Codes of Ethics & Conduct
Code of Ethics
The Antiquarian Booksellers’ Association of America was founded in 1949 to encourage and promote interest in and appreciation of antiquarian books and other printed materials, ephemera, prints, and manuscripts; to establish and maintain professional and ethical standards; and to foster friendly relations among both the membership and the bookselling community at large.
The privilege of membership in the Association and the display of its logo carry with them the responsibility for adherence to the Association’s Code of Ethics and Standards as follows:
1. An Association member shall maintain and further the objectives of the Association. Association members shall operate their businesses in accordance with local, state and federal laws. Association members are expected to exercise common sense and courtesy in dealing with each other and the general public. Members must share in the responsibility of furthering mutual trust and respect between the trade and the public by conducting their businesses with fairness and integrity.
2. An Association member shall be responsible for the understanding and use of the specific terminology of the trade.
3. An Association member shall be responsible for the accurate description of all material offered for sale. All significant defects, restorations, and sophistications should be clearly noted and made known to those to whom the material is offered or sold. Unless both parties agree otherwise, a full cash refund shall be made available to the purchaser of any misrepresented material.
4. (a) An Association member shall be responsible for the passing to the buyer clear title to all material sold and not knowingly purchase, hold, or attempt to resell stolen materials. An Association member shall make all reasonable efforts to ascertain that materials offered to them are the property of the seller.
(b) An Association member shall make every effort to prevent the theft or distribution of stolen antiquarian books and related materials. An Association member shall cooperate with law enforcement authorities and the Association’s Board of Governors in the effort to recover and return stolen materials, and apprehend and prosecute those responsible for the theft, including, but not limited to, providing the names of persons involved.
(c) The ABAA endorses the principles embodied in national and international copyright laws. An Association member shall not knowingly violate copyright laws by selling, trading, distributing, or creating unlawfully produced copies of works currently protected by copyright, without the written, oral, or implied consent of the copyright owner.
5. An Association member shall vouch for the authenticity of all materials offered for sale, and shall make every reasonable effort to establish their true nature. Should it be determined that material offered as authentic is not authentic or is questionable, that material shall be returnable for a full cash refund or other mutually agreeable arrangement. Material proven to be not authentic, or of disputed or undetermined nature, shall not again be offered for sale unless all facts concerning it are disclosed in writing.
6. Terms and conditions of sale shall be clearly and explicitly stated in all catalogues and offers, and it shall be made clear at the time of offer whether or not material is offered subject to prior sale. An Association member should pay in full for all material purchased within 30 days from date of invoice unless other arrangements are made. Terms of sale should be clearly defined between seller and buyer at the time of sale and payment should be made in accordance with these terms. However, these terms are not immutable and may be renegotiated by mutual consent.
7. Responsibility for damage in transit shall rest with the sender unless otherwise stipulated. Association members shall see to the careful and appropriate handling, packing, and shipping of material in order to insure that it arrives in the same condition as when purchased. The cost of returning material incorrectly described shall be the responsibility of the seller.
8. An Association member should permit any other Association member in good standing to buy from their inventory any material offered for sale (i.e., priced), and to extend to that Association member a reciprocal trade discount.
9. An Association member should have all material offered for sale clearly marked with the selling price. Material not for sale or in the process of being catalogued should be appropriately segregated.
10. An Association member offering appraisal services shall be responsible for knowing current appraisal regulations as stipulated by the Internal Revenue Service. An Association member shall conduct such appraisals in strict compliance with these regulations.
11. An Association member shall neither approach nor solicit customers in any other bookseller’s shop, book fair booth, or place of business without the introduction or consent of the proprietor.
12. An Association member shall know the Association’s Rules and Guidelines and abide by them. An Association member shall be responsible for employees and associates abiding by the Association’s Rules and Guidelines.
Code of Conduct: Policy on Racial, Ethnic, Sexual and Gender-Based Harassment
I. The ABAA hosts events such as book fairs, events, and meetings, online discussion groups, and other professional activities to enable its members to buy and sell books and printed material, further their education, build professional networks, and meet new customers. We are committed to providing a harassment-free environment for everyone, regardless of gender, sexual orientation, gender identity, gender expression, disability, physical appearance, ethnicity, religion or other group identity.
II. While the presence of sexual, racist or derogatory imagery or language in books or other printed matter for sale at fairs does not in itself constitute hostile conduct or harassment, using or referring to such material in a manner which denigrates or shows hostility toward an individual does constitute a violation of the ABAA's Code of Conduct.
III. Additionally, in order to ensure an environment in which booksellers, their employees, and event participants can conduct business, learn, network and enjoy the company of colleagues in an environment of mutual human respect, the following actions are specifically prohibited:
A. Harassment or intimidation based on race, religion, language, gender,
B. Sexual or gender-based harassment or intimidation, including unwelcome sexual attention, stalking (physical or virtual), or physical contact. Attention or conduct is considered unwelcome if the individual did not request or invite it and the attention or conduct is considered to be undesirable or offensive. While it is not possible to list all circumstances that might constitute sexual or gender-based harassment, the following are some examples of conduct that might constitute sexual or gender-based harassment depending on the totality of the circumstances:
1. Inappropriate or unwelcome physical contact or suggestive body language, such as touching, groping, patting, pinching, hugging, kissing, or brushing against an individual's body;
2. Verbal abuse or offensive comments of a sexual nature, including sexual slurs, persistent or pervasive sexually explicit statements, questions, jokes or anecdotes, degrading words regarding sexuality or gender, suggestive or obscene letters, notes, or invitations;
3. Undue and unwanted attention, such as repeated inappropriate flirting, staring, or making sexually suggestive gestures.
4. Making direct verbal or physical threats, whether in person or through use of electronic or other media.
IV. All participants are expected to observe these rules in instances including but not limited to ABAA-hosted fair or conference venues, online venues, sponsored social events and meetings, and other professional activities.
V. Members are responsible for communicating these rules to their staff and employees. Any member found in violation may be censured, fined, suspended, or expelled from the Association.
VI. Investigating complaints of harassment. Upon its own initiative or upon receiving a written complaint alleging that a member has engaged in harassment, the ABAA Ethics Committee will conduct an investigation. The investigation will be conducted in a prompt, thorough, and impartial manner. The Ethics Committee chairperson or their designee shall inform the respondent that an investigation is being commenced and shall provide the respondent in writing with:
A. a written summary of the allegations of the complaint;
B. notification that the respondent may provide within a reasonable time a response to the allegations;
C. notification that the Ethics Committee will advise the respondent and the complainant, after conducting its investigation, whether it has decided that reason exists to believe a violation of the Code of Ethics has occurred and of its intention to request that the ABAA Board of Governors schedule a hearing on the matter; and that among the materials to be submitted by the Ethics Committee to the Board will be any responses to the allegations provided by the respondent;
D. notification that, should the Board of Governors decide to hold a hearing the respondent will be notified by mail as to the time and date of the hearing and date by which to submit any written materials in response to the allegations and that they will have the ability to appear in person, submit a written statement and/or arrange to have Counsel present during the hearing;
E. Finally, notification that if the Board determines that a violation of the Code of Ethics has occurred it has the authority to levy a fine, censure, suspend up to one year or expel a member from the ABAA in accordance with By-laws section 1.2.
It is essential for the reputation of the Association that complaints or disputes involving Association members be resolved in a manner befitting the objectives of the Association. Claims against Association members, or disputes among members, should be made in writing with the Ethics Complaint Form and sent to the ABAA Headquarters at hq@abaa.org or ABAA, 155 Water Street, Ste. 6-7, Brooklyn, NY 11201. The complaint will then be presented to our current Ethics Committee Chair. Association members shall abide by the decisions of the Board of Governors. Violation of any Association Rule or Guideline may be grounds for fine, censure, suspension, or expulsion from the Association.
