Ethics of Review Copies
I mentioned on Monday that I had received my author copies of Red Hood’s Revenge, which means review copies should also be available. If you’re a reviewer and would like DAW to send you a copy of Red Hood (or any of my DAW titles), please let me know and I’ll see what we can do.
#
Earlier this week I stumbled into a conversation about the practice of reviewers turning around and selling review copies on eBay. This includes both advanced review copies (ARCs) and copies of the finished books.
I admit I get a little annoyed when I see one of my ARCs up for sale before the book comes out. Come on, people. The ARC says “Not for resale” for a reason. It just feels rude.
It’s also not something I’m going to waste a lot of time worrying about. For something like Harry Potter, I understand why it’s important to keep spoilers locked down until the release date. For the rest of us — for me — why is this a big deal? Why should I care if a handful of review copies leak out ahead of time? Uncool, yes. But on the list of things worth my time and stress, this isn’t even a footnote.
It turns out some people are quite passionate about reviewers selling their books. In one comment, I learned that not worrying about ARCs on eBay meant I was supporting all of The Evil Book Pirates. I was also told I should get a job at BP telling people their oil spill “isn’t worth stressing about” either. (The BP bit did include the rhetorical “Ha ha, I’m just kidding” trick at the end. As it turns out, adding “Just kidding” does not alter the fact that you’re saying something asinine.)
So I’m curious what other people think. Should reviewers be prohibited from selling review copies? Does it make a difference if it’s an ARC or a finished book? What about solicited vs. unsolicited books? I.e., if I beg Tor for a review copy of Tobias Buckell‘s latest, are my reselling obligations different than if a a publicist sends me a book I didn’t ask for?
Discussion and disagreement are welcome, as always. However, if you try to equate the Review Copy Gray Market with BP spilling millions of barrels of oil into our oceans, please understand that you will be mocked and sporkstabbed.
Even if you’re “just kidding.”
Jason
June 23, 2010 @ 9:51 am
I see a problem with pre-releasing a book or media on E-bay. Leaked books, CDs, movies, ect. really impact the bottom line and keep people from buying the actual product. The majority of people do not wanna pay for something they’ve been listening to or read a month before the book/cd/whatever came out. Me? I don’t mind. I buy books because I like OWNING books and the potential to get them signed is great. Some people don’t.
I see no problem with a reviewer selling a book on E-bay AFTER the book is released, but not before. It’s sleazy. It just isn’t the right thing to do in any way, but I see no way to ban the practice (other than asking E-bay to disallow it) and I am against the government getting involved. The industry, however, could handle this internally though by doing something to identify each ARC copy or even just not giving review books to people that sell them on E-bay. I think that would be a better way to handle it. All in all, I think someone who gets a copy of a book (or any media) and then pre-releases it should be ashamed of themselves.
Jim C. Hines
June 23, 2010 @ 9:58 am
I can see how a leaked movie or CD can affect sales, because that can be uploaded and shared. But do you think a few leaked physical copies of a book are going to have any significant impact on sales? It’s possible I might lose a handful of readers if they buy an ARC a month early, but I don’t see any significant effect.
It does annoy me. I just don’t see how it hurts me.
zollmaniac
June 23, 2010 @ 9:59 am
It took every ounce of willpower not to equate it to BP. Sorry, that’s just me. Plus, I believe in the power of the spork.
Also, the skort.
zollmaniac
June 23, 2010 @ 10:06 am
And that’s not to say that the person who buys the ARC wouldn’t also buy a copy of the book. I can’t imagine anyone but a fan of your work trying to buy an ARC on ebay since who else would be looking for it? I guess a pirate could nab it, scan it, and put it up for free or someone could release spoilers on it.
Kelly A. Harmon
June 23, 2010 @ 10:07 am
If I receive a free review copy of a book, and I enjoyed it, I pass it along to someone I think might enjoy it, too. If I can’t in good conscience recommend the book, I donate it. (Just because I didn’t like it, doesn’t mean someone else wouldn’t.)
If I purchased the book, I have no qualms about re-selling or swapping it.
However, it strikes me as unethical to receive a free book and then sell it — particularly if it’s an ARC. To me, that feels like a breach of trust. Why should a reviewer profit twice on a book?
T.J.
June 23, 2010 @ 10:20 am
I think that selling it on ebay is ok, but after it’s release date (or at least, close to it.) To me, selling it beforehand is rude, however, I’m not going to prevent someone from doing it. Part of me thinks that when my book comes out (whenever dream date that is) that I’ll monitor ebay for ARCs, figure out who it is that’s giving it away, and try to make sure that person doesn’t get it again…as long as they’re very far ahead of the date. Or maybe I’ll buy it back. *shrugs* Maybe I’ll just do nothing, especially if it sells for $3,000. Then I’d feel worth something.
Jim C. Hines
June 23, 2010 @ 10:29 am
But if a pirate’s going to go to that much effort, they’d probably do it anyway when the book came out. (Or just buy an e-book copy and strip off any DRM before uploading it.)
Jim C. Hines
June 23, 2010 @ 10:29 am
Thank you for your restraint.
I think we should design a skort with a built-in spork holder, just for the pure joy of marketing the Spork Skort.
Jim C. Hines
June 23, 2010 @ 10:41 am
If it sells for $3000, I’m putting my own ARCs on eBay! Autographed! That should bump the price up to at least $4000, right? 🙂
Jim C. Hines
June 23, 2010 @ 10:42 am
Does it make a difference if it was an ARC the reviewer asked for vs. something that was sent unsolicited? Also, when you say the reviewer is profiting twice, I’m not sure what the first profit is.
T.J.
June 23, 2010 @ 10:51 am
Absolutely. Those obscure numbers are so awesome. 🙂
MichaelM
June 23, 2010 @ 11:13 am
I think you’re right in that overall, whether it’s a copy of one of your books or something like a King book, the impact on sales is minimal.
I, personally, don’t have a problem with it but then again I’m not a published writer. It’s better than it being thrown out, isn’t it? If there’s nothing (say, an NDA) forbidding the sale then that’s fine IMHO, but if there’s something that prevents it in a legal sense then they should be punished.
I’m not well versed on the subject and I’m sure it’ll differ between the US and UK, but I would guess that the impact is minimal at its worst.
Anna O'Connell
June 23, 2010 @ 11:19 am
Jim, I will make it for you if you will model the prototype Spork Skort at a con some day.
Steve Buchheit
June 23, 2010 @ 11:25 am
I do think there is a difference between ARCs you request and those sent to you. By requesting them you’re tacitly agreeing to be held to their wishes. If they just send it to you unsolicited, you’re under no obligations.
That said, I personally would wait until a book had been released before reselling any ARC. But that’s my own, personal, ethics. If I find myself in a situation of being offered a ridiculous sum of money for one, well, I have my price, but I ain’t cheap. So it’s not an inviolate rule.
However, that said, I doubt many publishers release that many ARCs to seriously disrupt the economics of book sales. “Instructor Copies” however, are a different tale.
Anna O'Connell
June 23, 2010 @ 11:26 am
I have received a couple of ARCs and shared them with others who follow that author, and also bought a few, not off E-bay but at Tiptree Award Auctions, usually autographed by the author, who obviously approves of this kind of “after release” resale. We (the people I have shared with or who shared with me) are very careful not to give out public spoilers.
I see nothing at all wrong with re-selling or donating an ARC after the release date. I think it’s unethical to violate copyrights or publish spoilers. And I think some people who are very “nyaa nyaa neh nyaaa – I know what happened and you don’t” in public fora should be stricken from the publishers’ list for ARCs.
Steven
June 23, 2010 @ 11:33 am
Seems to me that “This ARC is not for resale.” should take the guesswork out of the equation ethically and literally. I’m always amazed at the rationalizations to get around the simplicity of that statement and its implications.
Now, once you’re done with an ARC, what’s the ethics of using it? Keep it for your collection (my usual method, as I’m a book collector of authors and like all formats I can get) or GIVE IT AWAY to someone you think might like the book. The word of mouth and good karma flows for the author, the publisher, and the giver of said ARC. At least I’d like to think so.
Jim C. Hines
June 23, 2010 @ 11:36 am
Fair enough. But not all review copies are ARCs 🙂
Frank
June 23, 2010 @ 12:40 pm
Here are my thoughts with the “Not for resale” and that being that means it cant be resold in a traditional retail environment. Now ebay is a second hand environment so its ok to sell those on ebay because now it is considered a collectible. As for selling it before the date the book is released yeah that is a question of morals and for me i would say no that is a bad thing to do. But after the book came out if someone wants sell it go for it.
Stephen Watkins
June 23, 2010 @ 12:50 pm
Interesting question. I do think there’s a difference between ARCs and review copies of the final books. In either case, it’s a bit unethical to be selling either prior to the official release date.
For ARCs that specifically say “not for resale”, that ethical line is made clear on the cover. That said… the value of an ARC as a collector’s item to a true fan can’t be completely ignored. So, after a book is released, the ethics of selling something like this become a little dicier. I would lean toward thinking it okay, at that point, but only just so.
For final copies of the book sent out as review copies, though, I think it’s perfectly fine to sell these after the official release date.
That said, I think you make a good point that the potential of pre-releasing ARCs and review copies to damage sales is generally minimal. And that makes pursuing those who break that trust likely an unprofitable venture.
On the other hand… if you keep your ARCs and review copies numbered or otherwise tagged and identified, if this is a problem for a writer or publisher, such a system could be somewhat easily implimented to provide a post-hoc punishment by locking out those who breach that trust from receiving future ARCs. I suspect that it becomes hard for a reviewer who regularly preleases ARCs or review copies and stops getting these to continue as a reviewer if they have to start waiting with the plebes to get their copies of the book… So a system like this would be something of a self-enforcing mechanism.
Bill Pearson
June 23, 2010 @ 12:53 pm
In general I have never been a huge fan of people selling copies on eBay before the book is released. The fact they sent the copy to the seller for free… well that is just added insult. I know that the advance copies I receive of books are a sign of trust that I will not be running around and doing things like that. I much prefer the chance to read a major new series before it hits shelves than to make a few bucks.
Now after the book is out for a bit, I don’t really see a problem. It is not impacting sales of the book in any significant way. Judging by the number of books some people get (2-3 per day) you would have to clear out your shelves at some point. It would be more a shame if someone just trashed all those books. It would be nice if they went to libraries. Unfortunately you can not donate an ARC to a library.
I would think the guilt from selling a copy you requested is that you requested it because you wanted to read it. It is a perk of your job which you are exercising instead of going out and purchasing the book yourself. Every job has something like that even if it is office supplies… some are just better than others. 🙂
Jim C. Hines
June 23, 2010 @ 1:10 pm
Personally, I’d rather the book be read than thrown out.
ARCs do have the “Not for resale” text on them, but I have no idea whether that’s legally enforceable, and I highly doubt it would be worth it to the publisher to press the matter in court.
Jim C. Hines
June 23, 2010 @ 1:11 pm
What happens with instructor copies that’s more of a problem?
Jim C. Hines
June 23, 2010 @ 1:12 pm
“And I think some people who are very “nyaa nyaa neh nyaaa – I know what happened and you don’t” in public fora should be stricken from the publishers’ list for ARCs.”
Hm … I don’t know that this is something the publisher should be worrying about, but it’s definitely a jackass move, and the individuals in question deserve a thorough sporking.
Jim C. Hines
June 23, 2010 @ 1:12 pm
Hm … sure, I’d be willing to do that! 🙂
Jim C. Hines
June 23, 2010 @ 1:14 pm
That’s a good point. I’m sure the publisher could do more to track ARCs and which ones are getting resold if it was a serious problem. The fact that I’ve never seen a publisher do this suggests, at least to me, that they don’t consider it worth the time or energy.
I do suspect that when a reviewer is just running an ARC-selling operation, that eventually the publishers will catch on and stop sending that person books.
Jim C. Hines
June 23, 2010 @ 1:15 pm
Some people have talked about donating ARCs to libraries. It sounds like while they might not be able to put ARCs into circulation, they can go into book sales or similar fundraisers.
zollmaniac
June 23, 2010 @ 1:31 pm
This has made my day! I think a Spork Skort could be a serious win.
zollmaniac
June 23, 2010 @ 1:37 pm
True enough.
I have faith – although, I’m not sure why – that humanity will eventually figure out that its just flat out easier to buy what you want than to bother trying to get it for free in some backhanded manner.
King Rat
June 23, 2010 @ 3:40 pm
Man, I sure love to see authors get riled up about nothing. The way it looks right now, we’re going to end up without much in the way of paper books, and ebooks DRMed all to hell so resale of *any* book will be nigh impossible. And they want to bitch about a few review copies right now?
Chris
June 23, 2010 @ 3:50 pm
I applaud you, Jim, for getting that sporkstab! in there. I feel like I should make a Jig the goblin/Pokemon for this. (Go, Jig! Use Sporkstab!) Sorry…one of those things from your childhood that just sneeks up on you. *shivers*
Jim C. Hines
June 23, 2010 @ 3:59 pm
If you do, I hope you’ll let me add it to the fan art section of the web site 🙂
Kelly A. Harmon
June 23, 2010 @ 6:46 pm
If the ARC states “Not For Resale,” I couldn’t in good conscience re-sell it– whether it came to me unsolicited it or not.
Having read through the comments, however, I see value in Frank’s POV regarding an ARC being a “collector item” after the release date.
So: if “Not for Resale” means “not for sale, EVER,then I’ll stick by my ethics and not do so. On the other hand, if it means, “Not for Resale until the book’s been released,” I could probably sell it for a profit.
As for a reviewer profiting twice: I consider the receipt of the book the first profit. It has value–a cover price–which the reviewer doesn’t have to spend in order to read the book.
Victoria
June 23, 2010 @ 6:53 pm
Review copies, for me, are a problem. We get so many of them, and once we read them, we can’t DO anything with them. We are legally prohibited from selling them. We can pass them on, so long as we receive no money for them. We cannot list them on sites like paperback swap or the like. We cannot donate them to libraries. We cannot take them to half-price books. The result of which is that I have rooms full of ARCs, and not enough people to pass them onto (not everyone likes the genre, or the books really aren’t that good).
Which is why I’m sad I missed your last book donation drive. I can give them to shelters and the like, so I try to do that whenever I remember to box them up and send them out. But it’s a hassle and an expense.
Still, I am mostly opposed to selling/distributing books given to me in advance by a publisher in good faith. After release date, I wish I could do something with them, though.
Michele Lee
June 24, 2010 @ 12:43 am
I review, a lot, over 100 books a year. I love getting books for free. I’d feel crappy if I turned around and sold them, but I don’t think it’s criminal to do so. I think the ARC market is collectors (those things get expensive)not pirates, people who most likely also buy a “reading” copy (one they can wear out). That’s what I do. However if I get an ARC of a book I don’t care to keep I donate it to either my local library, school library or a books for troops program. Generally speaking I don’t feel okay selling something I haven’t bought.
Jim C. Hines
June 24, 2010 @ 9:38 am
Hm … I think I’d disagree with you on the first profit, at least in some cases. For a lot of reviewers, this is a job. The book is the tool they need in order to do that job. While it might mean they get some cool books, reviewers also get books that … well, let’s be blunt. They get books that suck. Depending on the job (professional reviewer vs. one-person blog), they may be required to read and review everything they’re assigned, good and painful.
I’m getting wordy. Short version: I don’t see that as profit, any more than me getting “uniform” shirts in my prior job was profit. Sure, I got free shirts, and I still have a few of them … but they were given to me because they were a requirement for the job.
Jim C. Hines
June 24, 2010 @ 9:39 am
A lot of the discussion seems to come down to the difference between what an individual is comfortable with vs. legal/professional obligations. There doesn’t seem to be any law prohibiting reselling review copies, despite the disclaimer on the book. As for personal preferences … I like the options you give here, particularly the books for troops program.
Jim C. Hines
June 24, 2010 @ 9:52 am
Why can’t you donate them or take them to half-price books and so on? The commenter below also talked about donating them to troops overseas.
Victoria
June 24, 2010 @ 10:04 am
I’ve been reading comments from people who say they do this – Wow, I wish our local ones would accept them! I can take reviewer copies that are basically the same as the release book to the library or to half-price, but most of my books are ARCs, most of which do not even have cover art (and in the case of novels reliant on worldbuilding, they never have maps! ugh! :)). Our library, our half-price book store, and bookcrossing/paperbackswap refuse any books that are listed as an ARC or have “Not for Resale” printed on the cover.
I’ve given a lot of ARCs to shelters, I’ve even sent one box of books to the troops (SF/F review books, they like those!) last christmas. I’ve donated to domestic crisis counselors, and the like, but as far as libraries or half-price? No luck.
Victoria
June 24, 2010 @ 10:05 am
Let me clarify – bookcrossing will accept ANY book. 😀
J M McDermott
June 24, 2010 @ 1:39 pm
To me, this whole debate boils down to one thought bubble: “Am I here to sell only one edition of one written novel, for money, or am I here to sell quite a lot of different editions of different books.”
That’s a fancy way of saying that my job, as a writer, is to build an audience.
ARC sales, even if morally gray, do nothing to hinder my ability to build an audience. If someone wants my book bad enough to buy it early, I’m going to assume they are probably a fan of my stuff, and might be excited enough by it to pick up the thing later on, when the glue in the ARC wears out.
Also, I will assume they might also be looking to buy more titles from me in the future.
What’s really frustrating is when an ARC is for sale early, and no one wants to bid on it! My black market goods really should be worth at least fifty dollars!
KatG
June 24, 2010 @ 4:52 pm
I agree with you that it’s not worth stressing about ARC’s getting out there, but it is unethical for reviewers to sell them. The reviewer’s job — out of choice or for pay — is to review books, not make a profit off of the ARC collectors market as a bookseller. But the reviewer does get stuck with books, even books requested, in doing something that is a service to the publisher. So I feel reviewers should be able to ship ARC’s back to the publishers at the publisher’s expense. (This involves some effort on the reviewer’s part in shipping them and getting refunds, but again, the reviewer chose to be a reviewer.)That way, the publisher could actually re-use the ARC’s, even give more of them to the author for promotional purposes, including giveaways. Reviewers can also, instead of shipping the ARC’s back, do the charity thing after the book is released and let charities use them as free books or for giveaways and auction baskets and troop packages.
Of course logically it would make more sense for publishers to send the advance copies electronically, but that opens a whole other kettle of worms. And as long as reviewers are selling the ARC’s off, publishers certainly aren’t going to trust reviewers to help them fix that problem. But I do think publishers should set it up so that reviewers can return the ARC’s in batches if they want to. It wouldn’t surprise me to hear that some of them do this already.
If you really want to be a nice person, collude with your fellow reviewers to collect together all the ARC’s of a book you’ve all received and ship them to the author. The author always needs more ARC’s. 🙂
John (Dreaming In Books)
June 25, 2010 @ 12:21 am
Thanks for the link…I’ll be using that in a minute.
ANYWAY:
I think that both sides make good points.
On the negative end of things, review books, ARC’s in particular, are expensive to make and to send out. The publisher and author send these out and plan on printing them with the idea of publicity so that when the book DOES come out, people will be more apt to buy it. Now, while it won’t deter most people, selling it on ebay is pure personal profit, and I can see how authors and publishers would get miffed at their publicity dollars going to some major book fanatic/scan pirate instead of in their wallets. Also, an ARC is the rough final copy. Which means there are grammar, punctuation, spelling, and formatting errors that will most likely be cleaned up. An ARC is not meant to represent the final product, and depending on the level of editing…it could deter a reader from liking the book as much if they aren’t used to ARC’s.
On the other hand, it’s a matter of personal ideas as well. Most people I know wouldn’t even bother buying an ARC off of ebay, because waiting another month isn’t so bad for a shiny new book, and most people also aren’t that fanatical about one author or another. ARC’s and review copies help build fan-bases as well, and I could see how that would be beneficial.
As to the ARC donation problem, I’m with the many people who either give them away or donate them. Whether it’s a blog giveaway, a gift for a friend who reads as avidly as I do, or donating the book to a local charity book sale, I find some way to get rid of the ones I don’t want or have room for. Libraries are mixed on how they take them – I know some that just give them back to random people for free, and while I get that could be helpful, a book sale usually generates money for some good causes and charities. What about Goodwill or stores like that? Do they take ARC’s?
Camille
June 25, 2010 @ 12:29 am
I have to agree with you. This is not something that matters that much to most of us. A major publisher could punish such people by never giving them another ARC, but that really only hurts the publisher and author. (Which, frankly, I don’t believe the sale of the ARC by the reviewer does – even with Harry Potter.)
So…. Not stressing seems the be the best way to go.
Jason Black
June 25, 2010 @ 1:34 am
Short of having a signed contract or other legally binding instrument with the reviewer that forbids them from selling their ARC, I don’t think you can prohibit reviewers from selling them.
You can, however, make clear that eBaying your ARCs is an utterly crass loser move, and that you will be keeping a list of Losers Who Shall Not Be Blessed With ARCs In Future. I see nothing wrong with that at all. 🙂
Pipedreamergrey
June 25, 2010 @ 5:25 am
Why not offer some of your excess ARCs to other bloggers who are just getting started as book reviewers? As a guy with a small blog, I can tell you, it can be frustrating trying to get a publishers’ attention.
From what I’ve read around the web, it seems to be feast or famine. Either you can’t get ARCs in the first place, or your cup runnith over. Maybe someone ought to drop a line to the publishing industry to spread the love around.
Jim C. Hines
June 25, 2010 @ 11:15 am
Probably because, while it only costs a few bucks to mail an ARC, those costs add up quickly. Likewise with publishers. ARCs aren’t free, nor is shipping, which means they need to decide where to send a limited number of ARCs that they can get the most benefit for their cost.
As I understand it, most reviewers who are trying to get started either buy and review their own books, or else try to write reviews for a larger publication (a gig which may or may not pay anything). I get some review copies these days, but even with about 2000 unique hits a day, I’m still fairly low on the ARC hierarchy, meaning I pay for a good number of the books I review.
SMD
June 26, 2010 @ 4:27 pm
My only problem with it is that it says on the book “not for resale,” which means that, as far as I can tell, it is not legal to sell ARCs. But, in general, I don’t have an issue with it unless it is pre-release, just because I think it’s rude. But, I also sort of have a problem with selling review copies in general, unless you’re doing it for a good cause (charity, for example), in which case, I think that’s just fine…but for personal gain? You already got the free book…give it away to someone else or something.
King Rat
June 26, 2010 @ 4:37 pm
http://www.eff.org/cases/umg-v-augusto
So far courts have held that publishers (in the case linked above, music labels) can’t prevent sales simply by printing “not for resale” on a copy. I’ll leave it to the EFF to explain that better than I can (follow the link).
Whether it’s ethical or not to resell ARCs is another story. But legally it’s currently legit.
Jeff Linder
June 29, 2010 @ 11:02 am
You really need to get promotional sporks printed up as con giveaways 🙂
Jim C. Hines
June 29, 2010 @ 11:09 am
That would be sweet!
T.J.
June 29, 2010 @ 11:15 am
I think the Promo-Spork could be one of the smartest promos in history.