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Re: Linda's situation

Dear Carol, Linda and all,
       I've been away and just picked up a few responses to this thread. It sounds to me that the editor was just covering his/her ass because the paper required a contract and the editor failed to get a signed one before the article was printed. Unlike magazines, most newspapers do not require contracts but operate on well-developed relationships between reporters and editors. Editors rely on those reporters who repeatedly produce the kind of material they want on -- or before --  deadline and usually make assignments by phone. It works both ways with the editor giving the reporter an idea and the reporter bringing ideas to the editor.
       I had a similar situation recently with Workman Publishing, which used one of my pictures of Lee Reich on the cover of his "Weedless Gardening" book without my permission or any pay. I learned of it after the book was already in print and when I brought it to their attention, Peter Workman immediately worked out a fair price, faxed me a contract and made sure I had a check within a few days.
       I could have created a fuss, but what's the point. There's more than enough strife in the world already and I've always prided myself on my good working relationships with those magazines and newspapers for which I free-lance. Linda's case is a little different because she is losing the right to use the material again in the future. No one can make the decision for her, but the editor was clearly in the wrong.
       As far as rights, we have five newspapers in upstate New York and we allow publications to reprint articles we have commissioned as long as they credit the paper. The writer can, of course, use the information gathered to write another article, which is just what Lee Reich is doing in the case of an article I recently assigned him on patio construction.
       By the way, I interviewed two GWL members I met through the list serve, Tom Ogren and Mary Appelhof, and quoted Jeff Ball on lawn rolling, for the same special section.
       Regards, Andrea Barrist Stern, associate editor, "Woodstock Times," Woodstock, NY


In a message dated 3/29/2002 11:01:43 AM Eastern Standard Time, caroldeppe@yahoo.com writes:


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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