Articles About Finance And Refinancing

Payment Withheld: Can I Fight a Magazine Publisher to Get it Back?

A colleague of mine sent me a troubling question: "Dave, I recently submitted an article to a magazine I've worked with for a few years, and they accepted it without comment. A month passes and they've paid me 1/3 of the agreed upon fee, claiming that their staff had to completely rewrite it prior to publication and that cost came out of my recompense. That seems really unfair: is there anything I can do about it?"

To clarify the issue, I asked my colleague to send me a copy of the article assignment letter, which is basically a contract between the author and the publisher that should - one hopes - detail exactly what's to be delivered and all the possible contingencies, including receiving a manuscript that isn't publishable.

Before we look at the contract wording, though, what's odd about this situation is that the author never had an opportunity to fix the article or even any feedback saying that there were problems at all. Seems kind of fishy... Receipt of Contributions

Publisher reserves the right of final approval of both the form and content of each contribution from the Author. Publisher may, as it deems desirable, adapt and edit or authorize the adaptation and editing of each contribution. Publisher may or may not publish a contribution at its sole discretion. So far, that's pretty typical. Notice that there's no mention of the possible cost of adaptation or editing in this clause of the contract. Let's continue... Payment

In consideration of the services performed by Contributor hereunder and the rights granted and assigned hereunder, Publisher agrees to pay to Contributor, subject to the terms herein, an amount as set forth in Exhibit B. Again, that's pretty straightforward. The question is, what's actually written in Exhibit B and what kind of "kill fee" is detailed, if any. And here's the final clause, in Exhibit B, that punctures a hole in any sort of argument that the publisher may have with the author: Payment for each contribution shall not be made until such contribution has been approved for print in the magazine. In the event that a contribution is not accepted for print, the contributor shall not be entitled to payment. My reading of this is that it's an all-or-nothing contract. There's no legal provision that gives them the right to withhold partial payment for any reason: either the terms of the contribution are met as detailed in the Exhibit, or they're not, in which case "the contributor shall not be entitled to payment."

If the difference is more than a miniscule amount I would suggest that you call up the publisher and say that upon further reading of your contract, you do not see that they have any basis for withholding 2/3 of your payment and that you'd like to see a check issued for the balance of the article payment immediately.

And I'd consider finding a new publisher for your articles too.

Please note that I am not a lawyer and that this should not be construed as any sort of legal advice. You proceed with my analysis and commentary at your own risk. Thanks.

Dave Taylor is a professional writer who has been publishing since 1982. He's written sixteen books, including the best-selling Wicked Cool Shell Scritps, and Creating Cool Web Sites.

His latest projects are startup 101 and Ask Dave Taylor, where he's happy to take questions from writers about contracts and publishing.

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

MORE ARTICLES:

Importance Of Using Business Credit Card
A number of individuals and corporate entities today are using different types of credit cards. They admitted that they will miss all the advantages that it could offer to them if they do not own even one. Besides some are considering credit cards as a form of survival. One of the most popular types of credit card is the business credit card. Owners of business establishments are happy and grateful because they are greatly benefited from using business credit card to the best of their advantage. Thus it helps them in minimizing the danger of carrying bigger amounts of cash and allows a more convenient transaction when purchasing things in case of emergencies.

Loan Officer Career Objectives
As loan officers it is very important to set career goals and objectives for yourself.

Avoiding Loan Delinquency
If you have a loan and are struggling to make the payments, you could end up falling into loan delinquency. Delinquency can be a big problem, although if you take some steps to get yourself back on track, you won?t fall further behind. If you want to know more about how to avoid or get out of loan delinquency, then here are some useful tips to help you do just that.

Cash Out Refinancing - A Few Things To Know About Cash Out Refinance
There?s no doubt you have been inundated via e-mail, postal mail or even phone calls from lenders trying to convince you to cash out the equity in your home. The reasons for a cash out refinance are endless--debt consolidation, better rate/term, lower monthly payment, home improvements, college education financing, etc. One commonly overlooked reason to cash out equity in your home is that you may possibly find that $10,000 could earn you more money if it?s invested wisely. Don?t forget that mortgage interest is tax-deductible (up to 100% of the value of your home). You can even now pull 125% of the equity/value of your home with average and better credit (usually a FICO score of 640+).

Loan Payment Insurance Protects Unemployment and Incapacity
None of us know what lies around the corner and if we have commitments to payout each month it makes sense to do everything we can to ensure that we would be financially secure One way of protecting any loan or credit card repayments you have to make is to take out loan payment insurance

Financing Your Home Equity Loan In Cyberspace
By now, most of us rely on the Internet for a great deal of things. Chances are that you have made an online purchase recently. It is even possible to order groceries online and have them delivered to your front door. Due to its penetration into our everyday lives, it is no surprise that online money management has become a staple of the Internet. Not only can you monitor your bank account, opening special savings accounts, and pay your bills online, but it is also possible to get a home equity loan using the Internet.

Discover More About Credit Card Debt Consolidation.
A credit card consolidation program is an attempt to help you improve your credit history. The repayments you make on your earlier debts determine your credit worthiness. It is also an indicator of the willingness and affordability of an individual to the lenders who decide the credit limit they'll make available.

Why the FHA Home Loan is So Popular
Recently the FHA home loan has become very popular again, though it hadn't been as popular in recent years as it once was. Perhaps a lot of the popularity of this type of loan is on the part of the lenders because they are looking for as much security when lending as possible and with the FHA they are getting the principal amount of the loan insured against default. But, this type of loan is popular among borrowers who are looking for the best deal for them.

Exclusive Mortgage Leads
If you are a loan officer or mortgage broker on the market for exclusive mortgage leads, how do you know if that lead is really exclusive or not?

What Are The Requirements For Reverse Mortgage?
What exactly are reverse mortgages? Have you heard of them? Well, let?s start off by saying that they could make life easier for you. There are a whole lot of benefits in reverse mortgages that could be very welcome as far as you are concerned when you are in need of money.

Credit Card Interest Charges - How They Are Determined
?He who pays wrong, pays twice? is a famous saying amongst lawyers. Relating this to credit cards drives home its meaning even more. After your card-swiping shopping spree, it is payback time for all credit card users. However, if the rates are not calculated properly, one may end up paying the wrong amount.

8 Sure-fire Tips For Enticing Readers In Your Mortgage Marketing Letters
Because I?m a copywriter, my opinion is likely a little biased, but I truly feel the power of the pen is mightier than the spoken word. When we listen to someone speak, the words we hear are rarely repeated ? unless requested ? and they don?t have the same ?staying power? as a phrase permanently placed on a piece of paper.

PaymentMax Creates Custom Payment Processing Solutions For Wineries
Savings, great sales, and better customer service is possible for tasting rooms, wine clubs, and e-commerce.

Learn How To Aid Student Loan Repaying
Sometimes it can become very difficult to repay your student debt. If you are undergoing this kind of problem you may find the following information extremely useful. There are many solutions for repaying student debt whether you have borrowed money from the government or from private lenders.

Loan Protection Insurance Cover For Debt Management
Loan protection insurance cover can be a great financial relief to Brits already faced with recovery from illness, or accident The loan coverage is part of a broader umbrella of payment protection insurances that are known as payment protection insurance (PPI)