• <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [SUPREME COURT JUSTICES]. A very extensive collection of 203 letters, documents and signatures. A COMPLETE COLLECTION OF THE SUPREME COURT JUSTICES, JOHN JAY THROUGH WILLIAM REHNQUIST. $20,000 to $30,000.
    <b>Hindman Auctions, Jun. 23:</b> ZATTA, Antonio. <i>Atlante Novissimo.</i> Venice: Antonio Zatta, 1775-1785. ONE OF THE FINEST WORLD ATLASES issued in Italy in the 18th century. $15,000 to $20,000.
    <b>Hindman Auctions, Jun. 23:</b> [CHICAGO HISTORY] -- [COLUMBUS, Christopher]. Monumental historiated and embroidered panel of the MADE FOR THE 1893 COLUMBIAN EXHIBITION IN CHICAGO. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MONASTERY HILL BINDING]. AINSWORTH, William Harrison. <i>Historical Romances.</i> Philadelphia, n.d. A fine early exhibition binding by the Monastery Hill Bindery. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> [ABSTRACT EXPRESSIONISM]. New York: Tiber Press, [1960]. 4 volumes. LIMITED EDITION, number 119 of 200 COPIES, EACH SIGNED BY THE POET AND ARTIST. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> GRATIANUS, the Canonist. <i>Decretum.</i> Venedig: Petrus de Plasiis, 25 January 1483. Second quarto edition. FIRST PAGE ILLUMINATED BY A CONTEMPORARY ARTIST. $4,000 to $6,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [ABOLITIONISTS]. <i>William Lloyd Garrison. The Story of his Life.</i> New York, 1885. ORIGINAL DOCUMENTS FROM SEVERAL NOTABLE ABOLITIONISTS neatly bound in throughout. $4,000 to $6,000.
    <b>Hindman Auctions, Jun. 23:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740... 1744.</i> London: John and Paul Knapton for the author, 1748. FIRST EDITION. $3,000 to $4,000.
    <b>Hindman Auctions, Jun. 23:</b> Blank railroad ledger, "Compagnie des Chemins de fer de l'Ouest" (spine title). N.p., 1909. A MONUMENTAL 20th-CENTURY ART NOUVEAU BINDING. $1,000 to $1,500.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MINIATURE ROOM] -- [FLEMING, John (1910-1987)]. Miniature of his 57th Street Library and Gallery. JOHN F. FLEMING'S BARONIAL 57TH STREET GALLERY. $1,500 to $2,500.
    <b>Hindman Auctions, Jun. 23:</b> [SANGORSKI & SUTCLIFFE BINDING]. CHESTERTON, G.K. <i>Five Types: A Book of Essays.</i> London, 1910. LIMITED EDITION, number 3 of 30 copies on vellum SIGNED BY GEORGE SUTCLIFFE. $400 to $500.
    <b>Hindman Auctions, Jun. 23:</b> [KELMSCOTT PRESS]. <i>When Adam Delved and Eve Span....</i> [Ancoats Brotherhood, 1894-5]. LIMITED EDITION, one of 250 copies printed. $500 to $700.
  • <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> Renaissance Manuscript featuring two Dialogues by Plato, with translation from the Greek and learned discourse by Leonardo Bruni, called Aretino. $200,000 to $300,000.
    <b>Bonhams, Jun. 1 – 10:</b> Isaac Newton on the plague. Autograph Manuscript, being Newton's notes on reading Van Helmont's "De Peste." $80,000 to $120,000.
    <b>Bonhams, Jun. 1 – 10:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("A. Einstein"), to "Die 'A.E. Group' in New York" humorously accepting his role as patron saint, and offering a motto for their members. $30,000 to $50,000.
    <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> LOBACHEVSKY, NIKOLAI. Document Signed ("Lobachevsky"), and accomplished in Manuscript, a letter of designation in his role as Curator of Regional Education in Kazan. $30,000 to $50,000.
    <b>Bonhams, Jun. 1 – 10:</b> WITTGENSTEIN, LUDWIG. Autograph Letter Signed ("Ludwig Wittgenstein") to Moritz Schlick discussing Gödel's incompleteness theorems. $30,000 to $50,000.
    <b>Bonhams, Jun. 1 – 10:</b> DARWIN, CHARLES. Autograph Letter Signed ("Ch Darwin") to Alexander Agassiz regarding gradation of structure in pediculariæ. $20,000 to $30,000.
    <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> PAULI, WOLFGANG; BOHM, DAVID. Typed Letter Signed ("W. Pauli") to physicist David Bohm offering his second and final critique of Bohm's hugely influential 1952 paper. $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> WHITMAN, WALT. Autograph Manuscript Signed ("Walt Whitman"), a draft of the final lines to his final poem "A Thought of Columbus." $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> KANT, IMMANUEL. Autograph Quotation Signed ("Immanuel Kant"), from an album amicorum. <i>"Quod petis in te est, ne te quaesiveris extra."</i> $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> CLEMENS, SAMUEL LANGHORNE. Photograph Signed ("Mark Twain") and Inscribed, with the witty aphorism, "Admonitions—harvested from the wisdom of the ages: Physician, heal thyself. Patient, heel thyself." $10,000 to $15,000.
  • <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020

Rare Book Monthly

Articles - August - 2013 Issue

Google Wins a Small Victory in Long-Running Google Books Case

Gbjuly2013

A small victory for Google in a long-running case.

Google won a small victory in its eight-year-old Google Books litigation, a lawsuit where the major battles have gone against them. Google has been scanning old books to make their texts available online, reportedly up to 20 million now. Many are very old and clearly in the public domain, but others may or may not be under copyright, and for those that are, locating the copyright holders can be extremely difficult, if not impossible.

When Google began making portions of the texts of these books available, they were sued by the Authors Guild. The Guild demanded permission first be obtained from the copyright holders, even if finding them was virtually impossible. The two sides negotiated for a long time, and eventually reached a settlement. Google would publish only a small “snippet” of the text. If you wanted the rest, you had to buy it. The copyright holders would receive 63% of the payments, Google the other 37%. Authors could opt out or claim their share, and if they did neither, the money would be held in trust for them for a period of time, and then given to charity.

It sounded like a good deal, but many others objected. Some authors did not support the settlement, several of Google's competitors complained, and the heaviest hitter, the U.S. Department of Justice, also objected. Their complaint was that the law requires you must first obtain the copyright holders' permission, and the impossibility of doing so is no excuse. The law is the law. The trial judge, Denny Chin, agreed. Permission of the copyright holder is required, and the Authors Guild, he ruled, has no right to agree to a settlement on behalf of all of the copyright holders who are not members of their organization.

With that, it was back to square one. The Authors Guild reinstituted their suit against Google. This time, they also filed to represent a class action suit for damages on behalf of all of the copyright holders. The first step to such an action is to get the court to recognize the class. Judge Chin recognized them. He noted that requiring each copyright holder to sue individually would be far more costly, and risked having conflicting outcomes from the same set of circumstances.

Google appealed. It cited two major objections. Reminiscent of the claim that prevented the Authors Guild from settling on behalf of the copyright holders, Google said that the Guild could not represent the class of copyright holders as “many members of the class, perhaps even a majority,” approve of Google Books. After all, it does provide a potential source of income from old books, long out of print, unlikely otherwise to ever raise another dime for their authors. Google's second objection was on the “fair use” doctrine. This is a rule which allows you to use a limited amount of copyrighted material. For example, a book reviewer can't reprint or post online an entire copyrighted book, but he can post a few quotes from it. That is what Google believes it is doing in posting a couple of lines, a “snippet,” from the book in response to searches. That, they say, is traditional “fair use.”

On appeal, the Second Circuit Court did not rule on the first claim, whether the Auction Guild can fairly represent a class action. They did hint that they consider this a serious objection if it ever becomes necessary to decide on these grounds. They described the objections as “an argument which, in our view, may carry some force.” However, they overturned Judge Chin's ruling, at least for the moment, until the “fair use” argument can be decided.

What the Second Circuit concluded was that if it is determined that Google's posting of “snippets” constitutes “fair use,” there is no case for a class action suit for damages. If Google violated no laws, they cannot be sued for damages. So, rather then start an entire class action proceeding before knowing whether a wrong was committed, the appeals court sent the case back to Judge Chin to first decide whether Google had violated any rules, or whether displaying “snippets” from the books was legal “fair use.”

So now Judge Chin must decide whether this is “fair use.” If he finds that it is, this case is over. If he finds it is not, Google will undoubtedly appeal again. Then the appeals court can either overturn Judge Chin again, because it decides that this is “fair use,” or because it finds that the Authors Guild cannot represent a class which includes parties that approve of Google Books, or it can affirm Judge Chin's decision.

It must be noted that while this decision may lead to an end of this class action suit for damages, it will not address the bigger issue – what happens after a viewer sees the “snippet.” Under the earlier, disapproved settlement, the viewer could have purchased access to the rest of the book from Google. Without that settlement, or some other solution, the viewer will not be able to buy access to the rest of the book unless that particular copyright holder has granted Google permission. For all of those “orphan books,” ones whose copyright holders cannot be found, the viewer will not be able to look beyond the “snippet.” If they really want it, they will have to find an old copy for sale or find a library that holds it. They won't be able to click a button and begin reading the rest online.

Rare Book Monthly

  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Newton (Sir Isaac). <i>Opticks…,</i> first edition, presentation copy to Nicolas Fatio de Duillier and with his ink and pencil annotations. £300,000 to £400,000.
    <b>Forum Auctions, Jun. 9:</b> Aliotti (Girolamo). <i>Gratulatio ad Pium II pro foelici, ac secundo ex Mantuana peregrinatione reditu…,</i> illuminated manuscript on fine vellum, in Latin, Florence, 1460. £50,000 to £70,000.
    <b>Forum Auctions, Jun. 9:</b> Sangorski (Alberto).- Keats (John). <i>La Belle Dame sans Merci...,</i> illuminated manuscript on vellum, magnificently bound in morocco elaborately tooled in gilt & inlaid with 137 jewels, 1928. £40,000 to £60,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Miniature Book.- Taylor (John). <i>Verbum sempiternum [&] Salvator mundi,</i> 2 parts in 1, contemporary embroidered dos a dos binding, 1614. £20,000 to £30,000.
    <b>Forum Auctions, Jun. 9:</b> Bodoni.- Rossi (Giovanni Gherado de). <i>Scherzi Poetici e Pittorici,</i> with original gouache drawings bound in, Neoclassical red straight-grain morocco, gilt, Parma, Bodoni, 1795. £15,000 to £20,000.
    <b>Forum Auctions, Jun. 9:</b> Palladio (Andrea). <i>I Quattro Libri dell'Architettura,</i> first edition, Venice, Domenico de' Franceschi, 1570. £14,000 to £18,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Voyages.- Lowther (Rear Admiral Marcus, 1820-1908). An album of 166 original watercolours and drawings made on voyages between 1842 and 1853. £10,000 to £15,000.
    <b>Forum Auctions, Jun. 9:</b> Darwin (Charles). <i>On the Origin of Species by means of Natural Selection,</i> third edition (seventh thousand), presentation copy to Robert Colgate, John Murray, 1861. £10,000 to £15,000.
    <b>Forum Auctions, Jun. 9:</b> Jane Austen's Family - ?C[ooper] (E[dward], married Jane Leigh (1736-83), sister of Cassandra Leigh (1739-1827), married George Austen (1731-1805), parents of Jane Austen. Miscellanies, poems dated btwn. 1750-88.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Americas.- Herrera y Tordesillas (Antonio). <i>Novus orbis, sive descriptio Indiae occidentalis,</i> 4 parts in 1 vol., Amsterdam, Colijn, 1622. £6,000 to £8,000.
    <b>Forum Auctions, Jun. 9:</b> Canada.- Baker (Lt. Col. Sir Edward). An Eye Sketch of the Fall of Niagara, [c. 1795.] £5,000 to £7,000.
    <b>Forum Auctions, Jun. 9:</b> Dance.- Caroso (Fabrizio). <i>Il Ballarino,</i> first edition, Venice, Francesco Ziletti, 1581. £5,000 to £7,000.
  • <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> INCUNABULA -Fridolin, Stephan. <i>Schatzbehalter.</i> With 96 (including 5 repeated) full-page text woodcuts. Nürnberg, 1491.<br>€ 39 470 / 57 020
    <b>Koller, Jun. 15:</b> Kokoschka, Oskar. <i>Die Träumenden Knaben (The Dreaming Boys).</i> With 11 original lithographs. Vienne, 1908.<br>€ 35 090 / 52 630
    <b>Koller, Jun. 15:</b> Third Bessarion Master (active in Lombard in the third quarter of the 15th century). Leaf from a gradual, 1455-60.<br>€ 21 930 / 30 700
    <b>Koller, Jun. 15:</b> Picasso, Pablo - Delgado, José alias Pepe Illo. <i>La Tauromaquia o arte de torear.</i> With 26 original aquatints and 1 original etching by Picasso.<br>€ 21 930 / 35 090
    <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> Linschoten, Jan Huygen van. <i>Itinerario, Voyage ofte Schipvaert naer Oost ofte Portugaels Indien…</i> Amsterdam, 1595.<br>€ 17 540 / 26 320
    <b>Koller, Jun. 15:</b> CHILDREN’S BOOKS - Meggendorfer, Lothar. <i>Nah und Fern. Ein Tierbilderbuch zum Ziehen.</i> With 8 coloured, lithographed plates.<br>€ 530 / 790
    <b>Koller, Jun. 15:</b> DANSE MACABRE - Bille, Edmond. <i>Une Danse macabre.</i> With 20 coloured woodcuts. Lausanne, 1919. Large folio.<br>€ 610 / 880
    <b>Koller, Jun. 15:</b> Dexel, Walter. A collection of 7 invitation cards from the Kunstverein Jena, each typographically designed by W. Dexel. Jena, 1924-1928. Each 10.5 x 14.8 cm.<br>€ 530 / 790
  • <b>Swann Auction Galleries:</b> Abraham Lincoln, Emancipation Proclamation by the President of the United States, pamphlet, 1862. Sold May 7 for $11,875.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. Sold May 7 for $4,000.
    <b>Swann Auction Galleries:</b> E. Simms Campbell, A Night-Club Map of Harlem, in inaugural issue of Manhattan, 1933. Sold May 7 for $27,500.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. Sold May 7 for $17,500.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. Sold May 7 for $5,250.
    <b>Swann Auction Galleries:</b> The Black Panther: Black Community News Service, 44 issues, San Francisco, 1967-1971. Sold May 7 for $6,500.
    <b>Swann Auction Galleries:</b> Ernest Withers, I Am A Man, Sanitation Workers Strike, silver print, 1968. Sold May 7 for $5,000.
    <b>Swann Auction Galleries:</b> March For Freedom Now!, poster for a protest on the 1960 Republican Convention. Sold May 7 for $17,500.
  • <b>Old World Auctions (June 3-10):</b><br> Lot 3. Ritter's fascinating sundial world map (1610). $11500 to $13000
    <b>Old World Auctions (June 3-10):</b><br> Lot 590. Ruscelli's complete, third edition atlas (1574). $8000 to $10000
    <b>Old World Auctions (June 3-10):</b><br> Lot 184. Superb pictorial map of Manhattan (1953). $700 to $850
    <b>Old World Auctions (June 3-10):</b><br> Lot 5. Visscher's superb world map in contemporary color (1658). $5500 to $6500
    <b>Old World Auctions (June 3-10):</b><br> Lot 48. Sanson's highly desirable atlas of the Americas with 15 maps (1699). $5500 to $6500
    <b>Old World Auctions (June 3-10):</b><br> Lot 292. Very rare zoomorphic map of Europe during WWII (1939). $1800 to $2100
    <b>Old World Auctions (June 3-10):</b><br> Lot 89. Rare map of the new United States prior to signing of the Treaty of Paris (1783). $3000 to $4000
    <b>Old World Auctions (June 3-10):</b><br> Lot 597. Manuscript geography book with 9 maps and colorful commentary (1834). $1500 to $2500
    <b>Old World Auctions (June 3-10):</b><br> Lot 588. Land grant signed by Confederate General John Buchanan Floyd (1851). $350 to $425
    <b>Old World Auctions (June 3-10):</b><br> Lot 593. First printed atlas to contain a separate map of Texas (1835). $2500 to $3250
    <b>Old World Auctions (June 3-10):</b><br> Lot 297. Charming Beatles map of Liverpool (1974). $475 to $600
    <b>Old World Auctions (June 3-10):</b><br> Lot 591. Miniature atlas with 82 maps based on Duval (1678). $5500 to $6500

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