Q&A: Is it illegal to sell textbook Instructor’s Editions on Amazon?

QUESTION: I recently purchased a used version of ‘The Informed Argument’, 7th edition, by Robert K. Miller, ISBN 1413022898.  It is clearly marked as an ‘Instructor’s Edition’ on the front cover, but in a small white box on the back cover, there is the following statement:

‘Not For Sale’–This textbook has been provided free for an instructor to consider for classroom use. Selling free examination copies contributes to higher prices of textbooks for students.

So am I allowed to sell this copy on Amazon?  Amazon and other dealers are clearly selling this textbook.  Alibris is also.  Now, I don’t know if the textbook they are advertising has the ‘small white box’ on the back cover but I am assuming so.

ANSWER: When I first started selling on Amazon Marketplace 8 or 9 years ago, it was fairly common to sell Instructors Editions being sold under the ISBN of the regular student edition. I sold about 100 of them myself, along with “solution editions” and other versions of the book that weren’t normally available at retail. Of course, I noted any discrepancies with Amazon’s catalog listing in my description, and gave a discount off the going price. The people who bought them were thrilled to be getting such bargain.

But a few years ago, Amazon publicized its policy of “No Instructors Editions” with the implication being that you could get banned from Marketplace with the first infraction. So I would advise against selling any textbooks with “Instructors Edition” or any other non-removable marketing indicating it was a complimentary copy. These days, Amazon has about a dozen different ways to nail sellers for selling non-kosher textbooks.

On the other hand, Alibris and ABE.com, as far as I know, actually encourage the sale of Instructor’s Editions and even International Editions (which are often the same book as the U.S. edition, but sold at a lower price). Perhaps this is a way for them to differentiate themselves from Amazon, both for buyers and sellers.

Now, just because Amazon has a policy against selling Instructors Editions doesn’t necessarily mean there’s anything wrong with it. The publisher isn’t going to like it, and some of them even go so far as to say it’s “illegal”, which is absurd. Same thing goes for “promotional copies” of CDs and DVDs, videotapes — as well as “advanced review copies” (ARCs) or uncorrected proofs) of books that are still in print.

Does Amazon enforce these policies because they don’t want to make publishers mad? I doubt it. My guess is the real reason for these policies is that Amazon doesn’t want to hear gripes from buyers who didn’t read the item description.

Here’s one way around it for you Pro-Merchants: Create a new detail page explicitly for the Instructor’s edition!

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9 Comments

  1. susan shirley
    Posted February 25, 2010 at 9:13 am | Permalink

    Great post, as usual! Thanks for the information. I've found that when in doubt it's easier all around just to send a book to the thrift store. Although your point for Pro Merchants is well taken; that way the book would be exactly the same as listed. Keep up the good work!

  2. Posted February 25, 2010 at 9:45 am | Permalink

    Amazon is vague on what is allowed and what is not. Somewhere in their vast help files, it says that if Amazon is selling new copies, it's okay to offer copies on Marketplace. If they aren't, it isn't. Once or twice, I've sold an instructor edition for over $100 on Alibris that was not allowed on Amazon, so it is worth a moment of time to see if an item can be listed.

    By the way, welcome back. I've been missing this blog!

  3. Posted February 25, 2010 at 1:09 pm | Permalink

    According to AZ's Rules – you are not allowed to sell these.

    How do Teachers replace lost copies if their Employers [i.e. Schools] will not replace them? They buy them from Book Sellers.

    In the Public School / Primary School Sector when student editions are bought per 25 to 50 books a Teacher Edition is included or can be purchased. These are called in the trade a "Classroom Pack". Some publishers make it difficult to buy "Stand-Alone" Teachers Editions.

    AZ's Rule is just that AZ's Rule. You play by their "Rule". It is not God's or Federal Law.

    The same is true of the pomposity of Publishers of Books and Music regarding their strong arm attitude towards the resale of "Promotional/Advanced" copies.
    My feeling is that if the copies:
    1. have no numbers
    2. are not to be returned by the proofreader, reviewer or buyer
    3. are not under by stewardship contract to those mentioned in #2

    then,

    if they appear for sale by a 3rd party; that 3rd party not being an assignee [a #2] is not held liable by the "warning" or contract. The same applies to the purchaser. In other words the item is out-of-the-loop and no legal constraints apply.

  4. Anonymous
    Posted February 25, 2010 at 1:12 pm | Permalink

    " 'Not For Sale'–This textbook has been provided free for an instructor to consider for classroom use. Selling free examination copies contributes to higher prices of textbooks for students. "

    NOT TRUE

    Students are gouged by the textbook industry

  5. Posted February 25, 2010 at 1:15 pm | Permalink

    "Here's one way around it for you Pro-Merchants: Create a new detail page explicitly for the Instructor's edition!"

    NO NO NO

    According to AZ's Rules

    THIS WILL STILL GET YOU BOOTED

    There is no BACKDOOR!!!!

  6. Anonymous
    Posted February 25, 2010 at 1:19 pm | Permalink

    9 of 18 books in your

    "Here's one way around it for you Pro-Merchants: Create a new detail page explicitly for the Instructor's edition!"

    Are "Just Launched" 1/2 how long will they last

    2 are drop shippers
    2 are from he same Seller who probably doesn't know what he's doing – that's another 1/4

    No mean NO as Ann Onymous posted

  7. Anonymous
    Posted February 25, 2010 at 1:38 pm | Permalink

    I'm confused as to your "kosher" link showing Amazon's rules and your suggestion to Pro-Merch Sellers.

    Amazon eventually gets around to everything that should not be posted.

    If 3 Teachers Editions posted by anyone are found in 1 day that is it for that seller. No difference if it were on 3 isolated instances.
    Poor advice. I am surprised no one caught that?

  8. Rob
    Posted December 30, 2010 at 3:40 pm | Permalink

    Saying that selling those books contributes to higher prices for students is nonsense. It is the opposite!!! Being able to sell those books increases the supply, which reduces the price.

  9. Laura
    Posted January 10, 2012 at 5:22 pm | Permalink

    There are a couple of missed points here. I am a staff member in an academic office in a university.

    First, if the publishers don’t like it, then stop providing free unrequested copies. Secondly, prices are high because new editions keep coming out, even for ancient text translations! Maybe they do this because of all the freebies out there. Alright. So again, stop sending unrequested books. and for crying out loud, update your faculty lists once in a while. They ignorantly send them to graduate students who either don’t choose their own books or who teach only a semester or two, and they send them to faculty who have long left. Some of my book reps have come around, and I’ve told them squarely don’t send books to this person or that person for these reasons. But I still handle incoming freebies for people long gone. My fee for this? My book. One dingdong couldn’t bother himself to get information at all, and he sent me a box of books to decide who might like them. I’m sorry, but I don’t work for this guy or his company. Is he going to pay me for my efforts? I minimally sent out an email and waited for faculty to view the books. No one came. Mine.

    If I put the books out for free, OUR students not only don’t want them, but book buyers will come along before anyone else can get there with their ISBN readers and take the ones they can sell–they’re not supposed to even be on campus.

    Someone at yahoo said that it’s legal but higly unethical. No, don’t fall for it. Book reps need to be more careful and remember that there are staff people who can give them information to prevent waste.

    Book prices are soaring because of it? Not for the person who bought the nonsolicited exam copy. It can be less than half the price.

    Bottom line is, publishers are spending too much money in the wrong places or in the wrong ways. Send samples with full table of contents and indexes; e-samples; postcards. Talk with the seemingly invisible staff. They know stuff. They often know more than the dept. heads. And stop blaming people who are the recipients of unsolicited merchandise who never agreed to any sort of license.

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