| My friend, a young artist at the start of his career, offered
to sell me a 1 percent share in him for $9,000. I would receive a
portion of his lifetime earnings but would have no say in the
sort of work he did. This seems like a good deal for us both, but
it does feel a bit like slavery. Is this agreement ethical? --
Patrick Hebron, Brooklyn, N.Y.
This deal might show a lack of business acumen -- few artists
hit the jackpot -- but it is not unethical. This scheme is akin
to investing in any corporation, albeit a corporation of one.
Your slavery analogy is inapt. The key moral element in
slavery is the slave's lack of say in the matter. (Pick cotton?
For no pay? And frequent beatings? Count me in!) Your friend's
situation differs significantly even from indentured servitude in
that it places no restrictions on what sort of work he does or
where or for how long he does it. His only obligation is to pay
out some of his proceeds. Nor do you seem to be exploiting any
financial desperation on his part.
There is even a sort of precedent: Bowie bonds. In 1997, David
Bowie issued $55 million worth of 10-year bonds backed by the
revenue from 25 of the albums in his catalog. The venture began
well, but in 2004 the bonds' rating fell to just above junk-bond
status, to Baa3 from A3, partly in response to falling
record-industry sales. Another precursor: the new French Open
tennis champion Ana Ivanovic, who received the backing of a Swiss
businessman when she was 14 in exchange for repayment if she hit
it big some day.
Your friend gets quick cash; you get a shot at a Picassoesque
payday, a fair opportunity for you both. (And if your friend
makes a career change? Celebrate if he turns into Bill Gates or
Warren Buffett; weep if he becomes a hobo or poet or classics
scholar.)
I work for a company that refers patients to doctors. Doctors
pay to be on our list, and for a larger fee a doctor can be the
only name for a geographic area. Patients may get the impression
that such a doctor is the only one we find good enough to
recommend, although we make no such claim. Is it ethical for
doctors to develop leads this way? Is our exclusive-territory
feature ethical? -- S.B., San Diego
It depends on the name of your company. If it is Medi-Shill or
Tout-a-Doc, you're in the clear. You ensure that all who use your
service understand what they're getting. And you position
yourself to produce a terrific line of company T-shirts. I'd wear
one.
But if your company has a less revealing, more magisterial
name and the patients who contact you assume that your imprimatur
represents an unbiased evaluation, then you're giving me flulike
symptoms (morally speaking). Your long lists are dubious and your
exclusive listings even worse, a judgment that encompasses both
your company and the doctors who pay you. Continued... |