We knew it was coming and it'll be here Dec. 1. From that day onward, the Federal Trade Commission demands bloggers and reviewers tell where their review books come from, if they are free. The fines are $11,000 per violation, it seems.
This does seem a little crazy, and I have to think that the first time some blogger gets fined $8000 for not disclosing the receipt of an $8 book, the press and the lawyers will go nuts. I also think that the word "material," as in "material compensation" *should* let most of us off the hook (though the articles I've seen do not agree).
Cleland also seems to contradict himself in the interview, saying that the books themselves are compensation, but not if you return them to the publisher afterward (how ridiculous) but then also saying it was only an endorsement if you include a bookseller link. He also seems unable to distinguish between the value of an experience vs. the value of *stuff* (ref: the movie example).
All that being said, I don't have an issue with disclosing which books I buy and which I receive. And some of the behavior I've seen described does seem to cross the line to the point that some protection for consumers is warranted--reviewers pumping up the star ratings at Amazon for pay, for instance, or reviewers who receive CARS for their reviews vs. a book (again, I think that word "material" comes into play here). It's a shame if reviewers who are making $50 or $100 for book sales lose that, but personally I've never seen a dime from Amazon Associates, so it's not really a hardship for me to stop posting the links-- just one more formatting chore I don't have to futz with.
I put a note in my sidebar about Amazon links (and Indiebound, even though I almost never use those). And I already put in my reviews when a book is for a book tour. I guess I'll need to be more specific though. I don't have an issue really with doing it, I just think it's stupid the FTC cares. I think if my opinion could be "bought" that would become apparent in my posts and my blog would lose all credibility. *shrug*
Too bad they couldn't write this up to target the people doing those kinds of things you mention and leave the rest of us alone.
And I totally agree. The press will have a field day if/when a blogger gets fined for something so silly.
The interview with Cleland was one of the most confusing things I've read on the subject.
The FTC clarified things...there will be NO fines levied against book bloggers...the FTC doesn't have the power to levy fines for not following the guidelines. Book bloggers will most likely not be targeted unless there is a complaint by a consumer...and then the FTC will simply send you a "cease and desist" order meaning you have to comply (not sure what would happen if you didn't). They don't define what they mean by providing "conspicuous disclosure."
I've decided to simply put a very tiny little image in the right hand corner of each review for an ARC/review book (see attached file).
Bottom line, though, is this is just another example of government intrusion and over regulation. The person who noted this may end up being a way for the Feds to mandate us paying taxes is probably right on target. It infuriates me.