How do I properly rescind my article?

Feathers

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UPDATE: I have good news! I originally created this thread after Byline Magazine accepted my article for publication, then folded before I could find out if they had used it or not. Apparently they did indeed publish my article. (Thanks Carol for looking it up for me!) This leaves me with another problem. ByLine still hasn't responded to any of my previous emails. Is it worth requesting payment? I can't even remember how much it was supposed to be.

As an added issue, I may have sent Byline an e-mail rescinding my article from future publications. I can't seem to find the e-mail, but I really thought that I sent it. How would that effect any e-mail I might want to send now, knowing my article was published?


-Feathers
 
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jeffo

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You don't happen to have a physical address for them, do you? The best thing would be to send them something like a certified letter indicating that you're withdrawing your article and claiming your rights on it, then send it away somewhere else.

I just saw another thread here mentioning issues getting paid from them in the past, too.
 

aka eraser

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This is a bit of a head-scratcher. If your query and subsequent contacts were via email, I'd send a note withdrawing your article. If they were snail-mailed, I'd do so that way -- perhaps even as Jeffo suggested, via a certified letter.

I think it extremely unlikely to near-impossible that if you first contacted them in May, your piece would appear in the June issue. The June issue (if it was produced at all) probably went to bed sometime in March.

Having made a reasonable attempt to notify the mag of your withdrawal, I think it's very likely safe to shop it elsewhere. Nor do I believe you need detail its history to prospective markets.

If you're still uncertain, or someone posits a credible rebuttal to my mulling, I'll send this thread to the good folks at our Bewares and Background Checks board for further opinions.
 

Feathers

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Yeah, I read that thread today, looking to see how others acted about the Byline issue. Byline does have a physical address, but I have no idea what such a letter should look like or what terms to use. (For example, claiming my rights. How would I say that?) And do you think this would take care of the I may/may not be published problem?

Thanks for your help :)

-Feathers
 

Feathers

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Woops. Sorry Eraser, you posted right as I posted.

All of our contact was via email, and I was just now wondering if it would be better to use email so I had some kind of documentation in case of later issues.

The reason I thought my work would appear in the June issue was because in her final email asking me for the bio, she used "bio for the May/June article" in her subject line, and suggested she needed the bio for whichever issue was currently going to press at that moment. Maybe I'm wrong? That would be wonderful. heh.

-Feathers
 

jeffo

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Is this a print magazine? If so, contact your local library and see if they can get you a June copy to check for your article. If it's online-only, I don't see a June issue--which means you should easily be able to claim all rights and just start sending it elsewhere.
 

aka eraser

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My recollection of Byline magazine was that it was in print -- but that goes back a few years. If today it's online only, or if they publish an online edition as well, with differing content, they could very well use your piece in the month they receive it.

If you can find a way to confirm it did not appear in their last issue, then an email simply stating you're withdrawing that article from consideration should be all you need do before re-shopping.

Good luck.
 

Feathers

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It's print only. I highly suspect my article never made it into the June issue because, in fact, there was no June issue - but I am not positive. I can't dig up anything on the web to say someone got a June issue. I'm just not positive.

I think at this point I should just sent the letter and assume it never got published. At the very worst, if I started submitting it and found out it had been published, I could stop submitting and notify any editors of the problem.

Thanks all for your help on this. Final question. Can anyone give me a proper example of such a letter? I'm worried about the claiming my rights part. What's the correct language for that?

-feathers
 

rhymegirl

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Unless I misunderstood some of what you said, I see no reason why you even have to contact someone in order to take back your manuscript.

If Byline has gone out of business, that's it. I'd just send the manuscript somewhere else.
 

aka eraser

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Rhyme's probably correct but it's good form to send the withdrawal letter anyway. You needn't get into language about rights. Simply say you're withdrawing your article titled, "XXXX" submitted for consideration on such-n-such a date, 2008.
 

samcollie

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I'd like to add that if they never officially told you they were accepting and publishing your article, then you never gave them any rights to it. As I see it, its still yours to do with as you see fit.
 

seaaircarol

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Feathers--I know I'm pretty late with this, but I have a copy of the May/June 2008 Byline.

If you want to give me your real name (either here or by PM), I'll look to see if your article is in there.

Carol
 

seaaircarol

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Uh-Oh

Based on what I read about you on your website, your article is definitely in that issue. I'll PM you.
 

Feathers

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Sorry to double-post, but I wanted to bump this and bring it back to attention now that my situation has changed. My article was published for certain - should I try to get payment?

Thanks guys!

-Feathers
 

MamaLou

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Sorry to double-post, but I wanted to bump this and bring it back to attention now that my situation has changed. My article was published for certain - should I try to get payment?

Thanks guys!

-Feathers

Um, if they went out of business, I don't know it looks too good for payment but you can invoice them. However, usually freelancers are the lowest people on the totem pole for payment, behind the secured creditors.
 

SouthernFriedJulie

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Feathers- Yes, you should try! Your work was used without permission or payment. You can try a collection company or the legal system.

Giving up is one of the reasons freelancers are /not/ taken seriously. Don't give up until you know you've exhausted every avenue.

Good luck and don't pay attention to those who just can't bring themselves to give anything other than negativity masked as 'advice'.
 

CatMuse33

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Did Byline really go out of business? I'd say definitely go after them for pay, either way! How much time and energy you invest should depend on the amount they owe -- you don't want to reach a point of diminishing returns. Do a search for 'pay' and you'll find some proven tactics freelancers use. (Sorry--one handed or I'd post links for you.)