Question about a short story sale

clintl · Jul 3, 2008

I made a professional short story sale (to one of the best markets in its genre) about three years ago. The story still hasn't been published, although the contract said it would be published in two years. The magazine was backlogged at the time.

What's a good approach to finding out if the magazine is still planning to publish the story at some point? I suppose that I could take the rights back, but I would really prefer to have the story published there (it's by far the best market I've sold a story to).

Clair Dickson · Jul 3, 2008

Can you contact them by phone or email? Then just ask. Tell them who you are, when you got the contract, and ask what's up. Politely, of course.

It may take more than one attempt.

I've had a handful of shorts get lost along the way and when I emailed the editors they were all pretty cool about getting back to me about it.

If they tell you that it's going to take some period of time that is unacceptable to you, then you might consider withdrawing. If you don't get any response that's worth anything, you might contact them in writing to withdraw the story anyway.

nevada · Jul 3, 2008

I may be wrong about this, but if you've sold it. That is, they gave you money, then as far as I know, they can do whatever they want with it. It's theirs now. So they'll publish it when they feel like it, or not. And you can't just write them and say, hey, you didn't publish it in what I consider a timely fashion, I want my story back. Unless that was stipulated in the contract if there even was one.

What you can do is resubmit it to magazines that will take second rights, saying that you sold it, but that the magazine never published it. But a note to the first mag first, to find out their timeline would be a good idea.

astonwest · Jul 3, 2008

nevada said:
I may be wrong about this, but if you've sold it. That is, they gave you money, then as far as I know, they can do whatever they want with it. It's theirs now.

Only if the contract doesn't state that rights revert to the author after the two years are up.

Clint, check your contract. It should state what happens if the magazine doesn't publish the piece in the required time. If you do want to keep it there, they may need to assign you a new contract...again, depending on wording.

Hopefully the contract wasn't of the "payment paid upon publication" variety, based on your situation...

clintl · Jul 3, 2008

astonwest said:
Hopefully the contract wasn't of the "payment paid upon publication" variety, based on your situation...

It wasn't - the check was long, long ago cashed and spent.

Troo · Jul 4, 2008

If it was an SF/F/H market, PM me the publication and I'll see if it's someone I know.

clintl · Jul 4, 2008

astonwest said:
Only if the contract doesn't state that rights revert to the author after the two years are up.

Clint, check your contract. It should state what happens if the magazine doesn't publish the piece in the required time. If you do want to keep it there, they may need to assign you a new contract...again, depending on wording.

I dug out the contract. It says that the rights revert to me if the story is not published within 24 months.

Troo · Jul 4, 2008

Then you have money in the bank and a story you can re-sell

astonwest · Jul 4, 2008

Troo said:
Then you have money in the bank and a story you can re-sell

The best of both worlds...

clintl · Jul 5, 2008

Well, logically, yes. However, that particular sale is my best one so far, and since it has already been accepted, I really want the story to appear there.

astonwest · Jul 5, 2008

Then submit it to them again...

clintl · Jul 6, 2008

I've e-mailed the editor to ask about it.

MumblingSage · Jul 6, 2008

Good luck.

Phot's Moll · Jul 7, 2008

I sold a story to a magazine, they paid me but didn't use the story - because they stopped using fiction. I did write and e-mail to ask what would happen about my story, but heard nothing. That was a year ago. I sold First British Serial Rights - I'm wondering if I can offer these again?

astonwest · Jul 7, 2008

Depends on your contract...

Phot's Moll · Jul 8, 2008

There wasn't a contract - just a cheque. I only offered FBSR though, so that's what I've sold. Hmmm maybe that answers my question, I sold those rights, even if they weren't used, so to play safe, I should only offer SBSR - or try to sell it abroad.

Troo · Jul 9, 2008

Phot's Moll said:
I sold a story to a magazine, they paid me but didn't use the story - because they stopped using fiction. I did write and e-mail to ask what would happen about my story, but heard nothing. That was a year ago. I sold First British Serial Rights - I'm wondering if I can offer these again?

Try phoning them

Phot's Moll · Jul 9, 2008

Trouble is, there's no fiction department anymore.

astonwest · Jul 9, 2008

They might still have a legal department...or at the very least, the chief (?) editor...

clintl · Jul 9, 2008

Just an update. I've been in contact with the magazine, and everything's being resolved. The story is back on track to publication.

Phot's Moll · Jul 10, 2008

That's great news clintl.

astonwest · Jul 10, 2008

But did they pay you a second time?

clintl · Jul 10, 2008

No, and I didn't ask them to.

ideagirl · Jul 12, 2008

nevada said:
I may be wrong about this, but if you've sold it. That is, they gave you money, then as far as I know, they can do whatever they want with it. It's theirs now. So they'll publish it when they feel like it, or not. And you can't just write them and say, hey, you didn't publish it in what I consider a timely fashion, I want my story back. Unless that was stipulated in the contract if there even was one.

She sold it on certain terms, though. Without looking at the contract I obviously have no idea what the terms were or what arguments she could make, but she may have an argument that she sold it on the understanding that it was going to be published within X timeframe, so since they haven't done that, they've breached the contract and she gets her story back (without having to return the money).

I do think her first step should be to contact them, though, preferably in writing.

Troo · Jul 24, 2008

Sorry for the radio silence. My back decided it wasn't talking to me for a few weeks.

Great news, clintl!

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