On Twitter today, Katiebabs brought up an Amazon kerfuffle, in which among many other things, one commenter criticized reviewer Harriet Klausner for selling her ARCs. Let’s assume (which I think is the truth) that reviewers’ ARCs are owned by the reviewer, and that legally, a reviewer may do what she likes with her ARC. So, to put it bluntly: this is not a legal issue.
Is there anything ethically questionable about the practice?
Well, one obvious issue would be selling uncorrected proofs. I think putting such a thing into circulation is not ok. Why? Hmmm… maybe because it could harm the author, if the work is judged by an unfinished product. Also, I am guessing reviewers who take an uncorrected proof get a letter or some indication that they are not supposed to let others read it.
How about selling a final product prior to the release date? Each of my husband’s books ended up at Powell’s and EBay prior to their availability to the general public. I know he was a bit put out by that. Is it wrong? Maybe, again, it harms the author in some way. I am not sure exactly how.
How about selling a finished copy on or after the release date? It’s hard to see what might be wrong about this, and yet a part of me feels that even doing this is … not quite the best choice. One argument might be that it harms the author who is not making royalties. But that argument would turn all used bookstores into dens of thieves, so it can’t be right.
Is there perhaps an agreement, implicit or otherwise, between the reviewer and publisher that the reviewer will not sell the book? If yes, then selling it would be breaking an agreement. People have lots of agreements with each other. The vast majority of these are not legal agreements. I agree to pick up the dogs at 5:00 if my husband agrees to drop them off. Being a party to an agreement gives you a prima facie obligation to discharge your duties relative to that agreement. But if it turns out that I can’t pick up the dogs because one of my children is ill and needs my immediate attention, I think everyone would allow that a stronger duty has overridden the duty generated by the agreement about the dogs.
I don’t take ARCs so I cannot answer the empirical question of whether there is any agreement, explicit or implied, between reviewers and publishers, such that the reviewer agrees not to profit from the sale of the free book. Anyone care to clue me in?
And, following from the dog example, even if such an agreement exists, there may be cases where the reviewer has a stronger duty that requires breaking the agreement (for example, selling the ARC to put food on the table).
How about this: Is there something ethically questionable about profiting from something you got for free? I doubt it. My friends won a car they didn’t want or need, and they sold it for the cash. It seemed very sensible and ethically ok to everyone.
Maybe it’s that you already got your “freebie” in the form of a free book, usually in advance. To sell it is perhaps like getting a double scoop, somehow … not deserved and a bit graspy. You could donate the book to a library, a women’s shelter, a nursing home.
So I am finding it hard to put my finger on why people think it is ethically questionable to sell ARCS. And yet, I do have a niggle about it. Roger Sutton, editor of Horn Books Inc., in a 2007 blog post, opined that the reviewer owns the book and can do whatever she likes with it. In another 2007 post from a group blog of children’s book authors, many commenters share the view that they feel there is “just something not right” about selling ARCs. but nobody says what is wrong with it.
One last question:
I’m tempted to say that the reviewer who asks for the ARC with the intention of selling it is closer to being in the wrong than a reviewer whose primary intention is to read and review the book, but who sells it as an afterthought. But why? As long as both reviewers read and review the book (i.e. fulfilling the agreement they have — if they have one — with the publisher) does it matter which motive is dominant?
Any thoughts?











