Short Story contract question

[Dev]

Hi, I'm a relative newbie, so I may be putting this question in the wrong location. If so, mea culpa...

Anyway, about a year ago I sold a short story to an anthology, but when time to pay authors came around, the small publihsing house went out of business. The publisher sent an email asking authors to be patient and that they would get paid.

It's a very small amount ($25), but I never got paid. I tried emailing the publisher today for the first time, and he told me he had bigger things on his plate than my $25 and to not email him again.

Have I got any recourse in this situation? We did sign a contract.

Thanks for any help,
Dev

[Summonere]

Kiss that twenty-five bucks goodbye. If the contract did not stipulate “payment upon acceptance,” there's no reason to expect payment. And if the antho isn't paying because it tanked, never mind what the contract said, it's likely not paying because it has no money. Trying to squeeze a few bucks out of this dried-up lemon, contract or no, would be more hassle than it's worth. Even if the antho published your story and sold a few copies before imploding, trying to pluck twenty-five green leaves off a dead tree is still going to be more trouble than it's worth.

[Dev]

Thanks. I kinda figured.

--Dev

[StoneTable]

Would you mind saying who the publisher is/was?

It's sad that they went out of business, but that doesn't make what they did okay by any stretch of the imagination. I, and I'm sure many others, would like to know who it was so we can avoid doing business with them in the future.

[RainbowDragon]

Originally Posted by Dev

It's a very small amount ($25), but I never got paid. I tried emailing the publisher today for the first time, and he told me he had bigger things on his plate than my $25 and to not email him again.

Nice apology, huh?

Sorry you had such an experience. It happens, and in my opinion it's generally not worth the stress to try to collect it. If it were a higher sum, then maybe.

[Dev]

Thanks for the advice. Just to be clear on this, since I gave up FNASR for an unfulfilled promise, whenever I sell it as a reprint I'm still legally obligated to say "First published in One Step Beyond: Rocking Tales of the Fantastic," right?

Thanks,
Dev

[Summonere]

No. If they didn't publish it, it wasn't published. FNASR are still yours since the market (a) didn't publish the work, and, (b) didn't pay for those rights.

[Dev]

The book did go to print...and it's still available (POD).

[Summonere]

Well, that puts a new wheel on the wagon. Technically, the rights were not paid for, so the biz (Subatomic Books?) is likely in violation of the contract by selling work to which they have no legal right, which means that leaving the book available for sale is wrong.

But since the story is in print, that constitutes prior publication, which almost means FNASR are likely screwed, and probably the story, too. I say “almost” because I can't imagine an editor picking up a story with potential legal encumbrage, but who knows. IANAL.

Sorry to hear. By the way, have you contacted the other authors whose work is in the anthology? Have they received the same treatment? Is this the book?

[Dev]

That's the one...haven't contacted the other authors yet, though.

[eqb]

I had a similar problem a while back. I contacted the SFWA Griefcom (Grievances Committee), which handles author/publisher disputes. I also told the publisher what I had done. Payment followed pretty quickly after that. If you aren't a member of SFWA, find out if one of the other authors is.

[Jamesaritchie]

You need to get nasty, which might mean paying a lawyer to write them a stern letter. Bill them for the story, bill them for your time, and bill them for your expenses in trying to collect that twenty-five bucks. This almost always does teh trick.

But first, send the editor one more e-mail giving him thirty days to pay up, and explain exactly what will happen if he doesn't.

[Summonere]

Originally Posted by Jamesaritchie

You need to get nasty, which might mean paying a lawyer to write them a stern letter.

What's that going to cost, versus the original twenty-five bucks?

[eqb]

Originally Posted by Summonere

What's that going to cost, versus the original twenty-five bucks?

That's why I suggested the SFWA Griefcom. It's free for members. (And if Dev isn't a member, I bet Ken Scholes is, and he's one of the authors.)

[Jamesaritchie]

Originally Posted by Summonere

What's that going to cost, versus the original twenty-five bucks?

Bill them for the lawyer fee, as well, after, of course, you send that e-mail telling them just what you intend to do.

It's bad to let money slide, even if it costs you a little more to collect than to let it go. That's why writers get screwed so often.

[Dev]

Okay, I took the advice about getting tough...then I (and the other contributors) got a long-winded email from a third party about how the publisher doesn't owe anyone anything, and that he's waiting on a lung transplant, and they're all really sorry about this, they'll be happy to put us in contact with a vast network of publishers and agents they know, etc. etc., but there's nothing else they can do.

So now I feel like I'm an insensitive jerk. Even moreso because I remain skeptical. Go figure.

--Dev

[eqb]

I did some googling. The owner of Subatomic Books is Steve Libbey, who has a post on his website about the medical issues he's going through. According to this Facebook post, about another missing post, the medical costs ate all the funds for marketing, author payments, etc.

[Dev]

Roger that...this is me letting it go, and feeling pretty small about the whole thing.

--Dev

[Summonere]

Don't feel bad about what they didn't tell you.

[K. Andrew Smith]

Don't feel guilty. Your contract stipulated that the publisher would pay you X dollars for the right to publish your short story. The publisher then used that right without ever having paid you. Just because the publisher had medical problems does not mean that he doesn't owe you the money, nor does it mean that you should feel guilty for wanting what is contractually yours. The publisher should have had the money to pay the authors set aside from the beginning.

You may never get the money, but don't feel like you're insensitive. You're not.

Edited to add:

This whole situation you've described irritates me, because the publisher seems to be acting so unprofessionally. "I got sick" is not a valid reason to withhold payment, and then trying to make you feel guilty for wanting the contract fulfilled...it's just unprofessional.

[stormie]

As others have said, don't feel small about it. You're a writer. They published the book with your work in it. They took away your NAFSR without paying you what the contract said you should be paid. Medical issues or not--they should have honored the contract. Or not gotten the book printed at all, whereas you'd be free and clear to submit your story for NAFSR.

Business is business.

[Robert E. Keller]

Someone could have told you sooner. You e-mailed Mr. Libby and he told you to go away--but didn't explain why. It's a shame he didn't tell you why he couldn't pay, because I'm sure you would have dropped the issue right then. But then a "third party" took care of it and explained that Mr. Libby is facing a dire medical situation and he doesn't actually owe anyone anything, and in light of this new information, you're dropping the issue. So don't feel bad, because you did nothing wrong.

[astonwest]

Consider writing as a business...because that's what it is.

Assuming you have a day job, you wouldn't come into work for free just because your boss (or owner) was sick. A contract is a contract...

And if the company started selling your work after you'd worked for free, what would you do? Let them?

[Chris P]

I recently contacted someone who is putting together an compilation book, and I wanted to know what type of royalties are customary in such a case.

Is a one-time payment at acceptance (lesson learned from Dev) the standard?

[Chris P]

PS - I am also highly suspicious of the book not coming off. The editor seems (at best) inexperienced or (possibly) cooking up a scam by playing the "dumb card"