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Topic: Need some quick legal advice...
| Author | Message |
| Babe Ruth | Posted – 6/13/2006 1:21:34 PM | show profile I wrote an article for a national (but new and small) mag about two years ago. The piece was accepted, I had a contract and after a year-and-a-half of excuses, I finally got paid. The article was for "the next issue" which took until this month to come out. During my discourse with the publisher/editor to try to see payment, I mentioned that I had at hand another piece he might be interested in. Send it over he said. Mainly I was just trying to smooth talk to get money for the original piece. That was a year ago, maybe a little less. That was the end of it. I got paid on the first article and decided to stay away. Now, after a year, I get contrib. copies and the piece I sent the publisher has been published-- without my byline, without my permission, without a contract, and in the letters forum of the mag the publisher mentions his "staff" wrote it. This is MY story. What legal ramifications do I have? I need to know for certain... |
| runner | Posted – 6/13/2006 2:14:41 PM | show profile If you're the author of the piece, then the publication needed your permission to publish it. How close to the original is the published piece? Will you be able to show that you did, in fact, write it and send it to him? I'm not sure how magazine publishing works, but can you send him an invoice for the piece, reminding him that he asked you to send it on x date and that a publication contract was never signed, but that you're willing to sign one now, for whatever you want to charge for the piece? |
| Babe Ruth | Posted – 6/13/2006 3:01:09 PM | show profile The article is... Mine. Word for word. Thanks for the advice. Sure, I COULD do a lot of things. Bashing his teeth in is probably one of them. But before I do anything (including, but not limited to, physical violence...lol) I am trying to gauge my legal rights. |
| Lotus665 | Posted – 6/13/2006 7:09:12 PM | show profile It's pretty safe to say you have an excellent infringement case on your hands. Talk to the NWU or ASJA or a lawyer. But first, contact the pub and put it right out there: "I see you published my article. You didn't tell me or ask me, you didn't pay me, you're in violation. I'd like you to resolve this by negotiating a fee with me now, and issuing a correction in the next issue saying the story should have had my byline." If they resist, tell them you'll take legal action. Considering how they treated you the first time, I'm suprised you offered them another piece. Only work with professional, reasonable publications! Good luck with this, because you totally have a case. |
| westsidestory | Posted – 6/13/2006 9:27:38 PM | show profile Let us know the publication. Others need to be warned, and perhaps you are not the only person who's had a problem with this. |
| Babe Ruth | Posted – 6/14/2006 12:39:34 AM | show profile Like I said... I mainly just was trying to be nice in order to get paid for the first piece. I had the story already written, so I said, here, if you want another piece, I have it done already. I totally never expected the mag to just publish the thing without telling me. To be honest, I would have never known if they didn't send me contrib copies. I'm not sure I WANT to even contact the publication before I take legal action. I might just go ahead and take legal action WITHOUT the phone call. Since this is the publisher/editor's big, happy re-launch, I'd personally love to have a lawyer file an injunction barring the magazine for even being distributed until the case is settled. Thing is, I am in NYC and the mag is based in San Fran. |
| westsidestory | Posted – 6/14/2006 9:59:43 AM | show profile Aha. Thought it sounded familiar. |
| Babe Ruth | Posted – 6/14/2006 1:01:28 PM | show profile Aha... What do you mean? Did this happen to you? |
| westsidestory | Posted – 6/14/2006 2:17:28 PM | show profile a familiar modus operandi. NWU has bases both in NYC and SF, they may be able to help you. |
