitzgerald (F.) The Great Gatsby, New York (Charles Scribner's Sons) 1925, First Edn. €2,000 to €3,000.
    Fonsie Mealy’s, Dec. 12-13: Yeats (W.B.) The Poems of W.B. Yeats, 2 vols. Lond. (MacMillan & Co.) 1949. Limited Edition, No. 46 of 375 Copies Only, Signed by W.B. Yeats. €1,500 to €2,000.
    Fonsie Mealy’s, Dec. 12-13: Miller (William) Publisher. The Costume of the Russian Empire, Description in English and French, Lg. folio London (S. Gosnell) 1803. First Edn. €1,000 to €1,500.
    Fonsie Mealy’s, Dec. 12-13: Miller (William) Publisher. The Costume of Turkey, Illustrated by a Series of Engravings. Lg. folio Lond.(T. Bensley) 1802. First Edn. €800 to €1,200.
    Fonsie Mealy’s, Dec. 12-13: Mason (Geo. Henry). The Costume of China, Illustrated with Sixty Engravings. Lg. folio London (for W. Miller) 1800. First Edn. €1,400 to €1,800
  • ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
    ABAA VBF: Holiday Edition
    November 30-December 2
    abaa.org/vbf
  • Sotheby’s
    Fine Books from a Distinguished Private Library
    28 November 2023
    Sotheby’s, Nov. 28: Captain Thomas Brown | Illustrations of the American ornithology. £80000-120000
    Sotheby’s, Nov. 28: William Hamilton | Campi phlegraei. £40000-60000
    Sotheby’s, Nov. 28: Nicola Zabaglia and Domenico Fontana | Castelli, e ponti con alcune ingegnose pratiche. £6000-8000
    Sotheby’s, Nov. 28: Bible, German | Nuremberg: Koberger, 1483. £40000-60000
    Sotheby’s, Nov. 28: Bible, English | King James version. £8000-12000

Rare Book Monthly

Articles - November - 2023 Issue

Book Legal Case #2 – The Internet Archive to Appeal Copyright Infringement Judgment Against It Over Their Open Library

The Internet Archive appeals their loss in copyright case.

The Internet Archive (IA), creator of the famed Wayback Machine and numerous other free services, has announced that it will appeal a legal decision against it in a suit by publishers over copyright infringement. In that case, four publishers, Hachette, HarperCollins, John Wiley and Penguin Random House successfully sued the IA over its Open Library. That was a service where IA loaned digital reproductions of printed books to its patrons without charge, and without payment to or permission from the publishers.

 

Copyright law forbids the making of copies of copyrighted books and passing them on to others. However, it permits the passing on, whether through gift or sale, of books legally obtained to others. That is why you can give a book you purchased to a friend or sell it on eBay. That is also why a library can lend books it has purchased to whoever and how ever many patrons it wishes.

 

What the Open Library did was on the borderline. It wanted to lend books it had legally obtained just like any other library. However, they offer a digital library, books lent digitally over the internet. What they did to try to stay with the bounds of the law was to make photocopies of books they owned, turned them to digital files, and lent those. They were only of books they legally owned, either through purchase or gift. When they lent a book, they would only lend as many digital copies as they owned of physical copies. That way, it was limited in the same way regular libraries are as to how many copies they could lend while meeting the needs of the digital age when it came to lending. Of course, they could have obtained digital copies from the publishers, but unlike physical books, there tends to be limitations on how many times they can be lent without incurring additional charges. Under those circumstances, it is hard to obtain free copies donated to them by others.

 

The District Court for the Southern District of New York was having nothing to do with this line of reasoning. The Judge saw this as basically a case of copying a copyrighted work and passing it along. To the Judge, it was an open and shut case of copyright infringement. Case closed. Summary judgment was granted to the publishers with no need for a trial.

 

IA and the publishers entered into a settlement agreement in August. Basically, it provided that the IA would follow the Judge's permanent injunction against lending digital files made from physical copies of books, and pay some unspecified amount in damages. However, the agreement also stated that the IA retained the right to appeal the verdict and cancel the settlement if they won on appeal. The IA did exactly that a few weeks later. They appealed.

 

Brewster Kahle, founder and digital librarian for the Internet Archive, issued the following statement in conjunction with the appeal: “Libraries are under attack like never before. The core values and library functions of preservation and access, equal opportunity, and universal education are being threatened by book bans, budget cuts, onerous licensing schemes, and now by this harmful lawsuit. We are counting on the appellate judges to support libraries and our longstanding and widespread library practices in the digital age. Now is the time to stand up for libraries.”

 

The Association of American Publishers quickly issued a response. They said, “The publisher plaintiffs and AAP community stand behind the District Court’s clear opinion in this case, establishing that that Internet Archive’s industrial scale format-shifting activities constitute copyright infringement, consistent with ample other precedent that defines the clear boundaries of fair use and first sale provisions. There is simply no legal support for the notion that Internet Archive or a library may convert millions of eBooks from print books for public distribution without the consent of, or compensation to, the authors and publishers.”

 

The Internet Archive also said, “...we believe the lower court made errors in facts and law, so we are fighting on in the face of great challenges. We know this won’t be easy, but it’s a necessary fight if we want library collections to survive in the digital age.” They are right. The fight won't be easy. They already have one judgment against them and there is copying taking place, even if the end result is in effect lending a book they already own. However, the IA feels the fight is important and they will proceed to fight to the finish.

Rare Book Monthly

  • Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th November, 2023
    Forum Auctions, Nov. 30: Saint Jerome penitent, woodcut with contemporary hand-colouring and letterpress text beneath, [Augsburg], [Johann Froschauer], [c.1498]. £15,000 to £20,000.
    Forum Auctions, Nov. 30: Elimithar (Elluchasem) "Ibn Butlan". Tacuini sanitatis, first edition, Strasbourg, Johann Schott, 1531. £15,000 to £20,000.
    Forum Auctions, Nov. 30: [Missale Romanum], Latin, Incipit ordo missalis secundum consuetudinem Curiae Romani, manuscript in Latin, on vellum, 234ff. [c. 1400]. £15,000 to £20,000.
    Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th November, 2023
    Forum Auctions, Nov. 30: Foyle copy.- [Shakespeare (William)]. Macbeth. A Tragedy: With all the Alterations, Amendments, Additions, and New Songs. As it is now Acted at the Theatre Royal, for Hen. Herringman, 1687. £5,000 to £7,000.
    Forum Auctions, Nov. 30: Dickens (Charles). A Christmas Carol. In Prose. Being a Ghost Story of Christmas, first edition, first impression, first issue, Chapman & Hall, 1843. £12,000 to £18,000.
    Forum Auctions, Nov. 30: Lawrence (T.E.) Revolt in the Desert, working draft typescript, 1927. £10,000 to £15,000.
    Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th November, 2023
    Forum Auctions, Nov. 30: Hampstead Bindery.- Phillips (Stephen). Marpessa, exquisitely bound by The Hampstead Bindery, almost certainly P.A. Savoldelli, 1900. £6,000 to £8,000.
    Forum Auctions, Nov. 30: Matisse (Henri).- Joyce (James). Ulysses, one of 1500 copies, this one of 250 signed by the author and artist, New York, The Limited Editions Club, 1935. £8,000 to £12,000.
    Forum Auctions, Nov. 30: Burroughs (Edgar Rice). Tarzan at the Earth's Core, first edition, signed presentation inscription from the author to his son, New York, 1930. £5,000 to £7,000.
    Forum Auctions
    Fine Books, Manuscripts and Works on Paper
    30th November, 2023
    Forum Auctions, Nov. 30: Fitzgerald (F. Scott). Tender is the Night, first edition, first printing, signed by the author, New York, 1934. £15,000 to £20,000.
    Forum Auctions, Nov. 30: Fleming (Ian).- Hooks (Mitchell) and David Chasman. Dr. No, British film poster, Stafford & Co Ltd, [1962]. £10,000 to £15,000.
    Forum Auctions, Nov. 30: America.- California.- Palou (Francisco). Relacion Historica de la Vida Y Apostolicas Tareas delVenerable Padre Fray Junipero Serra..., first edition, second issue, 1787. £6,000 to £8,000.
  • Swann
    Maps & Atlases, Natural History & Color Plate Books
    December 7, 2023
    Swann, Dec. 7: Samuel Augustus Mitchell, A New Map of Texas, Oregon and California with the Regions Adjoining, Philadelphia, 1846. $3,500 to $5,000.
    Swann, Dec. 7: 17th–19th-century case maps of various locations. $1,500 to $2,000.
    Swann, Dec. 7: Andreas Cellarius, Haemisphaerium Stellatum Boreale Cum Subiecto Haemisphaerio Terrestri, celestial chart, Amsterdam, 1708. $2,500 to $3,500.
    Swann
    Maps & Atlases, Natural History & Color Plate Books
    December 7, 2023
    Swann, Dec. 7: Vincenzo Coronelli, Set of engraved gores for Coronelli’s monumental 42-inch terrestrial globe, Venice, circa 1688–97. $18,000 to $22,000.
    Swann, Dec. 7: Lucas Janszoon Waghenaer, group of four navigational charts, Antwerp, 1580s. $2,000 to $3,000.
    Swann, Dec. 7: Thomas Bros, Block Book of Berkeley, Oakland, 1920s. $800 to $1,200.
    Swann
    Maps & Atlases, Natural History & Color Plate Books
    December 7, 2023
    Swann, Dec. 7: John Nieuhoff & John Ogilby, An Embassy from the East-India Company of the United Provinces, map of China, plan of Canton, London, 1673. $1,200 to $1,800.
    Swann, Dec. 7: Frederick Sander, Reichenbachia, St. Albans, 1888-1894. $5,000 to $7,000.
    Swann, Dec. 7: Two early illustrated works on horsemanship and breeding, Nuremberg, early 18th century. $700 to $800.
    Swann
    Maps & Atlases, Natural History & Color Plate Books
    December 7, 2023
    Swann, Dec. 7: John Gould, A Monograph of the Ramphastidae, or Family of Toucans. Supplement to the First Edition, London, 1834; 1855. $40,000 to $60,000.
    Swann, Dec. 7: John Pinkerton, A General Collection of the Best and Most Interesting Voyages and Travels in All Parts of the World, London, 1808–14. $1,500 to $2,500.
    Swann, Dec. 7: Oakley Hoopes Bailey, Hackensack, New Jersey, Boston, 1896. $800 to $1,200.

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