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DKM
06-05-2012, 09:40 PM
I'm not sure this is the right forum, but thought I'd give this a shot.

An on-line publication, ATA Tailgating, has published a number of my pieces. As of today, they still have not paid me. One of the articles I wrote goes back approx. a year. In their correspondences (I have email files), they've acknowledged the debt, but won't pay me.

I recognize there's little recourse, but would like to hear some thoughts from others who've experienced similar situations. Feel free to make recommendations.

Jess Haines
06-05-2012, 11:35 PM
Very sorry to hear about your experience. :( It does happen, unfortunately. There's a huge to-do about this in the Dorchester thread (http://absolutewrite.com/forums/showthread.php?t=75602), for example.

You should probably post this in the Bewares, Recs & Background Check (http://absolutewrite.com/forums/forumdisplay.php?f=22) section. See if a thread exists for ATA already, and see if anyone has any advice on how to get your due compensation.

Best of luck to you!

CaoPaux
06-05-2012, 11:48 PM
Moved from Paying Markets.

DKM
06-07-2012, 02:49 AM
A couple of quick pts on Serial Rights.

I posted a recent thread on ATA Tailgating not paying their writers. Yes, I'm aware other writers have been treated in similar fashion by this on-line publisher.

First pt: If the publisher doesn't pay you but they've printed it on-line or in paper form, it would seem that the writer can ignore this publication & try to sell it someplace else. If the writer hasn't been paid, then he/she hasn't given up control, right?

Second pt: This may enter a grey area, but I'm thinking of changing a couple of sentences, maybe the title, & then try to sell my pieces to another publisher. The heart of the article might stay the same, but it's definitely different from what it was. How do Serial Rights look at this?

-----------------
An update is needed. There was never a contract signed. There are no terms/conditions to go by.

All this area is new to me. Feel free to comment.

thothguard51
06-07-2012, 03:17 AM
A couple of quick pts on Serial Rights.

I posted a recent thread on ATA Tailgating not paying their writers. Yes, I'm aware other writers have been treated in similar fashion by this on-line publisher.

First pt: If the publisher doesn't pay you but they've printed it on-line or in paper form, it would seem that the writer can ignore this publication & try to sell it someplace else. If the writer hasn't been paid, then he/she hasn't given up control, right?

NO... most contracts have rights and payments as separate clauses in the contract. Breaking one does not negate the rest of the contract. Many publishers also bind the writer with clauses on how rights are reverted.

Second pt: This may enter a grey area, but I'm thinking of changing a couple of sentences, maybe the title, & then try to sell my pieces to another publisher. The heart of the article might stay the same, but it's definitely different from what it was. How do Serial Rights look at this?

Again, no. Changing the title and a few sentences does not make this a new work if it has already been printed elsewhere. Also, serial rights will be spelled out in any contract as future work, especially any based on the characters or world of the novel, unless the contract does not address the issue...

All this area is new to me. Feel free to comment.

If you already have a contract with a publisher and feel they are in breach of contract, you can request reversion of rights based on the specific terms of the contract, and can prove they have breached the contract terms. Save all correspondences, and always be professional about it. No threats.

I would also strongly suggest having a lawyer that specialises in literary contracts go over your contract with you to make sure what your rights are and what you must do to get your rights back, as per the contract.

Terie
06-07-2012, 11:01 AM
First pt: If the publisher doesn't pay you but they've printed it on-line or in paper form, it would seem that the writer can ignore this publication & try to sell it someplace else. If the writer hasn't been paid, then he/she hasn't given up control, right?

Second pt: This may enter a grey area, but I'm thinking of changing a couple of sentences, maybe the title, & then try to sell my pieces to another publisher. The heart of the article might stay the same, but it's definitely different from what it was. How do Serial Rights look at this?

Once a work has been published (that is, made available to readers in public), you can't sell first rights to it again. It doesn't matter whether you've been paid, whether there's a contract, anything. It's been published, and first rights have been used up.

You might well be able to sell reprint rights, but you'll probably need to get legal advice from someone who specialises in publishing contracts to find out whether you can in this particular situation.

What you should absolutely unequivocally NOT do is make some cosmetic changes and try to sell the first rights.

CaoPaux
11-04-2013, 02:47 AM
Just a note that I'm not finding any "ATA Tailgating" magazine. There's Tailgater Monthly (http://tailgatermonthly.com/), and the ATA (http://americantailgaterassociation.org/)'s site, though.