Re: Linda's situation

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• Subject: Re: [GWL]: Linda's situation
• From: Catriona Tudor Erler cterler@cox.rr.com>
• Date: Fri, 29 Mar 2002 15:00:54 -0500
• List-archive: <http://topica.com/lists/Gardenwriters/read>

One of the many advantages of membership is GWAA is that the 
organization has a retained lawyer who is willing to do small jobs for 
gratis for members.  He kindly looked over a letter of reversion for me 
before I signed it.  Someone like that could advise Linda on her best 
course of action.  (Sometimes the mere mention of a lawyer can get 
offenders to sit up and take notice...)  It does sound as though Linda's 
editor acted illegally - or at the very least inethically.   Catriona 
Tudor Erler
Carol Deppe wrote:

>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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