A question for paid writers (and others) on DU: What do you think of this?

[DemoTex]

In 2005 I was asked to re-write a technical paper authored by a professional colleague, who happens to be a high-visibility aviation safety expert, so that he could present it at an international symposium in Sweden. I was to be listed as co-author on the paper. I spent quite a bit of time re-writing and polishing the highly technical (and awfully written) piece on aviation safety and he did, indeed, present the paper at a meeting in Stockholm. My name, it turns out, was not on the paper as co-author when it came out at the symposium in Sweden.

A month or two later, the UK-based aviation magazine for which I was writing at the time, contacted me about doing a print-version of the paper (everyone knew that I had written it) to go into the magazine as a co-authored piece by the original "author" (and I do use the term loosely) and me. I agreed (with the original author's encouragement), and put forth another Trojan effort to totally re-work the piece for the magazine's readers.

My UK editor loved the resultant work. I presented him with my usual fee for a piece of that length, with provisions for splitting the fee 50/50 with the original author. My editor refused to pay the fee because, he maintained, the piece was originally written for a symposium and I had been paid by the original author for my work with him (actually, I had not been nor ever was paid by the original author). I withdrew the manuscript for publication. I was so pissed over the incident that I have not done any more work for that publication or the individual involved. I stayed cordial with them, but I found freelance work elsewhere.

Segue to today. This morning I was doing a Google search for an article I had done a few years back, but what I found sent my blood pressure to the stratosphere. The UK-based aviation magazine in question did indeed publish the article (that I had withdrawn), about six months after I severed ties with them! And I had a byline as co-author of the piece! The published piece was my work verbatim!

I was never told the article had gone to print in the UK magazine, by my editor or the other "author," and I never received a cent (or a shilling) for the piece. I saw the other "author" on TV the other day, as I frequently do after an airline accident. He is a nice guy, and very knowledgeable. He just cannot write his way out of a paper bag. I had offered to work for his consulting firm as a writer, but he never responded.

I'm thinking I should go after the editor and the UK magazine at this point. When I calm down. Whatchallthink?

[pleah]

1. I think you should. n/t

[givemebackmycountry]

2. First off, congratulations...you got published!

Second: Your right. Calm down.
Third: I got nothing. Talk to a lawyer maybe.

[MineralMan]

3. What would you likely get if you did go after them?

In most cases, the returns would not be sufficient to compensate for your time, expenses, and loss of good name.

As a professional magazine writer (now retired), such incidents happened a few times to me. Generally, the amount of money I might possibly recoup after long hard work and burning bridges would not have been worth it.

The real problem is that, even if you are willing to blow off ever working for the offending publication again to get paid, editors and publishers move and take their prejudices along with them. They also talk, and you don't want to be the subject of a diatribe that contains little truth and much malignment.

It's up to you of course. In the future, however, you can avoid these situations by having a written and signed contract for either individual projects or one covering a period of time when you might write for a publication.

Contracts make things so much easier. It's almost impossible to take a verbal agreement to court. A contract, however, generally gets the publication to honor its commitments with no further hassle.

[wryter2000]

4. This is definitely theft

Did you have a written contract? What does it say?

Unfortunately, if you have nothing on paper, you may have a hard time making your case. I don't know why you maintain a cordial relationship with these people, but if you do, I'd ask the "author" if he got paid and how much.

[zazen]

5. I'd be FURIOUS too; but calm down first, and then find atty who'll do it for damages

but who won't charge you if you lose. I'd bet this magazine has done it before.

It may be that the editor never thought he was asking you to do this for hire in the first place, but once you pulled the article, I don't think it could be published (with your name on it) without your signature (as long as it's not the Proceedings of the symposium, which I'm assuming it's not.) Does the UK have different laws about this? I'd bet they'd be more stringent about copyright, given all of their libel litigation.

I "ghosted" for principal investigators in the academy a lot, writing original scholarly prose (and project plans, etc.) for them, for which they get credit and which goes into their tenure and promotion file. I started getting so resentful about not getting credit that I really don't do it anymore, but at least I was PAID.

And, no one who hires me dares uses the term "wordsmith" around me anymore. Writing is thinking. It is not transcription. So is good editing. I wish I had a nickel for every arrogant administrator who went around saying, "oh, those were all my ideas," but didn't have the inner resources nor scope nor tenacity of mind to learn to articulate a nuanced argument for an audience. My clients who pulled their share always were the most appreciative, and the ones who didn't lift a finger took all the credit (because they clearly had no comprehension of the difficulty of the task, having never exerted themselves at it before).

Don't know what attys do copyright law around your area, but the American Association of University Professors might have some names of attorneys to whom they refer members.

Again, I think you have every justification to be angry. I hope you can stick with some action against them without letting the anger turn into resentment, which will only make you miserable. Best of luck to you!

[NV Whino]

6. Unless you have something in writing

documenting these events, let it go. If you do, ask yourself what you would gain if, in fact, you won the case.

[EFerrari]

9. I second this. You are right and they are wrong but if you pursue this

nothing changes except you will lose work from these people.

@ssholes. I had similar situations twice, once with a play script and once with a book draft. It's hard to think of anything a person could do that could make me as angry.

[Phoebe Loosinhouse]

7. It sounds to me like you have been screwed multiple times.

In your original work it sounds like you by-passed a fee in order to get a co-author credit which you then did not get. I think you should have asked for payment then when the first guy screwed you originally.

The magazine editor didn't pay you based on the false premise that you had already been paid for the work. 1. You weren't 2. That's none of his business. 3. Fresh work was involved

Then work published after you had withdrawn it. I'm thinking they must have approached the original author and gotten his permission. Why wouldn't he? That would be two free rides he gets on your labor. It also sounds like he is getting TV gigs possibly based on his enhanced prominence due to symposiums, magazine article, etc.

I think you are well within your rights to demand payment from the magazine. That is why you withdrew the article in the first place. I'm sure you have correspondance, emails, etc. to back this up. You should, in my opinion. Just tell them to do the right thing and pay you for the article they published.

[CitizenPatriot]

8. you might not like my advice but here goes

(feel free to toss in garbage after reading)

I agree that going after these people for this piece might come back throughout your career...Small world, and all of that (I am not a writer, but I freelance media work and run into the same people no matter where I am).

Instead, perhaps you can call the editor, and say you see he chose to use your piece...and he might recall that you hadn't wanted that, but you're glad he felt it was so good that he had to use it.

then I would tell him how much you enjoyed being published by him, and would enjoy furthering the relationship...does he have any paying work he can contract you for?

Be ready to negotiate with him and have a pitch ready in case.

If he says he'll keep you in mind, ask him if you can check in every month.

(toss pride in garbage and focus on checking account balance)
____________

As an aside, I've been screwed over a few times-- some people just don't care, others know they screwed you and are willing to throw you work to make up for it, since you let them off the hook when they were in a bind.

I know it sucks...but I'm just thinking long haul and building relationships with people who owe you something doesn't hurt.

In that way, you can turn it into something that could work for you.

Congrats on the great article and I hope you find a way to make peace with this. Sorry it happened to you. It must be the day for that; I've just made a similar discovery. UGH.