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Linda's situation

A few days ago, Linda Nitchman approached the list with a problem.  
Subsequently, we've heard from various experienced newspaper writers 
about how submissions in that field works, and I have interacted with 
Linda a bit more off list.

In summary, the conventions in the newspaper field are that most writers 
simply write the story, put the rights for sale at the top, and send it 
to the editor.  He buys or negotiates further, and prints.  There is no 
WRITTEN contract in most cases.

In Linda's case, she wrote the stories.  She said First North American 
Serial Rights were available on a fact sheet accompanying the stories.  
The editor accepted and ran the stories, having said nothing about a 
written contract or different rights.  AFTER printing the stories, the 
editor told Linda she must sign an all-rights contract -- a written, 
non-negotiable all-rights contract -- in order to get paid.

I think what this editor did was dishonest and unethical, and I would 
not personally sign such a contract in such a situation.  If I didn't 
get paid, well, so be it.  I would not want to reward this editor for 
his dishonesty with me by playing doormat for him.  I believe this 
editor's actions were also illegal.  Contracts do not have to be written 
in order to be legally valid.  My interpretation would be that Linda and 
this editor had a clearly understood unwritten contract, and that the 
editor is trying to violate it.

Carol Deppe

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