Contact info for out-of-biz UNIQUE mag

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writeroffthelake

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I'm wondering if anyone can give me some hints on finding a magazine that, after only four issues, went out of biz in the early 1990's. They purchased all rights to one of my short stories (for a nice three figures), but folded before the story was published. I'd like to see about getting back the rights. The magazine was UNIQUE, and I no longer have any other info on them, such as their former address, editor or phone number.
 

Maryn

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If you'll share the full name of whoever you were in contact with, plus what state the magazine was in, I may be able to do something.

I found my friend's high school buddy--who'd had a name change--in under ten minutes last week. Other people, not so lucky. But you never know, eh?

Maryn, with magical powers (yeah, right)
 

writeroffthelake

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Thanks to all

I'd like to thank all of you who have posted replies to my question. My computer died and I haven't been able to respond before this. Unfortunately, I do not have anymore info as to the publisher, address, state, editor, etc; almost all of my work-related info has been lost due to multiple moves, car accident or illness. This may be a lost cause...or just an incentive to write something new.
 

gromhard

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So what happens to Writeroffthelake's rights? Does anyone know? Does he/she have to just give up on that Story or what?

One of my favorite authors is John Fante, his publisher went under and he never saw any money from his work for like 60 years until Charles Bukowski turned his own editor, John Martin on to Fante's old and out of print books. Luckily for Fante, John Martin re-published his novels and Mr. Fante got a little bit of publicity in his last year or so of life and his wife got some nice royalty checks. But still though it's a horror story to a new writer scared to lose all his work to some defunkt press.
 

Mike Coombes

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Do you have a contract, or any form of written agreement?

On the one hand, I can understand you wanting the rights back, but I have to say, on the other, why?

You sold it, for good money, so you know you're publishable. You wrote it over 10 years ago, and presumably you can write better than that now. Move on, write more, sell more.
 

gromhard

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Mike Coombes said:
Do you have a contract, or any form of written agreement?
Mike Coombes said:

On the one hand, I can understand you wanting the rights back, but I have to say, on the other, why?

You sold it, for good money, so you know you're publishable. You wrote it over 10 years ago, and presumably you can write better than that now. Move on, write more, sell more.


[insert art-fag stick] Imagine if J.D. Sallinger had lost the rights to Catcher in the Rye and someone said, "presumably you can write better than that now." That's a false presumption. Let's be honest, writer's don't all become better with age, they peak, at different points in lives for different writers and for different durations. However sometimes lightning strikes in a way you never could have planned for and can't hope to recreate.
I mean we're writers, which imo, is even more artistic than painting, sculpture, acting, dance any other area of creative expression. More than the money there is an audience to think about, there is giving the work breath.
I'll go so far as to say anyone who'd rather be paid cash and never get read over someone who'd be read by millions for free, is just a hack and they're murking up the waters of my artform.

I mean yeah, in the West we're bred(like peasants I might add) to think of worth in only terms of material acquirements. If someone, anyone, no matter how retarded or personally corrupt gives us money then we're in some way 'doing something right.' and that thought's evil twin, 'if we're not making money, then we're doing something wrong.'
If making money is your goal then do something else. Go to wall street, own and operate a McDonalds franchise, go to med school- do one of the billion other jobs that'll provide you with money.
If your goal is writing then write. Write from the soup kitchens if you have to, write from a park bench, write while holding down a real job during the day.
We'd all like an endowment for our writing, a grant so we could sit undisturbed and do what we do but let's be honest, you have a much better chance of eking out a living as a professional poker player than you do of getting a living wage to write.
It's my observation that most "writers" want neither really. They don't want to write and they don't just want money. They want something else. They want notoriety, they want to be a "Writer". They want to fill it out on their tax forms and pronounce it as their occupation when meeting a stranger "I'm a writer."
They want the life that writer's get in movies or in the books they read. They want to have a bookshelf full of hardcover editions with their names on the spine.
Very few, in my experience have ever fantasized about having written a masterpiece. About having pushed the literary craft further along, evolving our ideas and sentiments as a species.
Not the folks here, I'm sure. I'm sure money and fame never enter into their heads. For that matter mine either, I sit in a candle lit loft all night writing with ink and quill elated only to be creating...and if you believe that I can make you a great offer on the Brooklyn Bridge.
The truth is we think about all those things, craft, fame and money. But I just think that on too many people's priority lists craft comes in at third.
Money can buy nice things but it can't buy you another masterpiece.
 

writeroffthelake

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I sold all rights, so the story is theirs. Their pay was a nice three figures, and at the time I was selling regularly to three-figure markets, and had been for over a decade. I'm satisfied with the sale, with the money, so that isn't an issue.

Usually, if a magazine goes out of biz and hasn't been sold to another company and has no intention of starting up another mag, even if you've sold all rights, in most cases they will sell (or if you're really lucky, give), you back, your rights. You can always ask. If you have a story you strongly feel will sell to another market quickly and for the same or a higher price, it's probably worth offering to return their full payment when you ask.

At the time I sold the story, I didn't think the story could sell to another market, and certainly not for what they paid me. There was no internet then, so I had no webpage. The real reason I'd like to see about getting my rights back is because I'd like to post the short story on my webpage. I've got serious health problems and I'm not able to write in volume anymore. I can only submit to a few $20-and-under email markets per year since I can't afford print toner, paper, or postage. If I did get back my rights (and due to my financial circumstances I couldn't afford to buy them back) I may be able to have the short story published in some low paying mag after a not-worth-it marketing campaign.

It is not future earnings I care about. I like the story. It's one of my best. It showcases well the subject matter and style I enjoy writing in. I'd like to be able to feature it on my website. I seldom put nonpublished stories on my site unless I see no paying market for them; I don't want to lose the ability to sell first publication rights.

We all have our favorite stories, stories we know highlight our writing in the way we like, stories we're proud to have conceived. I'd just like to post the story to be able to say to those who surf to my site, "Hey, here's a short story you might enjoy reading.".

But, all in all, considering the money involved, the sale was still well worth it. At least financially.
 

Dollywagon

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I know I am probably hi-jacking this thread a bit, but what is the legal stance regarding rights if you have no contract?

My situation is that I was asked to write for a hard copy publication, and I did!
I've been doing it for 3 years and I receive payment for it - no problems.
But would I have rights over the articles if there is no contract?

It's not a big deal, just that I've sort of been churning it over at the back of my mind.
 

writeroffthelake

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Writing without a contract

They way I understand it (and I AM NOT a lawyer) is that if you write without a contract, that is the same as allowing them to publish the piece one time. It does not mean that they would have first rights, so even if they have not published the piece before you find another market for it, you could still allow the second market to publish it first...but unless you knew when the piece was coming out, you couldn't offer the second market first rights, either, so you'd just have to offer them one time rights, too.

I live in the UNITED STATES, so citizens of other countries may have other laws. Also, this is information I've seen in maybe 200 writing mags/writing books over the past 30 or so years, and copyright laws change.

PLEASE DO NOT use this as absolute advice without checking further.

I'm also not sure of the law when you are a US citizen publishing in a foreign country, but I believe you would fall under the laws of the country the magazine is published out of. I only published out of the US once (Canada), and even though I stated in my contract that I wanted the check written in US funds, they sent it in Canadian funds--with an apology and an increase because of the exchange rate. But since the rate changes daily, I still came out with about $3 less than agreed upon, and it was a hassle with my bank. Still worth it though; it was a mag I was happy to be published in.
 

writeroffthelake

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Does a writer improve with age?

The two oppossing views stated in two posts - does a writer's work get better, or do we peak at some point, then go downhill? - have intrigued me.

It's a great question and I'd love it if anyone else out there would voice an opinion, or give examples of writers who've improved and/or writer's who deterioated (like maybe F. Scott due to his alcoholism).

Then that brings up other related questions: What leads to writers' downward spirals? Can they be arrested or are they permanent? What about writers who've peaked, fallen, and climbed back up? What affects your writing, good or bad? How do you control the bad and encourage the good? Can you see/feel a spiral (or a peak) coming, or do others notice it first? How does being in tune or out of tune with other areas of our lives, our health, our surroundings, our friends and family affect our writing? When you're writing are you able to tell when you're writing is good or bad, or is it only after, in the final editing stage that you know? Does it vary for different works? Have you ever thought a piece of writing you did was great then come back later to revise and found it awful? Or the reverse? Is it easy for you to get "in flow" (for me it's very easy, thank God!) or do you have to loosen and pull every word out of your head like a baby with a tooth that just won't come out?

Gee, my brain's going to be buzzing with these questions for awhile, I think. Anybody have any answers?
 
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Dollywagon

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Thanks a lot for that, Writer.

I guess I should check into it further at some point. It never really crossed my mind at the time. I mean, somebody was asking me to write for them. Me, really!....WOW!!!

I don't know if writers get better with age.
Does our style improve over time?
I know that the first story I wrote which got accepted, is still good when I read it now.
I had to laugh when I read your comment about going back to something awful. I wrote something a couple of years ago and thought it brilliant. I went back to it a few months ago ... and it made me cringe.

Maybe it's all just a matter of perception. I mean, a lot of people don't like Stephen King's later works, but he still sells in the millions.
 

writeroffthelake

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Yes, I think we all have work we thought was great, and maybe at that time it was the best we could write, but later when we read it it just didn't work. That seems to be the general consensus, anyway.

Stephen King is wonderful at characterization, as was Dickens. I use to love horror fiction when I was younger, now I get so creeped out I can only read it in the daylight so I almost never read it, but I still tell writers asking me about creating better characters, to read Stephen King and Dickens.
 
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