Payment for a rerun?

I’ve had two articles recently published in a local magazine, but haven’t been paid for them yet, despite frequent promises from the publisher. He would have taken more of my work, but I haven’t submitted any more because of the non-payment. Now I see that he’s rerun one of my articles in his latest edition! If I ever get paid for the first two, is it normal practice to bill the publisher for the rerun? I’ve never come across this situation before!

Medievalist said:

You need to check your contract.

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No contract. In all the years I've been writing feature stories and articles, no contracts have ever been involved. I submit the story, it's accepted and they send me a cheque. I've never had an editor not pay me. I don't think any previous editors would have given me a contract for an article had I asked them. This is an interesting suggestion though that I will bear in mind for the future. Thanks, Medievalist! Of course, it's probably more trouble than it's worth to try and hold a publisher to a contract, just for a feature story. It's not like a novel.

Andrhia said:

The only time I didn't have a contract, that was the sleazy con man who didn't ever pay me. Always get it in writing; it's for their protection as much as yours.

In your particular situation, since it's unclear what rights they bought, it's unclear if they have reprint rights. I have no idea what the law would consider the default et of rights they bought.

You're spot on in not submitting if they haven't paid. Also consider taking 'em to small clams court?

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Thanks for your input, Andrhia. I had emails from them, confirming payment. This is only a local magazine, so they don't pay much. It's not worth taking them to small claims court. In fact, I don't even know if we have small claims court in the Bahamas. It's a new magazine, so I was giving them a chance. They did give me a nice two-page spread for each article and by-lines, which I can use for clips. I just wondered about what the status is when a publication reruns a piece.

Medievalist said:

I have always had at least a statement of rights being purchased, and duration.

They may think they've bought all the rights — that you wrote for hire.

Now, since they haven't paid you, they haven't purchased any rights.

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I have permission from them in an email to republish, but I wouldn't bother. If I wrote other features on the same topics/subjects I would rewrite them from a different angle to submit overseas.

gettingby said:

Most places I wrote for did not have a contract. If fact, I think it would have been a little strange to try and get one, but that's when things were going well. I don't see a problem mentioning you would to be clear about payment and rights moving forward. One magazine I wrote for reran a story I did in a book. I did not receive any additional payment for that, but I was more than happy to have them use the story again. A lot of publications will use your work in both print and online, but I wouldn't expect additional payment for that.

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That's the way I've always felt. And international publications usually have their rights and payment laid out for everyone to see in submission guidelines anyway. However, you've answered my question about reruns. Thanks!

Thanks everyone for your input and helpful suggestions! This is much appreciated.