Just curious- has anyone thought about suing them for using your article without your full and legal name attached? Especially since they don't use contracts. Their refusal to use contracts would make the lawsuit fall under the category of "normally accepted business practices" Since it is "Normal business practice" in the publishing indstry to not alter an author's name without permission, this would be a copyright violation on their part. Not sure if it is worth pursuing, though.
I would send them a letter specifically stating that you are exerting your copyright owners rights and insist on a copyright notice that includes your legal name attached to the article.
Also curious, has anyone thought about informing the advertisers in this magazine of the way that the publisher treats the writers and that the publisher is engaging in illegal activities? I think a lot of advertisers might not look too fondly on advertising in a publication that is setting itself up for legal troubles.

Bridget

REMOVED

_________________
Donna Gundle-Krieg
www.blitzkriegpublishing.com

Donna... what insanity! You should never have to justify why you want to use your name as your byline. This guy seems like a tyrant. Did you catch the tone in his email to his employee (Did you just start working here?)... what a jerk! Good riddance.

My New Years wish for you: May you be blessed with many clients who not only appreciate your talents and pay you well but also conduct their business professionally.

cc

I'm finished my work - I did it right the first time.

Cathi

Temper, temper.

By the way, if it concerns one writer, it concerns all writers.

Keith,
First of all, I want to defend my fellow writers who have supported me. You accuse them of not having a life because they are reading about and responding to what’s happening in their business. Freelancers have to be very careful when accepting work, so it’s important that we share our experiences about people like you, telling each other which publications are good to work for, and which publications treat their writers poorly. Most of us work by ourselves, so this posting board is our method of communication.

Second, your responses to JK Rossi and Debbie K once again show your true colors. Let’s start with JK: Why were you ready to hire JK when you were stringing me along, too? Your posting for writers asked for a resume. Surely you had some information on how to contact her.

As far as Debbie: don’t you review backgrounds and writing samples before hiring writers? According to what I have read, Debbie was fired for pushing the family name issue. If you had quality issues with her work, you would not have continued to publish it month after month.

The “smear campaign” that you accuse me of consisted of me posting legitimate email exchanges with you. These emails spoke for themselves. You say that the first communication you received from me has a “very negative and attacking tone.” In fact, the first correspondence to you was a very nice explanation of my family name, and a plea for you to use my legal name when publishing my work. Your response was to blow off this appeal and show no concern or respect for my request. In fact, according to the latest post, you are still holding your ground and planning to publish my articles under a different name.

You say that I could have resolved this issue differently and more professionally. What would you have suggested in place of my first very nice email request? The second email I sent you was another polite email telling you that I wasn’t interested in working for you. Read the emails again, Keith. WHO, may I ask, was negative and attacking?

If you know anything about slander, you know that it has to be based on spreading false rumors. Since the emails I posted are original, you are slandering yourself, I'm not doing anything to destroy you!

Yes, I have considered legal action if you publish the articles under a different name without my approval, as this is illegal. It appears that you are still planning to do just that to prove your point that you’re in charge.

I have also considered legal action if you don’t pay me. By the way, you are NOT doing me a favor by paying me for the work I did. You are required to pay me, even if you don’t use the articles. I have the email assignments from Joanne, which would serve as contracts in any court of law.

I have also considered one of the suggestions from a fellow writer, which was to let the advertisers know what is happening. Again, if I chose to do this, as long as the information I give to these advertisers is true, you have absolutely no case of action regarding slander.

If you wanted to end this on a professional note, you would publish my articles under my legal name, pay me for those articles, and apologize for the way you have communicated to me and to so many others. Last but not least, you would make a New Year’s Resolution to treat others as you would like to be treated.

_________________
Donna Gundle-Krieg
www.blitzkriegpublishing.com

cc

Uh, on the contrary, I work for myself because I wanted to raise my own children, rather than pay someone else to do it. I enjoyed a wonderful career with Atlantic Canada's largest newspaper and when I went freelance I rarely worried about where the next project came from - in fact, I found a new specialty writing about hydrocarbon harvesting in frigid water conditions and my business boomed when I got on the internet and realized US markets paid much better for these types of stories. I set my own hours, choose my own assignments and don't hesitate for one second to tell jerks where to go and I don't care how much they pay! hmmm, tell me again why I'd want to work for someone else??

I'm not sure what successes or failures you've had in your life, but please don't make the mistake of shading everyone with those experiences. Freelancing, both as a journalist and as a designer, has definitely been the best business decision I have ever made in my life and I wouldn't look back for a second.

And by the way, thanks for the reminder of why I am so fortunate to be my own boss. Just in case I ever think the benefits of having someone else do the paperwork and taxes look pretty good, I'll post your notes here on the board. No amount of money would be worth having someone ruin my days. I have a small string of freelancers that I often use to do interior layout and illustrations and if I ever speak to them in such a rude and condescending way, as you do other people, in my opinion, I sincerely hope they tell me exactly where to go, because I would deserve it.

It doesn't matter what you do in life, whether you're an editor or a maid or doctor or a janitor; whether you are the most junior employee or the CEO of a fortune 500 company, you never, ever have the right to ruin another person's day. That's a power many people take frequently - through insults and ill treatment of others in the work place, but it's a very dishonourable thing to do. It is a stolen "right" and certainly not a right you have ever earned.

Cathi

See, here in Canada we have freedom of speech. If we don't like a company, for whatever reason, we are certainly free to boycott the supporters (or advertisers) of that company and what we do is contact them (the supporters or advertisers) and tell them exactly why we're doing it. This is a method employed frequently in free countries. Grassroots organizations do it all the time - they're in the papers, magazines and on the televised news explaining what they're doing and why. Many large clothing manufacturers, food producers and oil compaines have been "restructered" as a result of such boycotts...mostly American companies now that I think of it.

In your case, Simply sending them the insulting posts you have published on this list would probably do the trick.

By the way, did you start the magazine just to promote J. Hicks Specialty Sauces? I see you're listed as the contact for that company and the physical addresses for both that company and the "magazine" are the same.



Cathi

The publisher of Midwest Food Service News wrote:

"A high % of freelance writers are flakes..."

Even after I read his insulting emails to the writer who complained above and to his own editor, I had decided not to run any more ads for this firm. I even removed the old ads that still appeared on the site. The comment above further proves that he doesn't respect writers, much less their legal names.

When someone posts a lie in writing, it is called LIBEL, not slander. And, the truth is the absolute defense against libel accusations. Posting and distributing one's opinions is called Freedom of Speech, which is guaranteed by the U.S. Constitution.

If the writer chose to contact your advertisers and let them know the TRUTH or even her OPINION about how you do business (your refusal to use legal names for writers with more than two names, the way you treat writers and your general opinion that most writers are "flakes") this would be the truth, not a lie. Most lawyers (the moral ones) and any judge would laugh you right out of court.

Your threats regarding legal action hold no weight here. The courts would have to alter the constitution to do what you want them to do. The TRUTH is blatantly obvious and you've dug your own grave by posting your opinions and showing your true colors here directly.

You owe all writers and even your own editor an apology.

Angela Hoy
WritersWeekly.com

Thanks Angela. Of course I am biased, but I certainly think pulling his ads is the right thing to do.

Keith, I don't want to destroy you or your publication, and I certainly don't want to spend any more time and energy with lawyers or advertisers.

What I do want is very simple: I want the articles published under my full and legal name, payment as agreed, and an apology to me and others for your demeaning and threatening remarks.

_________________
Donna Gundle-Krieg
www.blitzkriegpublishing.com

Happy New Year Keith.

I am going to publicly post my response to your email, because I do think these issues pertain to other writers. The forum works as a group to balance those who take advantage of us. So I want to tell those who have supported me over this issue that we have come to an agreement.

I am not a vindictive person, and appreciate your attempt at resolution. Since you are now willing to print my full name for my byline, I have no desire to spend any more energy on this. I will look forward to the check as well as the copies of the articles.

I still think that you owe the writing community in general an apology, but you're harming yourself if you don't do that. After all, the forum has now had over 1000 views, and not a single person came to your defense the entire time.

Also, please remember that I am not the one who painted you to be a villain or a Snidely Whiplash, as you claim. If you read through the postings that I personally put on there, not a single one is vindictive. Certainly my opinions and those of the collective group did you plenty of harm, but you have to be able to see that the damage you did was to yourself and can't be blamed on anyone else.

Of course you didn't expect everything to be made public like that, but in my opinion someone who "talks" to people like you do deserves to be confronted. I can appreciate that it is easier to say harsher things in email, but instead of apologizing or trying to make things right, you continued to attack.

You are officially out of my life, assuming that you meet your end of the bargain.

_________________
Donna Gundle-Krieg
www.blitzkriegpublishing.com

Be careful writers, don't contact the advertisers when your editor is not paying you. You might end up with advertisers who might not wish to partner themselves with such a bush league enterprise. As for being a flake, I'll take it as a complement! Consider the source folks! Another person whose idea for getting a magazine off the ground is thought out 2 minutes in advance.

[quote="khadley"]
There's a reason that you work for yourselves-you would be fired from working for a company.

Are you your own boss? Is that because you have been fired from a company?

Go back to your cave, honey. Maybe when you come out again, your knuckles won't brush the ground.