Publishing w/o contract

Harlequin · Aug 2, 2018

If you publish a short story without a contract, via a very reputable magazine, and they are now refusing to pay, do you have any recourse to action? beyond pitching a rant on social media, anyway.

Asking for a friend (seriously, it is for a friend; if it was me I'd be happy enough to say so :tongue

).

shadowsminder · Aug 2, 2018

Sometimes, yes. Their statement on their website or in email about payment for publication rights will hold up as a contract in some small claims courts. Thay depends on the contract laws where the publisher does business.

Whether or not court action is worth the trouble is up to your friend.

This rings true. https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter9-2.html

I think spreading the word on sites like this one would be kind toward us writers whatever happens.

Chris P · Aug 2, 2018

Souns like a pickle! I'm sorry it's happening. Good legal counsel is the only thing I can recommend.

shadowsminder · Aug 2, 2018

Sometimes, yes. Their statement on their website or in email about payment for publication rights will hold up as a contract in some small claims courts. Thay depends on the contract laws where the publisher does business.

Whether or not court action is worth the trouble is up to your friend.

This rings true. https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter9-2.html

I think spreading the word on sites like this one would be kind toward us writers whatever happens.

pdichellis · Aug 3, 2018

From a practical perspective, you probably can't do much besides persist (and persist some more) in demanding payment and letting them know you'll call them out on social media and writer sites (including the Beware forum on AW). Also let them know you won't give up. Be sure anything you post about them is professional and factual to the situation, not exaggerated or name-calling types of smears.

You might find they will offer partial payment to close the matter. But pursuing civil (legal) action would most likely be more expensive and time-consuming than worthwhile. (Unless you're rich and just want to take them down.)

Good luck!

Harlequin · Aug 5, 2018

Hrm, looks like not a lot they can do, in that case.

Apparently the other writers haven't been paid, either, or at least some of them haven't. Could be an issue-wide thing.

MS KIKI · Aug 5, 2018

Harlequin said:
If you publish a short story without a contract, via a very reputable magazine, and they are now refusing to pay, do you have any recourse to action? beyond pitching a rant on social media, anyway.

Asking for a friend (seriously, it is for a friend; if it was me I'd be happy enough to say so ).

If you care to share, why are they refusing to pay?

Harlequin · Aug 5, 2018

I don't think they have outright refused him payment, more like they are making noises about payment coming "eventually."

The story was a last minute acquisition (like, a couple of weeks before the issue went to print) so delays are expected to a point, but the 'zine hit shelves in July so it's now been out a month.

The story has commissioned artwork and everything, and editor is still promoting issues and tweeting reviews. But no payment as yet to anyone (so far as we can tell), and very waspish responses when writer was trying to chase up the lack of contract. Apparently they never use contracts (this is bullshit, they definitely have in the past) and also insisting that no contract is simply the norm (also bullshit, neither he nor I nor anyone else I know has ever sold a short story sans contract...)

mrsmig · Aug 5, 2018

First off - was your friend promised a flat fee, or some goofball percentage? If it's the latter, that may be the reason for the delay.

If it's the former, and there are multiple authors involved who don't mind getting into the dirt a bit, getting Victoria Strauss at Writer Beware involved tends to get publishers' attention, particularly if it's a SF/F publication.

AW Admin · Aug 5, 2018

I'm a little uncomfortable about discussing a contract for a third party who isn't part of the conversation.

Harlequin you might suggest your friend contact Writer Beware to ask about this issue and perhaps some suggestions.

Publishing w/o contract

Harlequin

Eat books, not brains!

shadowsminder

writing in the shadows

Chris P

Likes metaphors mixed, not stirred

shadowsminder

writing in the shadows

pdichellis

Murder! You want fries with that?

Harlequin

Eat books, not brains!

MS KIKI

Harlequin

Eat books, not brains!

mrsmig

Write. Write. Writey Write Write.

AW Admin