dancinghorse: (army)
[personal profile] dancinghorse
Brought to my attention to by one of my Lipizzan-group buddies:

Some enterprising soul is selling an Advance Reading Copy of one of my forthcoming books on ebay. Listed as "unread," no less.

My agent is contacting Roc's sales department to request that Mr. Entrepreneur be summarily and permanently removed from Roc's list of ARC recipients.

For those not familiar with how publishing works, ARC's or bound galleys are sent out several months in advance by publishers to reviewers and booksellers and other parties who may be helpful in promoting and selling the book. These ARC's are limited in distribution and are not to be sold, though they often are as collector's items--however, the ethics of the practice dictate that the seller be so kind as to wait until the book has officially been published.

Posting it on ebay for $49.95 (cover price is listed as $16.00), which is 100% clear profit and of which the author sees not one cent, is not the point of the exercise, people. I particularly like the way the photo of the ARC shows prominently and clearly the label, NOT FOR SALE.

Don't you just love the honest, ethical, and considerate nature of our modern society?

Date: 2004-07-31 02:51 pm (UTC)
From: [identity profile] janni.livejournal.com
And if the ethical case is not enough, the fact that the copy is "unread" should be enough to tell Roc that this is a bad use of their promotional funds, as the seller in question isn't reviewing the books he's being sent.

Date: 2004-07-31 03:07 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
Yep. ARC's are expensive to produce. Authors are lucky to get any for their own collection. I've sometimes had my first view of one on a dealer's table at a con--long after publication, so less problematical.

This book won't be out until October. I hope no one buys the one on ebay. I rather object to other people making money off my and my publishers' efforts, with no return to either of us.

Date: 2004-07-31 03:05 pm (UTC)
From: [identity profile] christymarx.livejournal.com
You have, I trust, notified eBay to yank the illegal auction? As the author, you can claim High Dudgeon and Copyright.

Date: 2004-07-31 03:09 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
My agent says we can't. I could try, I suppose.

Date: 2004-07-31 05:52 pm (UTC)
ext_12931: (Default)
From: [identity profile] badgermirlacca.livejournal.com
High Dudgeon, definitely; copyright, no.

But it could be pointed out to eBay that the items ARE marked "Not for Sale."

Date: 2004-07-31 03:17 pm (UTC)
From: [identity profile] miintikwa.livejournal.com
Oh my GAWD!

As someone who reviews books on the side, I am utterly flabbergasted. I can't even imagine doing something like that. To me, getting the chance to read an ARC is a gift, and taking advantage of that gift is just SO WRONG!

I'm ashamed, and on behalf of the many honest reviewers out there I just have to say 'we're not all like that!'

By the way, I'm new. :) Love your work, I'm reading 'Horse Goddess' at the moment, and I adore Lippizans and love reading about your horses. I envy you being able to live with them (even though I know they're a lot of work). Hope you don't mind me reading you.

--Kara

Date: 2004-07-31 03:29 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
Thanks! And welcome to the gang.

I did submit a query to ebay, but the intellectual-property-rights restrictions seem to apply only to software, music, and films, so I doubt I'll get anything out of them. I see no point in contacting the seller as I know perfectly well what the response will be.

Best bet is to not buy anything from him, and spread the word that the practice of selling ARC's prior to publication is unethical.

Note to self: Notify Tor and Harlequin as well as Penguin that their promotional money would be better spent elsewhere.

Date: 2004-07-31 03:37 pm (UTC)
From: [identity profile] christymarx.livejournal.com
I would take a strong stance with eBay about your authority as the copyright holder/creator of this property, that it's a violation of copyright, and don't back off. They try to make it difficult to discourage people, but you are very much in the right here.

Date: 2004-07-31 04:33 pm (UTC)
larryhammer: floral print origami penguin, facing left (Default)
From: [personal profile] larryhammer
Unfortunately, it's not a copyright violation. He's not making any more copies, and he legitamately has this one copy. Copyright doesn't cover what happens to the copy once it's made.

---L.

Date: 2004-07-31 05:24 pm (UTC)
From: [identity profile] christymarx.livejournal.com
That may be technically true, but the copy is clearly marked NOT FOR SALE, and is therefore being illegally sold, and it DOES threaten her copyright because the book itself is not yet legally for sale.

Date: 2004-07-31 05:56 pm (UTC)
ext_12931: (Default)
From: [identity profile] badgermirlacca.livejournal.com
The fact that the book is being sold in advance of the sale date doesn't threaten copyright in the least. And the copy itself contains her copyright notice.

It's not against the law to sell things marked Not For Sale unless they're foodstuffs or such covered by consumer laws--after all, I could mark all my own books Not For Sale and then sell them if I wanted to. It's extremely poor practice, though, and eBay might be sensitive to it.

I understand some publishers will penalize independent bookstores that sell books ahead of date. Seems that's the least they could do in this case to this seller.

Date: 2004-07-31 06:05 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
It comes down to a simple solution, which my agent is pursuing. Contact the sales department and tell them to take this person off their ARC mailing list. They're wasting their money and he's making a bundle.

The other sf publishers may want to do the same. He's selling October ARCs from Forge, Baen, and the other sf lines. I would presume that he does this every month and has been doing so for years. It's a nice little scam for him. If it dries up, I'm sure he'll find some other way to score some instant money.

I note he sells electronics as well. I wonder where he gets those?

Date: 2004-07-31 10:40 pm (UTC)
ext_24631: editrix with a martini (Default)
From: [identity profile] editrx.livejournal.com
Email me who the seller is, please.

(Since Baen's doing runs of ARCs that barely cover our reviewers right now, I'm curious where they're coming from. Ours, however, are not marked "Not for Sale" and few ARCs are from most publishers. If yours are, it is indeed rare, I might add -- remember, production is what I do. I see ARCs from just about every house. Baen finds it to be added sales, more advertising, the more ARCs go around, but I am curious who the heck go ahold of a copy of our ARCs since we have so damn few this season.)

Date: 2004-07-31 11:12 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
As I said in e-mail, I can only give the ebay user ID--I'm not a member so that's as far as the system will let me go. Guy's in Mpls, if that helps. Anybody a member, who can help [livejournal.com profile] editrx out?

The reason why Roc trade-paper ARC's are so plain, and labeled NOT FOR SALE, is because Roc does not want them sold. Period. They are for review use only. Apparently while ARC's were being produced with proofs of the actual covers on them, they looked too much like the real thing. And were being sold as if they were. And the powers that be were not amused. I'm not just overreacting here. This is against company policy.

If these were films, music, or software, ebay would be down on this seller like a ton of bricks. It is strictly against ebay policy (check out the section on Security and Intellectual Property) to hock advance copies of electronic media. I didn't see anything about print media, and they may tell me they don't care--but I didn't think it would hurt to ask. Especially since this guy has a whole gamut of October releases for sale, from a gamut of publishers.

Anyway. Whether or not ebay deals with this guy, I expect Roc will do something about him. And that's where it's really going to hurt--if his source of freebie grocery money suddenly dries up.

I care less what happens to the things after publication of the book. Then they become a legitimate collector's item and will in the natural order of things show up on dealers' tables. Meanwhile they're a promotional tool and this is abuse thereof.

Date: 2004-08-01 04:14 am (UTC)
djonn: Self-portrait, May 2025 (Default)
From: [personal profile] djonn
I have an eBay account, but can't really add any information about the seller's identity to what's been noted. OTOH, I find it interesting that he's doing a brisk and profitable trade in seemingly new-in-the-box DirectV DVRs (which is to say, TiVO-like recorders) as well as in ARCs.

And FWIW, this seller is new to me -- I've been pointed at two others in recent months, also selling ARCs in relatively organized fashion (though at much less drastic prices). And those two were (a) more easily identified, and (b) reviewers whose names and column-spaces you'd recognize if I mentioned them.

Date: 2004-08-01 04:23 pm (UTC)
From: [identity profile] oneminutemonkey.livejournal.com
Yeah... for purposes of my own, I bid on an ARC a little while back, and then realized the name of the seller was quite familiar as a reviewer. I was glad when I got outbid, as I no longer wanted to line his pockets.

Date: 2004-08-01 06:39 am (UTC)
From: [identity profile] msagara.livejournal.com
We see a number of ARCs at the store. We don't sell them and never have; we do recycle them (literally) after use (although some, like, say, new Stevermer & Wrede, will probably be held on to long after the fact by whoever survives the fight for it <wry g>).

Almost all of the ARCs we get come from our sales reps. (I've only seen two Baen ARCs ever, one being for a reprint omnibus and one for the new Weber; the latter, the owner of the store is a huge fan of, but we had to beat people off with sticks until we hid the damn thing where No One could see it.) On occasion, when someone is curious about a book that the store didn't see as an ARC, we can ask a rep, and they will dig up an ARC.

That said, the very first fan letter I received for SUN SWORD came well before publication; someone had one of the ARCs because they'd paid 30.00 for it (the buy-it-now price) on ebay. They were just so excited, any annoyance I might otherwise have felt kind of evapourated. And, you know, first fan letter for the novel. I am so easily distracted <rueful g>.

Date: 2004-08-01 02:08 pm (UTC)
From: [identity profile] casacorona.livejournal.com
All of ours are marked "NOT FOR SALE". What the guy's selling is what we call a bound galley, not an ARC -- ARCs in Tor parlance have four-color covers, and don't say "Not for Sale" on the front, they just say Advance Reading Copy.

But that's sucky. I doubt very much that he'll sell it though -- that's a high price, and it doesn't seem to be up as an auction.

Date: 2004-08-01 04:15 pm (UTC)
From: [identity profile] oneminutemonkey.livejournal.com
Heck, I've been trying to get ARCs from Baen for a while now, since I try to read and review a wide variety of their stuff. :> I'd love to take the share of whatever git is selling his. :>

Date: 2004-07-31 04:02 pm (UTC)
From: [identity profile] miintikwa.livejournal.com
Yes, the seller, unfortunately, is obviously a lowlife. It's so sad, but selling any of my ARCs- even ARCs I didn't find particularly compelling- never occurred to me. If I didn't like them, I would just store them. I have a box of ARCs in the attic somewhere.

But yes- notify as many publishers as you can of this guy! And try again with Ebay. This is as illegal as selling a rock and claiming it's from the moon, in the end.

--K

Date: 2004-07-31 03:53 pm (UTC)
From: [identity profile] bdenz.livejournal.com
What Christy Said. eBay should not be party to this crap and be vigilant that it doesn't happen, but if they won't be then bite them in the butt. Shame you can't personally notify the seller that you're on to him/her and are watching this practice unfold. People read those comments about sellers.

Date: 2004-07-31 04:06 pm (UTC)
From: [identity profile] klwilliams.livejournal.com
I used the "ask seller a question" link to ask the seller if he didn't think that selling an ARC marked "Not For Sale" is highly unethical. I'm sure he'd love to hear from all of you, too.

Date: 2004-07-31 04:22 pm (UTC)
From: [identity profile] windrose.livejournal.com
You know, that's highly tempting. ;-)

Date: 2004-07-31 04:23 pm (UTC)
From: [identity profile] windrose.livejournal.com
It must be a day for unethical asshats. Gah. You have my deepest sympathies.

Date: 2004-07-31 04:52 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
Thank you all for your support.

It's not a copyright violation, no, but by selling promo materials in advance of publication, he may be in violation of ebay policy. Ebay has an intellectual-property-rights stipulation, with a section for promotional materials. It's aimed at advance copies of music and films, but I cited it in my query, saying that the ARC is an advance promo for a published book and the seller is not authorized by me as copyright holder or by the publisher as distributor to sell it, and this fact is prominently displayed on the cover, which is photographed in the item listing with NOT FOR SALE clear to read.

I don't know what good this will do, but it was worth a try.

He also has a number of other ARCs for sale, all for October books, and they're all from different publishers. So he's getting hold of ARCs with a clear intent to turn around and sell them at a considerable profit. Six at $49.95--do the math. If he's doing it monthly, he's making a nice little bit of grocery money. Ebay may not be bothered to stop him, but the publishers may want to shut him off, since he's not reading or reviewing any of them.

Btw, [livejournal.com profile] casacorona, I believe at least one of the ARCs is for a Forge book.

Date: 2004-07-31 06:34 pm (UTC)
kate_nepveu: sleeping cat carved in brown wood (Default)
From: [personal profile] kate_nepveu
I wonder if the market for this guy is collectors or just people who really really really want the book now? Because the second case is probably going to be buying the book anyway--I know that when I beg spare ARCs or bound galleys off the nice people at Tor, I *always* buy the hardcover, because I wanted the early copies because I love the authors.

I'm guessing that for fifty bucks, it's collectors, but it's just a thought.

Date: 2004-07-31 09:08 pm (UTC)
djonn: Self-portrait, May 2025 (Default)
From: [personal profile] djonn
Unfortunately, it's possible to deduce from some of the seller information that at least some of the ARCs being sold on eBay are coming from pretty high up in the genre-fic review chain, which puts the PR departments in something of a bind -- a publisher who stops shipping ARCs to those reviewers is potentially cutting itself out of some of the (presumably) more influential review venues in the genre.

Of course, the reviewer's problem with ARCs is that if you don't dispose of them, they accumulate over time until they take over large amounts of bookshelf space. (Two full-size bookcases, double-shelved, plus a couple of further stacks, plus several stacks & a bunch of banker-boxes full of old-fashioned unbound proofs or bound xoxed pages. And growing, now that I'm actively reviewing again.)

You will never see an ARC sent to me for sale on eBay ahead of publication date, though I admit to eyeing some of the more venerable volumes on those shelves from time to time and wondering whether they've appreciated. (FWIW, I am not convinced that eBay's the best place to sell used/collectible books, from a seller's perspective.)

OTOH, I have been known to donate ARCs, very occasionally including prepublication material, to my local SF convention's charity auction. What with my dormant reviewing status over the last couple of years, it's been a good while since prepub's been an issue in that line -- though now that I'm back in the AMAZING stable, that may change again. FWIW, as far as I've ever been able to tell, the bidders at those auctions are in the collector segment -- to the extent that I've known people who buy both the ARC and the first edition of the book. The theory as I've heard it is that one preserves the ARC for collectible value and reads the finished book -- and, thereby, also ensures that the author gets his or her percentage.

Date: 2004-07-31 10:47 pm (UTC)
From: [identity profile] klwilliams.livejournal.com
You know, if you have a pile of ARCs you don't want but don't feel morally comfortable giving away, you could throw them in the garbage can. It does sound like sacrilege, but you could do it.

Date: 2004-08-01 03:06 am (UTC)
djonn: Self-portrait, May 2025 (Default)
From: [personal profile] djonn
You know, if you have a pile of ARCs you don't want but don't feel morally comfortable giving away, you could throw them in the garbage can. It does sound like sacrilege, but you could do it.

Heh.

Thing is, I do for the most part like having the ARC library around; they are in no few cases my reading copies of the books in question (one doesn't necessarily get both an ARC and a finished copy of any given book), and while using them as such cuts into their theoretical value as collectibles, that's not a major consideration for the majority of the volumes.

And I do donate out some of the material that comes in -- again, typically to convention charity auctions.

It's not a moral thing, really (at least not once the publication window closes). It's just the perennial pack rat's problem of having sufficient space for one's loot.

Date: 2004-07-31 09:14 pm (UTC)
djonn: Self-portrait, May 2025 (Default)
From: [personal profile] djonn
Posting it on ebay for $49.95 (cover price is listed as $16.00), which is 100% clear profit and of which the author sees not one cent, is not the point of the exercise, people.

While I completely agree with the moral outrage, strictly speaking the seller is not in fact clearing 100% profit on the final selling price -- there's eBay's listing fee to cover, and depending on payment methods accepted, whatever processing fee Paypal or its equivalent is charging these days.

Which is one reason it's been ages since I've sold anything on eBay; the pricing models I see people using, and the kinds of things I'd want to sell (definitely NOT including prepub ARCs), are such that I am not confident I'd make enough to make the time-investment worthwhile.

Date: 2004-07-31 11:25 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
He gets these things for free. The buyer pays shipping. Whatever his final take is, it's all clear profit. No investment on his part but the time required to put them up on ebay. He's listed as a "Power Seller," so he's probably making a decent income off his ebay sales. Any expense that goes into it, he can write off his taxes.

It's a great scam for him, especially since he's got the "advance copy" wrinkle. If these were older books, he wouldn't have that going for him.

Would be nice if ebay extended its policy to include promotional copies of print media. Who knows, maybe it will.

Date: 2004-07-31 10:42 pm (UTC)
From: [identity profile] starfall42.livejournal.com
You could report them to eBay's VeRO program. My impression is that they tend to take the copyright owner's side most of the time. One of the violations is "Offers a copyrighted item in violation of a license with the IP Owner." If it was indeed sent out as "not for sale", this might qualify.

Date: 2004-07-31 11:17 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
I looked at that and it was e-media-oriented so I didn't see how it could apply to me. I think the best tack is the one my agent said he'd take: contact the marketing department and let them know what's going on, then let them handle it. I have no clout that this sort of person will acknowledge (I'm "only" the author), but Penguin USA packs a punch.

Date: 2004-08-01 01:30 pm (UTC)
From: [identity profile] starfall42.livejournal.com
Although most of their info pages talk about music and video (because that's where the most violations come from), it really does cover all intellectual properties. I would still fax eBay a VeRO complaint, saying the item violates the license agreement ("not for sale").

ugh

Date: 2004-07-31 10:44 pm (UTC)
From: [identity profile] http://users.livejournal.com/_siddal_/
Well that's craptacular! I will send the killer BatCat and Pembrose kitty to claw the eyes out after the killer lipizzans finish 'em off ;)

Re: ugh

Date: 2004-07-31 11:18 pm (UTC)
From: [identity profile] dancinghorse.livejournal.com
Now there's a plan!

Date: 2004-08-01 04:21 am (UTC)
From: [identity profile] maryosmanski.livejournal.com
You need a bigger "gun" than you or even your publisher to put a stop to this.

Just think how quickly J. K. Rowling would be talking lawsuit if an ARC of the next Harry Potter novel were offered on EBay ahead of the publication date!

If not Rowling, then Stephen King, Dean Koontz, Dan Brown, Tom Clancy, Danielle Steele.... You get the idea. These people have publishers and agents who can be reached by your publisher, agent, etc.

Date: 2004-08-01 11:45 am (UTC)
djonn: Self-portrait, May 2025 (Default)
From: [personal profile] djonn
If one wants a Big Gun, this seller's left himself open. Among his current/recent ARC auctions, he's sold two Clive Cussler sharecrops and a Terry Brooks "Shannara" ARC, all for considerably more than he's asking for Our Hostess's novel.

Date: 2004-08-01 02:50 pm (UTC)
From: [identity profile] bdenz.livejournal.com
Anyone know how to reach Terry Brooks or Clive Custler to let them know and see if they care? [innocent look]

Date: 2004-08-01 03:27 pm (UTC)
From: [identity profile] smoemeth.livejournal.com
Keeping the scum off eBay is a never-ending crusade. Rob is one of a posse of Tori traders who are constantly reporting concert bootleg auctions to The Powers That Be over there. It occasionally works and the seller gets banned, but then they just come back with a different user ID and it starts all over again.

If there is a silver lining, just consider this: at least he didn't scan the book and put it up on his Web site. :}

Date: 2004-08-01 04:13 pm (UTC)
From: [identity profile] sugnwrgwaed.livejournal.com
Found your post through [livejournal.com profile] genreneep - I've been battling with Amazon for quite some time over their allowing "z-shop" and booksellers to offer ARC's (I work in publishing as well as hoping to be published someday). Their response has been a rather Valmont-like "it's beyond my control". You might want to check that site as well to see if anyone is selling your book, and have your publisher's lawyers contact them if it's happening. The lack of ethics of "our modern society" appalls and disgusts me: I love it not.

Date: 2004-08-03 08:01 pm (UTC)
From: [identity profile] equesgal.livejournal.com
If you really want to find out who this is just win the auction. You will automatically be sent the name and address of the guy you need to send the money too.

Old ARCs

Date: 2004-08-09 03:44 pm (UTC)
From: [identity profile] alanlattimore.livejournal.com
One of the nicer ways I've seen old ARCs passed along is through benefits and auctions, either for a writer with health care expenses or for a cause such as BroadUniverse or the James Tiptree award.

Personally, I return mine to the author (if I can without running up my own expenses) or ask them if there's another reviewer I can pass the copy along to (if I like the work and want to promote it). But then I'm not reviewing a large volume.

Best regards,
Alan
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