3.1 Publishers
By signing up on the BA Embargoed Titles Page, Publishers commit themselves to adhering to the principles of the Embargo Notice.
Publishers will decide the titles for which they wish to impose an Embargo Date and should limit selection only to those major titles which have sufficient marketing spend, are likely to attract national media and public interest or have a significant national serial deal.
Publishers may publish Embargoed Titles on any day of the week.
Publishers should not make available e-book editions of the complete text of an Embargoed Title before the Embargo Date.
Publishers must notify details of Embargoed Titles - to include author, title, format(s), ISBN(s) and the Embargo Date - at the earliest opportunity (and certainly no later than six weeks before publication) to their key customers, their distributors, the bibliographic agencies, the Booksellers Association and the trade press. Publishers should use the ONIX OnSaleDate element to identify Embargoed Titles.
Publishers should endeavour not to change the Embargo Date in under six weeks before publication.
Publishers should ensure that the Embargo Date is effectively notified to, and promulgated by, the media when sending out review copies and/or when any serialization rights are sold.
Publishers should ensure wherever possible that their distributors use appropriate documentation to ensure that their customers are fully aware of the Embargo Date when the books are delivered, eg notification on invoices/delivery notes, stickers/leaflets on/in cartons etc.
Publishers should liaise with their distributors and intermediaries to ascertain the lead times required to ensure that books are delivered sufficiently in advance of the Embargo Date to allow for onward distribution to third parties (trade, institutional and consumer), bearing in mind the requirements of the different channels to market.
Publishers notified of any early selling or physical display of titles selected for an Embargo Date will demand that their titles are withdrawn from sale.
If, for some overwhelming reason, the Embargo Date cannot be held, publishers should take urgent steps to notify their key customers, the trade and the Booksellers Association that the Embargo Date has been withdrawn and the books can be put on sale.
Publishers should consider imposing sanctions against Booksellers who regularly fail to adhere to Embargo Dates and who have previously failed to enforce an Embargo Date on one of its own titles.
Publishers may also choose at their own discretion to seek a signed undertaking from Booksellers to abide by specific Embargo Date terms and conditions and advising them of their contractual responsibilities if the agreement is broken.
Publishers will provide contact details (including telephone, fax and email) to which all correspondence concerning Embargoed Titles should be directed.
3.2.1 Intermediaries - Distributors
Distributors act on behalf of their client publishers and should follow their instructions with regard to Embargoed Titles.
Distributors should use appropriate procedures and documentation to ensure that their customers are fully aware of the Embargo Date when the books are delivered, eg notification on invoices/delivery notes, stickers/leaflets in/on cartons etc.
3.2.2 Intermediaries - Wholesalers, Merchandisers & Others
By signing up on the BA Embargoed Titles Page, Intermediaries commit themselves to adhering to the principles of the Embargo Notice.
Intermediaries will be expected to refer to the BA Embargoed Titles Page on a regular basis to ensure they are aware of forthcoming Embargoed Titles.
Intermediaries should endeavour to place orders 12 weeks before publication.
Intermediaries should notify Embargoed Titles well in advance to their key customers wherever possible.
Intermediaries should contact their customers to ascertain the lead times required to ensure that books are delivered sufficiently in advance of the Embargo Date, bearing in mind the requirements of the different channels to market.
Intermediaries should use appropriate procedures and documentation to ensure that their customers, in turn, are fully aware of the Embargo Date when the books are delivered, eg marketing information, notification on invoices/delivery notes, stickers/leaflets in/on parcels, etc.
Intermediaries notified of any early selling or physical display of titles before the Embargo Date by one of their customers will demand that the titles are withdrawn from sale.
Intermediaries will report any early selling or physical display of Embargoed titles directly to the appropriate publisher and the Booksellers Association.
Intermediaries who sign up to this Code of Practice accept that individual publishers may choose to enforce sanctions against them for failing to adhere to Embargo Dates.
3.3 Booksellers - High Street Retailers, Supermarkets, Internet & Other Direct Sellers and Library & School Suppliers
By signing up on the BA Embargoed Titles Page, Booksellers commit themselves to adhering to the principles of the Embargo Notice and not to deliberately (or as a consequence of poor internal communication or systems) make titles available for sale prior to such dates (ie early selling).
Booksellers are responsible for checking whether a title is subject to an Embargo Date using the BA Embargoed Titles Page.
Booksellers should endeavour to place orders 12 weeks before publication.
Booksellers accept that publishers may choose to seek a signed undertaking from them to abide by specific Embargo Date terms and conditions for individual titles. Booksellers undertake to deal with these requests promptly and supportively.
Booksellers should use appropriate documentation to ensure that their shop floor staff are fully aware of the Embargo Date, eg marketing information, stickers/leaflets in/on cartons/containers etc.
Booksellers should consider making it a disciplinary offence for managers if their bookshop fails to adhere to Embargo Dates.
Booksellers may advertise Embargoed Titles in advance and accept pre-publication orders, but they must not put the physical book on display or provide the customer with books before the Embargo Date.
Booksellers may not despatch Embargoed Titles to consumers to arrive any earlier than the Embargo Date.
Booksellers notified of any early selling or physical display of titles before the Embargo Date by them or one of their branches will take immediate action to ensure the titles are withdrawn from sale.
Booksellers will report any early selling or physical display of Embargoed Titles directly to the appropriate publisher and the Booksellers Association.
Booksellers may not commence early selling of an Embargoed Title unless they have received notification, either directly from the appropriate publisher or via the BA website, that an Embargo Date has been officially withdrawn.
Booksellers who sign up to this Code of Practice accept that individual publishers may choose to enforce sanctions against them for failing to adhere to Embargo Dates.
Booksellers who fail to sign up to this Code of Practice and who regularly breach Embargoes may find that Embargoed Titles are not delivered to them until the Embargo Date at the earliest.