982press

[absolutewrite]

We're seeking articles of various types for publishers. We sell articles at your price, and pay you through bank check, or through PayPal for article sales. Visit our site at: www.982press.4t.com. (http://www.982press.4t.com.)

[rtilryarms]

Do you still charge $5.00 proofreading fee?
How about a list of publishers that have bought from you?

[982pressny]

Information regarding fees are inaccurate on this board. 982Press offers free and paid memberships. There was never a mandatory fee whereas a writer had to pay to submit articles. We've always offered optional plans.

[magazinewriter]

Hmmm...in looking over the site, I'm only able to find 4 or 5 publishers mentioned by name, and I'm guessing they're small publishers as I've never heard of any of them. When 982 first started, they listed names of some big glossies that they claimed looked for articles on their site. I write for some of the mags they mentioned, and I remember my editors and I shared a good laugh at the notion that these editors would have the time or inclination to search this site for articles.

The site strongly encouarges writers to submit original material, but quotes ridiculously low price ranges. I don't see why a professional writer (as in, one who wants to make a living through writing, as opposed to a hobbyist) would want to bother submitting original articles to this site when they'll only get paid peanuts. It might be a place to peddle reprints, but I can't imagine they'll get many professional writers willing to submit original material.

I'm also leery of any company that hosts their site on a free hosting outfit, rather than getting their own domain.

[982pressny]

(All statements on this board are untrue and inaccurate.)

[jazziz1]

Wow. Although the clarification provided here on this subject my be helpful, this doen't seem like a very "professional" response to me. Not one you'd expect from a "professional" company, anyway. I don't think I'll be submitting any of my work any time soon. Of course, it's my loss, right?

[arieltaylor]

That defensive and snarky response should attract professional writers in droves. And your goal is to attract editors at national pubs? Oy.

[magazinewriter]

982pressny, you do make one valid point - I have no way of knowing for certain whether or not you pay for your hosting (although the fact that you don't have your own domain and instead use a freeservers sub-domain does make it appear to be a free hosting situation) so I apologize if I jumped to the wrong conclusion.

But I do stand by my basic point which is that professional writers simply could not stay afloat if they worked for these kind of wages. I am not putting down anyone who submits articles to 982Press or similar sites. Like I said, this may be fine for a hobbyist, beginning writer or someone who just wants to make a few spare bucks.

But as a professional writer, there's no way I personally could afford to spend an hour or more crafting an orginal article that would net me $25.

[keiko]

Can't pass this one up. Professionals don't write articles, then spend their time looking for someone to buy them. Period. And I'm a full-time freelancer who makes a living off my work. And guess what? I don't do it by selling it for $25 a pop.

I think companies like this are the worst -- you exploit people who want to be published by giving publishers who want to pay next-to-nothing a place to do their shopping. Anyone aspiring to write professionally would be better served taking the query-crafting course offered here on Absolute Write, then sending out queries. What this company offers is worse than writing on spec. You're writing for a black hole.

[sassenach]

Professionals don't write articles, then spend their time looking for someone to buy them. Period. And I'm a full-time freelancer who makes a living off my work. And guess what? I don't do it by selling it for $25 a pop.


////

Really? I'm a F/T freelancer as well, and have earned my living this way for years. Most articles I write on assignment; some I write and look for a buyer.

The market's been tough for a couple of years, and if I can re-sell something for $25 or $50, I will. Money for reprints is gravy, IMO.

[Ravenlocks01]

Everyone is happy -- the writer gets PAID, we get PAID for selling, and the publisher SAVES money.
So the publisher SAVES because the writer gets paid LESS? Sorry, but no thanks. I'm in it for me, the writer. I couldn't care less about the publisher's bottom line. That's their business.

[jmhcreativesolutions]

Really? I'm a F/T freelancer as well, and have earned my living this way for years. Most articles I write on assignment; some I write and look for a buyer.

I've actually done better by coming up with ideas first, then pitching those ideas. Writing, then looking for a buyer has worked a few times . . . but I think the time spent should be on a piece I know will receive pay. A place like 982press is looking for someone to spend time writing original pieces and time is money . . . so the writer is actually spending money instead of earning it . . . unless, of course, they consider reprints. From what I see, they don't and I'm wondering why . . ?

[magazinewriter]

Interestingly, it seems the site's FAQ has been changed. Previously, it stressed that writers were strongly encouraged to submit original material. Today, it just says reprints are fine.

FYI: for more info on this company, see
www.writersweekly.com/war...press.html (http://www.writersweekly.com/warnings/982press.html)

[Keiko]

sassenach wrote:

Really? I'm a F/T freelancer as well, and have earned my living this way for years. Most articles I write on assignment; some I write and look for a buyer.

The market's been tough for a couple of years, and if I can re-sell something for $25 or $50, I will. Money for reprints is gravy, IMO.

/////////////

My bottom line was close to $100,000 in 2002. I'm single and self-supporting. Writing is my day job and I don't have any other source of income. And I didn't make that kind of money writing articles and looking for buyers.

If $25 or $50 bucks a pop trips your trigger, then have at it. You won't have any competition from me. I'm not interested in those markets.

[emeraldcite]

Right now, we don't care about negative comments about our company and we will NOT respond to anything else -- especially stupidy. This is a professional company.


i'm glad they won't put up with "stupidy." I was worried they wouldn't put up with stupidity, being a professional journalist/writer/company/[fill in the blank.]

thanks for the chuckle. :)

[absolutewrite]

In response to the ridiculous statements made by 982pressny (who is this person?!), I'm moving this fascinating thread to the bewares board, which is, I believe, its rightful home. 8o

Emerald, you're so stupidy!

[emeraldcite]

was that an insult or a complement?


I think i'll take it as a complement ;) I like completments. :rollin

[Dave Kuzminski]

I found this to be interesting particularly as I'm in the middle of devising a rating for them at Preditors & Editors (tm). So far, they haven't impressed me, but not enough to rate anything above or below a neutral rating.

[sfsassenach]

Dave:

Maybe yours was a quick post, but I'd appreciate some clarification on how P&E rates. Is there a checklist, standards, etc.?

thanks

[Dave Kuzminski]

Yes, P&E uses stated criteria in formulating its ratings. Those are listed within the P&E sites in several places, usually in the front of each section. There are different criteria for agencies, publishers, promoters, and so forth. Furthermore, most ratings are based upon significant multiple complaints or other verifiable information such as direct information from the agency's or publisher's web site. This is one of the reasons why P&E has never been sued in its seven years of operation.

P&E doesn't post the criteria for gaining a favorable recommendation as those should be rather obvious from reading the criteria for negative recommendations. In other words, be fair in contracts to writers, treat them with respect, and don't cheat them. At the same time, P&E considers other information such as whether there's a track record of successful sales, length of time in business, and other pertinent facts.

[WritersWeeklycom]

When we first investigated 982Press.com, we were shocked at their lack of professionalism and the fact that they charged writers who wanted to submit their work.

We also find it disgusting that they continue to post numerous "ads" for writers on the Internet, but rarely if ever mention the name of their company in those ads. But, we've never found an ad online where they're soliciting buyers of the articles they have listed for sale. I guess charging writers to submit articles is pretty lucrative business. And, they never provide firm information on who is buying their articles (if anybody) or how many articles they're selling monthly (if any), or who the writers are who are supposedly raking in the money using their firm (if anybody).

Also, we've been spammed by their representatives (freelancers trying to earn commissions?) on numerous occasions. And, no, they weren't spamming us to get us to buy articles from them. They were spamming us to try to get us to pay them to sell our articles.

We strongly recommend all writers avoid this outfit. Just read their insulting and unprofessional post above for a hint of what you're in for if, heaven forbid, you have a disagreement with this firm. Also see the link below for another sample of their attitude.
www.writersweekly.com/war...press.html (http://www.writersweekly.com/warnings/982press.html)

Read more about why you should avoid online syndicates at: www.angelahoy.com/writing...00298.html (http://www.angelahoy.com/writing/archives/000298.html)

See the paragraph under the heading - "Let us sell your articles!"

[sassenach]

Featurewell.com, for example. I've worked with them, and they're excellent.

[982pressny]

(All statements on this board are untrue and inaccurate.)

[982pressny]

By the way, there IS a post on Freelancewriting.com and other sites soliciting publishers to buy articles from 982 Press. 982 Press does advertise for both writers AND publishers. And you can tell by our ad from the very top that we advertise our name as well. Some ads don't - but most do. We apologize for any misleading information from WritersWeekly.

[982pressny]

(All statements on this board are untrue and inaccurate.)

[reph]

In the quotation I just read, they said you were spamming them to try to get THEM to pay YOU for selling their articles. Duh, indeed!

[jmhcreativesolutions]

Looks like this is becoming a thread for the "Take it Outside" board.

I truly understand this person's feelings . . . her business is getting bad press on a widely circulated message board for writers . . . but . . . in all honesty . . . wouldn't it make more sense to handle this situation differently? Remaining professional is, as already outlined in this thread, priority when maintaining a business . . . *and* trying to save face. This person's allowing the "emotional side" of this to get the best of her and, in the midst of that, further placing herself in a negative light.

I guess what I'd like to know is:

* If you're concerned about receiving "over 100 articles per day," why are you advertised on the highest traffic sites for writers as needing new work? (By making a claim that you added the fee to cut down on submissions because it's too much to handle, you're contradicting yourself by advertising in SO MANY places.)

Yes, the fee is an issue for me and will remain so as long as I see threads saying there's too much work coming in without one . . . then another thread/advertisement calling for submissions. It just doesn't makes sense to me . . . and I'm sure it doesn't to others, as well.

Thanks,
Jennifer

[daisymayfattypants]

Just checked out their site out of curiosity, and within seconds found something that would make me leery:

Quote:
"We have hot new articles for your publication written by writers from all over the world including: the U.S, Japan, Africa, India, New Zealand, Germany, Romania, Brazil, Norway, Denmark, Sweden and other countries. To order articles today for your publication, please visit our Article Library and take a look at the articles available for your publication."

News flash: Africa is a continent, not a country. A professional organization would know that.

[Momwriter]

Just a little addition to this discussion. Several weeks ago (Before I had seen a warning) I sent 982Press an e-mail requesting that they clarify a couple of points in their guidelines and filling me in on "who" they are. (I do not, have not, and will not work for a company that isn't willing to give me details on who owns the company or is at the very least in charge. I work with Fortune 500 companies every day, and every single one of them will tell you who the CEO is and who's on the board of directors. THAT's how a professional business is run.)

:::Off the soapbox::: The point being, I sent a valid request for more information from this company. They never responded. Not professional. Even as a single person, running a legitimate business, I do my best to respond to every e-mail that comes addressed to me directly within 24 hours. A business of any sort should do the same.

My suggestion is always research new companies, and in the absence of professionalism, find some one who knows how to at least appear professional.

Just my two cent...

Jerri L. Ledford
Freelance Business/Technology Writer
jledford6568@comcast.net

[daisymayfattypants]

Just check out the featured articles on 928's site.

The article on condom sizes could not possibly target any mainstream publications, or even out-of-the-stream pubs. That particular article, which is a highlighted feature on the front page of 982's site, is almost pornographic in nature and rather offensive...it doesn't even qualify for clever double-entendre status. The same author is "featured" in yet another piece about breasts. Is this site only for authors interesting in attracting lower-level Playboy or Maxim wannabes? You can, as a writer, be defined by the company you keep, and these pieces are examples of company to avoid. These are not pieces that would normally be attractive to publications that mine syndicates for material. I, too, would be interested in seeing a list of publications that have purchased material via this site. If they're not the kind of pubs that would buy the kind of pieces I write, why bother using the company? Writers deserve to have this kind of information up front.

[nickyallard]

I, unfortunately had submitted articles to 982 Press when I was just starting out. Later, when I tried to get them removed I was ignored, so I got Writer's Weekly involved. Finally, they wrote and said that I had signed a contract and to look over it. So I did. There was nothing on it about the length of time the articles had to be there. I had forgot about it for a while, and eventually decided to check their website again. My articles were still there. I think it was somewhere between 1-1 1/2 years before they were finally removed. I made many mistakes as a beginner, but this was the worst. 982 Press is shockingly unprofessional, among other things. Every response I received looked like it could've came from anyone. I don't even know the names of the people who work there! I can't believe they can get away with the things that they do. Also, I've never heard of a writer being happy with their so-called service. Is it the "editor" with a pen name? Who knows. I hope 982 reponds to this so I can have some more laughs. Oh, and anything Angela Hoy says is truthful. She is to be highly trusted by all writers. She has been a huge help for many of us, and an invaluable friend.

[tayyba]

If you've paid 982press online, via credit card, they use a service called ibill. The default setup for paying through ibill is that your subscriptions are set up for recurring payment. So once you've paid, you actually need to log into ibill.com using the registration or confirmation number you got and change your payment to be non-recurring.

I did that, and got an email from 982press saying that they had noticed that I had cancelled my registration with them soon after registration. I had to clarify to them that my registration was still valid and what I was cancelling was the recurrence.

So do they not know that writers are getting signed up for recurring payment, or do they not know the difference between a notice they might get from ibill about a recurrence cancellation vs. a complete cancellation? Whichever. Watch out.

[982pressny]

Hi Taayba,

We do not use iBill. Sorry, I believe you have the wrong company. Writers are only billed once and we never had a 'billing recurrence' problem (ever).

[Jennifer C]

It should be common sense for anyone to avoid submitting articles to a WRITING outlet whose recruiter can't even spell. Sheesh!

[rennes]

Thanks to Angela and other writers for making me aware of this "company". When I first looked at their site, I had a funny feeling they were too good to be true. As for the "professional comments" posted by 982 Press, I think a course in Human Relations is needed.

Thanks

Jocelyn Fong
Freelance Writer & Photographer
jfong@free.fr

[rtilryarms]

Well,

At least we have a representative from the company adressing the concerns. You all know I am the most suspicious amateur out here. Whenever I respond to one of the spam messages from "Companies", it is promptly ignored. I am at least impressed that Donna and Yvette (although Yvette dosen't give a last name) has the courage to approach our suspicions.


I may research a little further.

rt

[rtilryarms]

oops

I meant "Doesn’t"


spellcheck is for weenies


lol

[rtilryarms]

Well I got bored (and curious). So I decided to investigate982press. Now I don’t need the practice so I will give you my 20 minute probe summary:

20 minutes is not enough time for me to complete a forensic background search on any person or entity. But 10 minutes is all I need to determine that there is a concentrated attempt to veil identities of the principle directors of 982press. That is not necessarily an evil incident in this anonymous electronic universe. But I prefer to engage in commerce with real people.

I have not looked to the Public Records of NY, Department of Corporations or Fictitious Names but I suspect I will not find 982press. I would like 982Press to identify themselves and offer their credentials. The failure to do so has my stayawaydar beeping at top decibel.

Ms Johnson, or S. Johnson or Sherry Johnson or Sherry Y(for Yvette?) Johnson or Traci Smith or Donna Lynn please set the record straight. Why would we do business with an anonymous entity that is getting slammed around the message boards?

Since I am not selling anything, I remain,

anonymously yours;

rt

[Scribena]

The don't use ibill, however I just checked one of the few sites of this business that isn't shut down and find out that they use paypal. The drawback of Paypal is that they charge a refund penalty to merchants, so if you're swindled you may have a hard time getting your money back.

[Scribena]

Good luck in your research

www.geocities.com/irenehe...2press.htm (http://www.geocities.com/irenehelenzundel/982press.htm)

[rtilryarms]

No sense continuing more research. 982 seems like a great idea and the layout is very good. Nice website and seems to be attracting a lot of freelancers.

But beware of people using only partial names and different alliases. Also multiple businesses are run out of this apartment. Rtilryarms is a businessman. Real people in commerce use real names because they are proud of thier wares. Paypal is another identification shield.

Have you ever sold anything through 982?

rt

[Johnny]

I signed up with them a few weeks back. I remember seeing something on there, that said if nothing sells in the first month, they will reimburse my $5.00.
Seemed fair to me.
However, they rejected my first article which had been published. I assumed they let the shoppers decide if they wanted it or not.
There are some contributors with pretty impressive credentials, so if it's a scam, they get the professionals along with the amateurs.
I was also surprised at how few new articles go up. If they're recieving hundreds a day, I would think there would be more.
Please forgive the post for errors. Posting boards are the one place I don't spell-check or re-write 50 times.

[howie995cscom]

More 982Press bad experiences: I submitted perhaps eight articles by e-mail, but they wrote back and said only two of them could be used due to excessive dingbats and other problems in transmission. I e-mail stories to various publications virtually every day, and not once have I heard a complaint (and my articles are published several times a week in newspapers with little or no editing). I even re-typed three of the articles and e-mailed them again, and 982Press (politely) informed me that those articles also could not be used.
Sincerely,
Disappointed in Idaho

[WritersWeekly]

982Press claims they didn't spam us. They lied (again). Here's a copy.


Date sent: &nbsp &nbsp &nbsp &nbsp Sun, 09 Mar 2003 23:40:36 -0500
From: &nbsp &nbsp &nbsp &nbsp <karen@emailremovedforpublication.com>
Subject: &nbsp &nbsp &nbsp &nbsp Re: Additional Forum for Publishing Exposure


> Hello Angela Adair-Hoy,
>
> A writer referred your site to me. What an interesting company you
> have. I wish you much success!!
> I am with 982 PRESS (www.982press.inchq.com), an article syndication
> service that has been around since October 2001. We sell news and general
> articles to newspaper and digital publications from freelance writers.
> Every week, we receive well over 1,500 plus new and revisited writers and
> publishers to our site (in which I feel you will benefit if interested in
> getting hits to your site).
>
> If you are interested in publishing any articles to our site, please
> contact me as as soon as possible and I will contact the editor so that she
> may review your site before approval. I suggest visiting the site before
> sending a reply e-mail to me.
> Let me know either way what you would like to do. I'm sure there is a way
> we can help you.
>
> Looking forward to hearing back from you.
>
>
> Thank you and best regards,
> Karen Flemister
> Zine Researcher

[Johnny]

It's really a shame that people prey on our dreams, and take advantage.
982 will accept some of the articles at first because then they don't have to refund any membership money.
They don't put up all articles because there's one, maybe two people doing it, and they're just lazy.
They'd rather put up the new fish's stuff, and put us on the back burner, or into the cabinet.

[LA Writer]

Cf. reply by 982 Press at Suite101.com

Furthermore, one look at their "contract" with its myriad of misspellings and ode to bad grammar will remove any doubt that this is NOT a professional company, syndicate or not.

However, the contract is worth a good laugh.

[tayyba]

Oh yeah, sorry - I meant Paypal and not iBill. But the recurrence "problem" is the same. That is, when you pay them through Paypal, the payment is set up to recur automatically. I just wanted to make sure people knew that so that they can log into Paypal and change the recurrence option. I had to do that.

[cluelessspicycinnamon]

Yeah, okay, this doesn't look reliable.

[alinasandor]

Hey everyone,

I don't know how they got it, but 982 Press got ahold of my story Working It Out and sold it for $30 to Tots to Teens Magazine.
>: How did I find out?
Well, every now and then I type my name into a search engine to see what comes up and I found this site: 982press.4t.com/august2004.htm (http://982press.4t.com/august2004.htm)
Boy, was I shocked, especially since I've never had anything to do with 982 Press. I did send an article submission to Tots to Teens Magazine, but had never heard from them. :evil
I've sent both of the parties emails demanding payment or removal of my article or I will take legal action.
Let's see what happens.
Oh, and if you know any of the other authors who are listed on this web page of 982 Press' then please ask them if it was legit. They may have been taken, too.
_________________
Alina Sandor, Freelance Writer
alinasandor.tripod.com (http://alinasandor.tripod.com)
Get Critiqued!
www.alinasandor.tripod.com/critique/ (http://www.alinasandor.tripod.com/critique/)
Check out my bio and latest fiction stories at: www.keepitcoming.net/alina-sandor.html>: (http://www.keepitcoming.net/alina-sandor.html>: )

[alinasandor]

Here is what the web site says, just in case they deleat this page:


137 Heberton Avenue, SI, NY 10302

www.982press.4t.com | information@982press.4t.com



Invoice


Date: 7/8/2004



For: Tots To Teens / Karen Scott

www.totstoteens.co.nz





Articles Ordered
Author
Price
Discount
Total






What You Say & What Your Children Hear
Caron Goode, Ed.D.
30.00
0
30.00

Working It Out
Alina Sandor
30.00
0
30.00

How to Be A Great Baseball, Basketball or Soccer Parent
Jean C. Joachim
35.00
30.00
30.00

Talking Past Each Other
Dianne Krissansen
30.00
0
30.00

Little White Lies
Dianne Krissansen
35.00
30.00
30.00

Overcoming Shyness With Creativity
Dianne Krissansen
30.00
0
30.00

Special Kids Need Special Dads
Steve Theunissen
40.00
30.00
30.00





Total: 210.00

Add Past Due Amount: 55.00

Total Due: 265.00



Balance Due Date: 8/2/04

Balance Late Fee Charge: Add $20.00 if paying after due date.

Payment must not be more than 10 days late.

[DaveKuzminski]

Payment from who to who?

[alinasandor]

Tots to Teens paid 982 for my article. I got nothing. Since I'm the author, I think that one or the other should pay me. Don't you?

[DaveKuzminski]

I agree that you're entitled to payment, but you first need to track down just who 982 is. They might own a company that you did deal with.

[alinasandor]

I sent a submission to the magazine and I never heard back from them. I didn't give anyone permission to publish my story. Just sending a magazine an article to review isn't giving them the okay to publish it without any further comment.

[HapiSofi]

Alina, it took me maybe three minutes of Googling time to discover that 982 is in bad odor with writers everywhere. Long-term Bewares Board denizens will find their approach and tone oddly familiar. This is quoted from a Writers Weekly Warning Report (http://www.writersweekly.com/whispers_and_warnings/982press.html) about 982. It's a letter freelance writer Ron Callari got when he asked them to take his articles off their site:Please do not send us any threatening letters. Nothing will get accomplished if you cannot conduct yourself in a professional manner. We are more than happy to remove any articles as you wish, but if you are sending us insulting and threatening letters, this will be a problem.Also:We want you to remember that you signed an agreement with us (please refer to it). When we decide to pull your article(s) off, we will do so at our convenience.(Wilhelm ... iss dot you?)

So 982 Press is bad, bad news.

If this magazine that bought your story is legit, but they didn't do a proper contract when they acquired it from 982, they're now in a dicey position. They've published a copyrighted piece without first securing rights. In conventional publishing, you would now have them by the short and curlies when it comes to negotiating rates for your article. They're not in a position to say no and back out of the deal, because the article has already gone into print.

You're about to find out how legit they are. When confronted, they should whip out their contract with 982 Press and point to its indemnity clause. This clause should say that 982 Press promises that they have the right to sell this article to this magazine, and that if it turns out they don't, the s--t will fall upon the heads of 982 Press, not the magazine.

This is a basic contractual transaction. Indemnity clauses are part of the basaltic substrate of the publishing universe. You couldn't ask for a better demonstration of the reasons they exist than this situation you're in with 982 Press.

If the magazine staff doesn't whip out a contract and point to the indemnity clause, there's something wrong about them, too. At that point, you may or may not have hopes of collecting your $30, but you'll be on to a story.

[alinasandor]

You're right.
I don't care as much about the $30 as I do about getting 982 by their you-know-whats and yanking. I've also heard all these stories that you have talked about. They screw a lot of writers and, as of yet, haven't paid for it.
I'd like to change that.

[DaveKuzminski]

And here's a slight problem you might want to consider. They probably already know that it would cost you more than you would gain from them if you take them to court. If you want more than what they owe, which could be considered reasonable as punishment, guess what? You'll have to register the copyright first. Right there, you're paying $30 which means you'd be sueing just to break even, assuming that they also have to pay for your lawyer. Lose and you pay that and don't get paid, though I think you'd win in most instances.

I stated it would cost you more than you win because you have to take in time lost and other expenses.

Whatever you do, make sure you get all the facts and supporting documentation possible.

Then, if you do have all of that, you might want to consider contacting your local prosecutor to see if you can bring them up on criminal charges. 982 might prefer to see that you get paid rather than see any of their principals thrown in jail and pay fines along with paying you.

[HapiSofi]

Alina, sad to say, it's Tots to Teens that you've got by the short hairs. What 982 Press is guilty of is selling something that didn't belong to them while acting under false pretenses -- reiff spuilzie and intromission, or whatever it is in the modern legal code. The theft is petty, only $30. The fraud might make a more serious charge.

[reph]

I think I recall seeing a long thread about 982 Press on this forum a while ago. Check the earlier pages.

[James D Macdonald]

Lots of stuff (http://www.freelancewriting.com/yabbprivate/yabb/YaBB.cgi?board=freelancing&action=display&num=1061275722) about 982 (http://www.writersweekly.com/whispers_and_warnings/982press.html) Press (http://p197.ezboard.com/fabsolutewritefrm11.showMessageRange?start=41&stop=47&topicID=132.topic) if you look around.

[alinasandor]

I'm not sure why I would have to prove my copyright, they aren't disputing that I wrote it, they just sold it without permission.

I have contacted Angela Hoy to help me round up other writers she has helped with 982 Press so that I can start up a lawsuit (is that called a class action lawsuit when there are many people all suing one company?) so that I can put these guys out of business.
I think if we join forces we can make a lawsuit worth while.
If you have been wronged by 982 Press, contact me at alinasandor@msn.com .

[alinasandor]

(I've posted this elsewhere, but I'll post it here just in case.);)

I don't know how they got it, but 982 Press got ahold of my story Working It Out and sold it for $30 to Tots to Teens Magazine.
How did I find out?
Well, every now and then I type my name into a search engine to see what comes up and I found this site: 982press.4t.com/august2004.htm (http://982press.4t.com/august2004.htm)
Boy, was I shocked, especially since I've never had anything to do with 982 Press. I did send an article submission to Tots to Teens Magazine, but had never heard from them.
I've sent both of the parties emails demanding payment or removal of my article or I will take legal action.
Let's see what happens.
I have also contacted Angela Hoy about helping me round up authors who have been wronged by this company so that we can start a lawsuit. Contact me at alinasandor@msn.com.

[alinasandor]

I just received this email from the infamous "Yvette" :


Hi Alina,

We sent Tots to Teens and invoice, but I will have to
check to see if they ever used it. If not, there would
be no payment owed to you.

I will contact the editor this morning to see if she
used it and get back to you as soon as I hear back
from her.

If she did publish it, we will send you payment.

As for your article, "Working it Out", you sent it to
us, it was the only way we received it. We don't copy
articles offline from anywhere. You must have sent it
over the Summer.

Thanks,
Yvette
Manager

=====
982 PRESS
Web: www.982press.4t.com (http://www.982press.4t.com)
General Questions: info982press@yahoo.com

[alinasandor]

This was my reply:
No, I never sent you any of my articles. I never gave you permission to sell any of my articles. I know that you run a scam. Be informed that I have contacted my lawyer.

Alina Sandor, Freelance Writer
alinasandor.tripod.com (http://alinasandor.tripod.com)

[alinasandor]

This is what she came back with:

Hi,

Sorry, we are not running a scam. You can contact
your lawyer or whoever else. How else did we get your
article if you never sent it to us? I don't even know
your website.

Anyway, we have no problem paying you, as I have said
before, but you have to give it some time for us to
try and reach the editor to see if she used the
article.




Yvette

[DaveKuzminski]

You don't have to prove your copyright. That's not at issue. What matters is whether you go into court with the right to seek damages or merely payment. If you seek damages, then you need to have your copyright registered. Otherwise, you don't.

Whatever you do, before you take them to court, make certain that you consult an attorney who is competent in intellectual property law. An ordinary attorney is not sufficient in this area. If they were, there wouldn't be so many of them caught and published by PA.

[HapiSofi]

Alina, you may want to find out what contact information they do have for you.

[katdad]

In general, for copyright infringement, you're normally entitled to triple damages plus expenses.

[alinasandor]

982 Press has admitted that they did sell my article without my permission now, though they say it was a mistake on Tots to Teens part.
I'm not sure I have a case if they are fessing up.

[DaveKuzminski]

If it's an email, make a copy on your hard drive and keep one in your email even if you have to send it to someone and ask them to send it right back just to keep your email program from deleting it when it gets old. (My email program typically deletes emails that become 30 days old, so I email special emails to myself at another account just so the headers will remain readable.)

If it's a real letter on paper, make a copy. Do not give anyone other than your lawyer or a prosecutor the original.

[James D Macdonald]

Tots to Teens bought a story from someone who didn't have the right to sell it?

What's their indemnity clause look like?

Right now, since the story's been printed, you could say to Tots to Teens, "Gee, I'm glad you bought my story. The price is $5 per word," and they'd be over a barrel.

[James D Macdonald]

I'm not sure I have a case if they are fessing up.

Talk to a lawyer about this. "Fessing up" doesn't sound to me like a get-out-of-jail-free card.

[HapiSofi]

982 Press has admitted that they did sell my article without my permission now, though they say it was a mistake on Tots to Teens' part.Excuse me? Dear heart, I wish you had an agent. Can't you see that that excuse makes no sense at all? 982 Press offered your story for sale to Tots to Teens. How can it be the magazine's fault that they bought it from them?

[FM St George]

exactly - how the heck did they expect the magazine to not know the story wasn't 982's to sell in the first place?

get the buggers for every dime you can, I say - make it clear to the magazine that you're not holding THEM responsible, you're after 982 and every dime you can squeeze from their coffers...

[alinasandor]

I've told Tots to Teens that I don't think it is their fault. In my eyes 982 is at fault. They say that they are mailing me the thirty dollars that they sold the article for, but how does that make things even Steven? My rights to my article has been sold and I may have been able to get much more than $30 for it!
Get this, though, they are threatening to sue me!

Email they sent me:
Dear Alina,

Today, someone contacted us anonymously and made
reference to your post on several forums:
p197.ezboard.com/fabsolut...=1&stop=20 (http://p197.ezboard.com/fabsolutewritefrm11.showMessageRange?topicID=598.t opic&start=1&stop=20)

and
www.writersweekly.com/php...php?t=3445 (http://www.writersweekly.com/phpBB2/viewtopic.php?t=3445)
.

I am quite surprised, that even after I did the
research trying to help you and trying to find out if
you sent your article to us or to Tots, that you would
go the lengths that you did - even after I told you we
have no problems paying you. We never claimed once
that we owned any rights to your article and did make
a note mentioning that there was a miscommunication
between Tots magazine and 982. No one was trying to
"steal" your article as you've boldly and wrongly
accused us online; it was simply a mistake on both of
982 and Tots magazine. We tried to contact you back
in August but couldn't find your contact information
(and that was because your article was never sent to
982 Press as we first initially thought. So obviously,
we wouldn't have your contact info if you never sent
it right? So. we had to wait for you to contact
either Tots or 982 for payment. Clearly, if we
"truly" had something to hide or was trying to "steal"
your article, we wouldn't have put the invoice online
in the first place. and are fully aware information is
easily assessable online.

This was truly not a case of "foul play" but merely a
case of an honest screw-up that we admit to and was
willing to make payment.

The sad truth is that people get so caught up in
rumors and "hearsay" that they don't come to the
actual source to ask questions - they just assume what
they hear is true and say and do things that can be
harmful towards an individual or company.

Realistically speaking, I am not legally responsible
for paying you since you never sent the article to us
in the first place -Tots is responsible - they
published your article not us. However, I will still
go ahead and keep my promise of sending you $30 on
behalf of Tots magazine, which will be sent out to you
on Dec 15th as already, stated to you.

As for your comments on these forums, we have printed
copies of everything you said as evidence in court and
are hoping for a retraction by you before we pursue
this matter fully with an attorney to file a libel
suit charge.


Thanks!


Can you believe that? I haven't said anything here that isn't 100% true. Oh, and notice that there is no name on this email and I noticed that the email address was different. Also 982's site is down. Hmm...

BTW I feel like you guys are my friends, and I thank you for the help you have shown me so far.

[DaveKuzminski]

Stand your ground. They're trying to reverse the guilt and make it your fault by sending you money and claiming you've libeled them. Regardless of whether it's physical or intellectual property, it's still against the law to receive stolen property. If they do initiate a lawsuit, get a lawyer and take them on. They should have made certain to begin with that the seller actually had the right to sell what they bought.

At this point, you might not want to accept their money, either. Inspect any check they send and any accompanying documentation to see what obligations are placed upon you should you accept their check by cashing it. There could even be limitations placed upon you forbidding you from going after the true thief, so inspect everything carefully.

If you're in doubt about anything, check with a qualified lawyer, preferably one who knows intellectual property law.

[aka eraser]

Hmm...if it reads like a weasel, reasons like a weasel and threatens like a weasel...I wonder what it is?

[James D Macdonald]

<blockquote><strong><em>Quote:</em></strong><hr>Realistically speaking, I am not legally responsible for paying you since you never sent the article to us in the first place -Tots is responsible - they published your article not us.<hr></blockquote>

Realistically speaking, they sold something that didn't belong to them, and that they admit didn't belong to them. What they did is illegal, folks.

No way those guys are going to sue you.

Dave's right -- talk to a lawyer who knows intellectual property law. If you can't afford a lawyer, check with <a href="http://www.google.com/search?q=volunteer+lawyers+for+the+arts&sourceid=opera&num=0&ie=utf-8&oe=utf-8" target="_new">these guys</a>.

[HapiSofi]

I've told Tots to Teens that I don't think it is their fault. In my eyes 982 is at fault. They say that they are mailing me the thirty dollars that they sold the article for, but how does that make things even Steven? My rights to my article has been sold and I may have been able to get much more than $30 for it!Quite right. Don't accept money from them. Don't acknowledge any payment, or indicate that any matters have been settled. Thirty dollars is nothing. Thirty dollars is also not the issue.

At no point should you let the people at 982 pretend that they thought they were doing business with you. They knew that they didn't own your article, but they never tried to get in touch with you before you discovered that they'd illegally sold it to a magazine. We must assume that if you hadn't contacted them, you'd never have seen a penny off that sale.

What you've got here is the equivalent of a professional shoplifter -- one who's been caught red-handed with a booster box, and a coat full of well-tailored false pockets -- trying to avoid arrest by offering to pay for the merchandise.

You need to find out about the contract under which the article was sold to the magazine. The contract was invalid to start with, but you need to make that clear to them. In the process, you should find out whether the magazine thinks it holds additional rights. 982 has no particular incentive to negotiate favorable deals on your behalf. Check it out. Establish lines of communication with the magazine.

The people at 982 aren't just hapless ignoramuses. They're crooks and they know it. I sincerely doubt that you're the first person whom they've defrauded. That letter you got from them is well-practiced prevarication from one end to the other. To my ear, it reads like it was written to be entered into evidence. Some specifics:Dear Alina,

Today, someone contacted us anonymously "Anonymously" is there to imply that there was something illicit, offensive, or otherwise objectionable about your online posts, which of course there was not.and made reference to your post on several forums: p197.ezboard.com/fabsolut...=1&stop=20

and
www.writersweekly.com/php...php?t=3445.

I am quite surprised, that even after I did the research trying to help you and trying to find out if you sent your article to us or to Tots,The profession of surprise is there to make her sound like she had no idea that what she was doing was wrong. "I did the research" is particularly disingenuous, since it was your own research that turned up the sale in the first place....that you would go the lengths that you didThe implication being that you've gone to unreasonable lengths to get redress. You haven't. You complained and asked for advice about 982 in two suitable online venues. In my opinion, you haven't yet gone to reasonable lengths to get this redressed.- even after I told you we have no problems paying you.See how she's trying to pretend that 982 was legitimately doing business with you, and recast it as a matter of you just trying to get paid?We never claimed once that we owned any rights to your articleFalse. They sold it to the magazine. You can't sell what you don't claim to own. They may have represented themselves to the magazine as the agent rather than the author, but that doesn't affect the fact that they sold your property without your knowledge or consent.and did make a note mentioning that there was a miscommunication between Tots magazine and 982.982 offered them the article. Tots accepted it, and paid 982 for it. That isn't miscommunication. That's fraud. And by the way, Tots also has a case against 982.No one was trying to "steal" your articleTo quote Yoda, "There is no try. Only do."as you've boldly and wrongly accused us online;Ah, there's the rub; they don't like being outed as thieves.it was simply a mistake on both of 982 and Tots magazine.No. It was nothing of the sort. If 982 wasn't representing you and had never even spoken to you, selling your article to a magazine was not a mistake. It was fraud and theft. They had no business even sending your article to a magazine; and if the magazine then bought it, you may be sure it was on the understanding that 982 had the right to sell it.We tried to contact you back in August but couldn't find your contact information (and that was because your article was never sent to 982 Press as we first initially thought.If true, which I beg leave to doubt, it still doesn't get them off the hook. If you don't have an agenting agreement with an author, you don't sell their work, period no discussion the end.So obviously, we wouldn't have your contact info if you never sent it right? So. we had to wait for you to contact either Tots or 982 for payment.Again, they're pretending that this is a normal business transaction, and that you're just trying to get paid. Nice try. Also, unless 982 and Tots are the same business, their standard procedure cannot be that you can bill either one of them.Clearly, if we "truly" had something to hide or was trying to "steal" your article, we wouldn't have put the invoice online in the first place.I daresay they won't make that mistake again; but it doesn't prove they weren't ripping you off.and are fully aware information is easily assessable online.

This was truly not a case of "foul play" but merely a case of an honest screw-up that we admit to and was willing to make payment.No way. And I'll bet three dozen dead-fresh Krispy Kremes that you aren't the first writer they've done it to.

Do you notice that her grammar and spelling are disintegrating under stress? This person is not no legitimate literary agent, I'm tellin' ya.The sad truth is that people get so caught up in rumors and "hearsay" that they don't come to the actual source to ask questions - they just assume what they hear is true and say and do things that can be harmful towards an individual or company."I have been outed as a scammer and a thief, and I'm upset about it. I've been accustomed to think better of myself. Also, having this thrashed out in public is hard on my business."Realistically speaking, Wishfully thinking,I am not legally responsible for paying you since you never sent the article to us in the first place -Nope. She's legally responsible because (1.) you didn't send 982 the article; and because (2.) she sold the article to Tots and received payment for it.Tots is responsible - they published your article not us.Their customer is at fault for buying what they were selling? Puh-leeze.However, I will still go ahead and keep my promise of sending you $30 on behalf of Tots magazine, which will be sent out to you on Dec 15th as already, stated to you.Nice try. Ask your lawyer whether you should send the check back via registered mail, or keep it as evidence.As for your comments on these forums, we have printed copies of everything you said as evidence in court and are hoping for a retraction by you before we pursue this matter fully with an attorney to file a libel suit charge.A risibly empty threat.

Phone the magazine. See what you can find out.

[FM St George]

stand your ground - take the advice here and run them as far as you can into the courts on this one.

if you don't want to do it for yourself - do it for all the OTHER authors who they've ripped off... the ones who don't know it and the ones who took the payoff and walked away, not knowing any better.

do NOT let them get away with this!!!

and keep us posted...

:D

[alinasandor]

Right about it all and still so funny. :D
You brightened my day, Hapi.

[alinasandor]

Okay, I'm deciding on a lawyer and once that's done, I am going to take 982 to the mat and wipe the floor with them.
I'll let you guys know how it's going as soon as I find out something.;)

[DaveKuzminski]

I believe Charles E. Petit is a knowledgeable attorney with considerable intellectual property rights knowledge. He represented Harlan Ellison, if I'm not mistaken. You might want to consult with him. He has a web site at www.authorslawyer.com/index.shtml (http://www.authorslawyer.com/index.shtml)

[AprilBoo]

I have a dumb question, and feel free to thrash me if I skimmed over it in reading all of these posts - how did 982 get your article in the first place? You said you sent it to the magazine, 982 said you sent it to the magainze, why is 982 part of this equation at all? Why did they even have it to sell to Tots?

[alinasandor]

April,
I have no earthly idea! I didn't have it posted on my site. 982 says that Tots to Teens must have paid them for it, thinking that 982 sent it to them in the first place. I'm not totally sure about that, though.

[DaveKuzminski]

Oh, one more bit of advice. Do not tell any of them that you don't hold them culpable. That's for a judge and jury to decide if they're unwilling to settle with your lawyer.

[veingloree]

I think the most plausible scenario is that 'Tots to Teens' accepted the article and misremebered where they got it from. They paid the other company who accepted the money without checking it was due to them. Thus, fault on each side. 982 is a scam but not a stolen work sort of scam, generally, and there is no plausible way for them to have a acquired the paper if the only copies are with you and T to T?

[HapiSofi]

Veingloree, considering how difficult it can be to get small magazines to pay legit invoices submitted by people with whom they regularly do business, I have real trouble imagining that Tots casually sends out checks to people it thinks it might owe money to. I'm not saying it's impossible; just that it doesn't strike me as the likeliest possible scenario.

What I'm increasingly curious about is the relationship between 982 and Tots. The line about how "we had to wait for you to contact either Tots or 982 for payment" is way too cozy. Throughout the letter, the author of it talks like she's got Tots in her back pocket. You can say "simply a mistake" about your own company, but it takes a fair amount of knowledge to say it about another company. Also, notice that she never says things like "depending on what Tots decides to do about this," or "I've been in contact with a couple of people at Tots," or any of the other possible sentences that would indicate that Tots is a separate business operating at a distance from 982.

Alina, have you been in contact with Tots yet? What can you tell us about the magazine?

[HapiSofi]

Whoops, now I remember what the problem is. Veingloree, the first two pieces of email from 982 that Alina quoted here both acknowledged that they'd sent the article to Tots. Here they are:Hi Alina,

We sent Tots to Teens and invoice, but I will have to check to see if they ever used it. If not, there would be no payment owed to you.

I will contact the editor this morning to see if she used it and get back to you as soon as I hear back from her.

If she did publish it, we will send you payment.

As for your article, "Working it Out", you sent it to us, it was the only way we received it. We don't copy articles offline from anywhere. You must have sent it over the Summer.

Thanks,
Yvette
Manager
Alina replied: "No, I never sent you any of my articles. I never gave you permission to sell any of my articles. I know that you run a scam. Be informed that I have contacted my lawyer."

982 came back with:Hi,

Sorry, we are not running a scam. You can contact your lawyer or whoever else. How else did we get your article if you never sent it to us? I don't even know your website.

Anyway, we have no problem paying you, as I have said before, but you have to give it some time for us to try and reach the editor to see if she used the article.

YvetteIt's all very strange.

If you want blue-sky theories, I can think of a known publishing scam that would fit the facts. I'm not sure anyone else has ever documented this one. I think of it as a scam for ratty old agents who are kindasorta publishing insiders, albeit less so than they used to be, but who don't really have a reputation to lose or a business to risk.

How it works: Say you're a ratty old agent, but your name is known to the trade. You get in touch with an editor who's just published an issue of a magazine, or a book that's an anthology of short stories or essays, and tell them that, unbeknownst to them, one of the authors they've just published is a client of yours. You explain, slightly irritably, that they should have made the deal through you, rather than dealing directly with the author. Then you forgive them for not having known about it, and tell them to just make sure to send the on-publication payment to your agency, instead of sending it straight to the author. When the check arrives, you keep the whole thing.

This works best when you've been around a long time, and are making the demand in the name of an author who's either deceased and doesn't have a well-managed estate, or is so old and impaired that he isn't going to notice anyway. However, pulling it on an editor in New Zealand might work too.

[alinasandor]

Tots seems to be legit and seperate from 982. 982 has done some advertising for them, though. Could be wrong...

[HapiSofi]

You really do need to talk to the people at that magazine.

[alinasandor]

I have, and from what they say and the research I've done they seem to legit.

[SimonSays]

If you submitted your article to Teens for Tots and never to 982 Press, it could be that Teens for Tots mistakenly paid 982 and they took the money.

If that's the case, then you really would have no issue with 982 Press - that would be between The mag and them. Your issue would be with the mag itself.

If someone mistakenly pays me for someone else's work. I am not beholden to the person who wasn't paid - that is still the payer's responsilbility. They could go after me for fraudently taking the payment, but in that case, I defrauded the mag, not the person who should have been paid. The person who bought the piece would still be the one to owe them the money, whether they
were reimbursed by me or not.

You really need to get clarification as to whether 982 Press actually submitted your work, or just accepted payment for it - which would put the mag at fault.

If you are going to take legal action you want to be sure you are acting against the proper party. Otherwise - you could be the one owing 982 Press for their legal expenses.

[tjosban]

I have to agree with Simon.

My first thought is that if this is just one big mistake, how come you, 982, and TfT have not all gotten together on a conference call or something and hashed out how exactly this happened and what to do about it once you find out who caused the mistake.

It would appear that 982 stole your work, but if TfT made the mistake then you will have to settle it out with them.

I am also really surprised that 982 wouldn't have records of the submissions they made to TfT, besides the invoice. I would assume a business would keep track of things like that so they could correct any errors themselves. That's just sound business practices. If they did not submit, I would expect their records to indicate so, and then they could let TfT know what happened.

I really hope you get this all worked out.

[alinasandor]

982 Press says that it is the magazine's fault. THe magazine says it is 982's fault. Since I wasn't there I can't be for sure, but 982 was the one who sent an invoice to the magazine wanting payment for my article. I think that makes it pretty clear who's at fault.

[SimonSays]

Alinas -

The fact that 982 Press invoiced the mag proves they are at fault for defrauding the mag. But you said that you submitted the article to the mag on your own behalf and never submitted to 982.

Did you personally receive a rejection on your submission? Was the mag invoiced before or after the piece was published? Does Teens for Tots require invoicing prior to payment or do the automatically pay upon acceptance?

I do not want to say anything negative about 982 press because I know nothing about them, although there are several possibilities that come to mind of how they ended up invoicing and receiving payment for your piece. The bottom line is, that even if they are disreputable, it doesn't necessarily mean that they are at fault or that they are the one with an obligation to pay you.

[James D. Macdonald]

All statements on this board are untrue and inaccurate.

When 982press him/herself said that -- I wonder if it included his/her own statement?

All Cretans are liars....

[J. Y. Moore]

(All statements on this board are untrue and inaccurate.)

Wow, this would include their/his/her own statements, wouldn't it?

[Kasey Mackenzie]

*rolls her eyes* Oh, great way to insult the very people you are trying to snooker--that being us writers. Like we're going to take kindly to someone calling all of our statements untrue and inaccurate. And like we're going to give a great amount of credence to an obviously disreputable person in the first place.

Ah well, some people need to cling to their little illusions.

[DaveKuzminski]

Oh, the pain! How can I ever trust myself now? ;)

[CaoPaux]

Heh. According to the Wayback Machine, 982press began "reconstruction" on Dec 16th, 2004, and has not been seen since.

I dare suspect alinasandor was the nail in their coffin (and I hope she buried 'em deep).