Resolution of my No Pay vs. Prof. Credit Issue

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BethK

Hey,

A few weeks back I posted a question about a start up, small press who contacted me through my blog, asked me to submit something for their anthology, had given me a preliminary acceptance, but then I realized from an update to their web site's FAQ that it was very possible that they didn't intend to pay me (or any of the other writers who submitted to the series.) My question was if they didn't intend to pay me, did it still count as a professional credit that I could use while shopping my fiction to agents and editors.

I got some great responses which have unfortunately been lost. Someone asked me to let the list know what the final outcome was, so here goes:

I got the requested changes back from the editor. They were very minor and easily done. I made the changes and sent them back along with the requested biography blurb. I figured I'd wait until I had an actual acceptance before I began to ask questions about rights and payment. (Also, as I had stated in my original post, I normally write book length fiction, but this submission is an anecdotal piece for a how-to series; essentially an expanded entry from my weight loss/fitness blog. I had little time or soul invested in it.)

One of the things in my biography was the URL for my blog. To my surprise, the next day I had a couple of hits in my blog's referrer stats from the publisher's web site. I checked their site and there I was, listed as one of their authors. I sent an e-mail back to the editor asking if that listing meant they had accepted my revised submission and if so, would they be needing my snail-mail address to send me the Use Agreement. There was dead silence for the next two weeks.

Today I sent another e-mail to let them know that I was still looking for the agreement and heard back almost immediately from the CEO. He sent me the "Writer's Agreement" and the final item was this:

XXXXX Books shall NOT be entitled to exclusive ownership of any submitted material. However, XXXXX Books shall be entitled to the unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions.

That told me everything I needed to know about the money. I'm no expert on rights, but that also seems a little bit dodgy to me. I sent off an e-mail thanking them for their consideration but withdrawing my submission.

Who knows? Maybe they'll be the next ".... For Dummies", but I, for one, do have an issue with them: a) making money off my work without paying me, and b) as someone pointed out in reply to my original question, certainly expecting me to promote the book via my blog.

I'm new to the forum so I don't know what the protocol is for listing the publisher by name. They're not actually scammers, but someone may want to think twice before throwing in with them. Let me know if it's acceptable and I will.
 

Cathy C

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Quote:

XXXXX Books shall NOT be entitled to exclusive ownership of any submitted material. However, XXXXX Books shall be entitled to the unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions.

You're right to be nervous, BethK. "Unrestricted Use" isn't a typical contract term, nor one used in publishing. But from the wording, it sounds much like "All Rights". "...shall NOT be entitled to exclusive ownership" purports to give you copyright, but even then, they might be getting assigned a portion due to the wording. What I'm seeing from this is that the piece might not be published JUST in the anthology, but wherever they see fit--for whatever purpose--and you not seeing a dime from it.

I'd suggest you go here and read about some more about short story contracts before you sign it. There's some good advice that might serve you well here.

Good luck! :)
 

Talia

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that's a new one on me too!

but unless they have extensive distribution and your name is going in front of millions of readers it sounds like they're taking advantage. did you ask to vary the terms of the contract? i sometimes give articles that have been published elsewhere to anthologies for credit only, and non exclusive use

i've had a couple want to use them in other publications but i just crossed that out signed it and sent it back

to me the most concerning thing is that they solicited the work from you as it suggests they are just starting up and short of material. it's no reflection on the quality of your work, it simply suggests they are amateurs, and i would suggest they plan to hit the contributors up to buy their book once in print
 
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BethK

TaliaMana said:
<snip> did you ask to vary the terms of the contract? i sometimes give articles that have been published elsewhere to anthologies for credit only, and non exclusive use <snip>

to me the most concerning thing is that they solicited the work from you as it suggests they are just starting up and short of material. it's no reflection on the quality of your work, it simply suggests they are amateurs, and i would suggest they plan to hit the contributors up to buy their book once in print

I can see, thanks to Cathy C.'s link to the contract page, where I might make some sweeping changes to the agreement, but honestly, I'm really not moved to do so. At this point I'm pretty much committed to not continuing any sort of relationship with them.

While I haven't made it to the show (yet!) I've been on the circuit long enough to have a good idea of what to expect from a publisher. These folks have made me say "Huh?" from the first time I clicked through the initial e-mail to their web site. As you say, they are most certainly amateurs. They have an interesting business plan which I'm sure includes having the story submitters purchasing multiple copies for friends and families and having any bloggers they attract plugging the books via their blog. From their perspective it's a win. From mine, it's not. Who knows, maybe some day I'll want to write "The Complete Curmudgeons Guide to Fitness & Weight Loss" and I'd hate to have to leave a big chunk of the story out because this thing is floating around out there.

I got an e-mail back from the CEO saying he was really sorry that I was pulling my submission and asking how they could change the agreement to make it more appealing to "writer's like [me]." I feel a wave of frankness building...
 
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