My book was published without receiving payment from the publisher

[Gavin1977]

What is the name of your state (only U.S. law)?

 

[Gavin1977]

What is the name of your state (only U.S. law)?

I have no idea why my question did not show up.

What is the name of your state (only U.S. law)? NJ

Hi,
I am not sure if this is an IP issue. I am a freelance writer. I was hired on a contract with a publisher I have worked with previously. They have paid me in the past. Over the past month I submitted 21 stories as requested and have not received payment. There was excuse after excuse, then they tried to make a payment and it didn't go through, etc. I checked Amazon this morning as they publish new works at least once, sometimes twice a week. Sure enough, a number of the stories I have submitted and have not been paid for are being sold on Amazon by the publisher.

I do have emails to back up everything as well as proof that I submitted the stories after the contract started and before they were published. Does anyone know what my options are as far as either getting my work removed from Amazon or making the publisher pay me?

Thank you in advance for any advice!

 

[Dave1952]

Would you describe this contract? Who holds the copyrights to your work? How are payments scheduled? How are disputes settled. Include anything relevant.

 

[coolmaltese]

I had this happen once. One of my stories was included in a collection. Contract signed, couldn't/wouldn't pay, it became an accounts receivable to me, publisher went bankrupt, debt canceled from bankruptcy, the end.

It's part of doing business. For me, the published story lead to greater exposure and companion sales, so I am happy with that...

Assuming yours is a standard contract, you will have to pursue collection through legal means. Depending on the amount involved and the financial status of the publisher, it may or may not be worth going after in court.

 

[Gavin1977]

Hi,
Thank you for the responses. I will answer the questions the best I can.

1. I am a freelance writer and this publisher found me and hired me from a freelance writing website.

2. The contract is written via the website. She makes an offer, I accept, and the contract is started. It is a flat fee I am paid for my work. However, the website does nothing to enforce the contract unless I am an hourly worker. I am not, as I am paid per story.

3. The message system on the website is very exact. For example, I can prove that she has promised me payment several times. In one of the messages she complements me on my story several times. One of these stories is the one that has been published. She acknowledged in the message that she had not paid me yet.

4. There have been several excuses she has given me - the usual run around.

5. She only owes me a couple hundred dollars. I'm not even sure if this is worth pursuing. I would be happy with her just taking down my work that she is making money on even if she has no intention of paying. Yes, I need the money, but I'm not going to get into a lengthy dispute for her if it will cost me more to go to court than I would receive.

6. I guess I am just asking for options. Is there a way to force her to hold up her end of the contract? Or is there a way to have the work removed from Amazon? She has already sold hard copies of the books.

7. Re: the copyright issue, she owns the rights once the contract is fulfilled. I write with the understanding that she can edit, change, give me a pen name, etc. Once I sell her the work, it's hers. But of course in this case she didn't hold up her end of the contract.

Any advice or thoughts would be much appreciated. If I'm out the money, please just be honest. Don't have the time or energy to fight a losing battle Thank you
!

 

[Dave1952]

6. I guess I am just asking for options. Is there a way to force her to hold up her end of the contract? Or is there a way to have the work removed from Amazon? She has already sold hard copies of the books.

7. Re: the copyright issue, she owns the rights once the contract is fulfilled. I write with the understanding that she can edit, change, give me a pen name, etc. Once I sell her the work, it's hers. But of course in this case she didn't hold up her end of the contract.

From this I think that you have sold the copyrights and you have a contract dispute with the publisher. Amazon is unlikely to help you in any way. You may sue to enforce the contract but the amount involved would make this a money loser. I think the best you can do is send bi-monthly reminders and don't do any more business with this publisher. Maybe they'll pay you, maybe not.