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PostPosted: March 16th, 2007, 12:52 pm 
Offline

Joined: August 1st, 2003, 9:52 am
Posts: 1853
IN A NUTSHELL, this publisher assigned two articles to the writer and
offered to help the writer obtain the images required for the articles.
The writer complained about the payment terms. This upset the editor and
she cancelled the contract...but the articles had already been written and
submitted. The editor claimed she didn't owe anything because the writer
didn't submit the photos. However, the editor admits she didn't help the
writer find the photos, as promised (see the editor's last email to
WritersWeekly below, dated March 14, 2007).

Should this publisher pay for the articles? WritersWeekly would like to hear
your opinion about this matter. Please email your thoughts to:
angela - at - writersweekly.com. Angela will probably run an article on
this matter in a week or two so your comments may be published. Please
let her know, when you email, if you'd like your name used or not.


~~~~~

From: Richard Hoy
To: editors@creativetechniquesmag.com, dcohen@allamericancrafts.com
Subject: COMPLAINT about Creative TECHniques magazine
Date sent: Fri, 9 Mar 2007 14:16:24 -0500

March 9, 2007

Natalie Rhinesmith, Editor - editors@creativetechniquesmag.com
Creative TECHniques - http://creativetechniquesmag.com
All American Crafts Inc.
7 Waterloo Road, Stanhope, NJ 07874
Phone: 973-347-6900
Fax: 973-347-6909

WritersWeekly.com is a publication that publishes information for and
about freelance writers. The publication is the largest-circulation
freelance writing ezine in the world.

WritersWeekly.com has received a complaint about:
Creative TECHniques / creativetechniquesmag.com /
All American Crafts Inc. / allamericancrafts.com

WritersWeekly.com is a publication that publishes information for and
about freelance writers. The publication is the largest-circulation
freelance writing ezine in the world.

As part of that information, WritersWeekly.com publishes a Warnings
section on its website and in its newsletter. This warning section
contains reports about publications that are unprofessional in dealing
with writers, have refused to pay writers money owed to them, who have
not abided by their contracts, or who have unfair contract terms. These
reports are used by WritersWeekly.com's subscribers to decide which
publications they should and should not work with.

Your firm has been submitted to us for inclusion in the
WritersWeekly.com Whispers and Warnings section.

Step one of our investigation of this report is to gather all relevant
correspondence between your publication and the person submitting the
complaint so that we can piece together that person's side of the story.
Step one of our investigation has been completed.

-----------------
THE COMPLAINT
-----------------

[JM] (name not published here, but was, of course, provided to
the publisher) alleges you owe her $350 for two articles assigned
by Creative TECHniques magazine - one on satellite radio; and another
article discussing the "Safe Mode" of the Windows operating system,
which was later changed to the topic of password protection. [JM]
delivered both articles on January 27, 2007 - approximately 1 week
before the agreed due date of February 2, 2007.

[JM] gave us correspondence between herself and Natalie
Rhinesmith indicating the agreed price was $175 per article.

In an email dated February 5, 2007, Natalie Rhinesmith indicates that
she is holding up payment because she is awaiting photographs for the
article. However, in the original assignment, Natalie Rhinesmith
states she would help acquire any images necessary for the article, but
she never did. Also, there is no indication in any of the correspondence
that submitting images was a prerequisite for being paid.

See complete allegation under my signature.

-----------------
WHAT HAPPENS NEXT
-----------------

The second step in our investigation is to send this communication to
your firm to get its side of the story. If you have evidence disputing
these allegations, or would like to make your own statement about these
allegations for publication in our report, please email
angela@writersweekly.com within two business days.

***All correspondence for our investigations must be in writing and is
subject to publication.***

If you do owe this person money, we strongly suggest you read
this article before responding:
http://www.writersweekly.com/the_latest ... 32006.html

Our report on your firm is scheduled for inclusion in our publication
next Wednesday.

If there is no response to these allegations, WritersWeekly.com will
still publish this complaint, but our readers will not be able to read
your side of the story.

We appreciate your prompt response in this matter.

Richard Hoy
Co-publisher
WritersWeekly.com

-----------------
COMPLETE ALLEGATION
-----------------

Date sent: Wed, 28 Feb 2007 21:59:05 -0500 (Eastern Standard Time)
From: [JM]
Subject: HELP - NONPAYING MAGAZINE.

I wanted help from you for a client that hired me to write 2
articles, I turned them in --she said she was going to help me
with getting photos because I was having trouble and this was
my first time writing for her ---she told me she
would be paying me in May and I didn't remember this being said in the
time we had talked during assignment. So she said, you know what - this has been
a pain for me, I'm not paying you and our relationship is done.

She owes me $350 and I want to fight to get it --I already told her ---I
have no problem bringing her to court. She's in NJ, just like I am.

Her email is: editors@creativetechniquesmag.com
Name: Natalie Rhinesmith

Deadline was Feb 2 --she had both before January 27.
She assigned to me back before Thanksgiving.

HER ASSIGNMENT EMAIL:

I would love a Satellite Radio article covering perhaps what it is and
how it works, a comparison of the services, a description of the equipment
available, pros and cons. This would be considered a light piece,
probably no more than 3 pages. You'd need to get together some 300 dpi,
print-ready images for this article--very easy to get from press pages on
manufacturers websites (I can help you if you run into a brick wall).

The Safe Mode article is going to be very heavy on the tech language, so
there should be a lot to say. I would think 3 pages with a few screen
shots. You could cover what to do when you unintentionally boot into Safe Mode,
how to use Safe Mode to diagnose common problems, etc. Our readers are
prolly familiar with accidentally booting into Safe Mode and then freaking
out; we want to help them overcome that by throwing some education at them.
Youll want to give them some how-tos on booting into Safe Mode for
diagnoses, navigating through Safe Mode to troubleshoot, and getting out of Safe
Mode.

How does $150 a piece sound? If either of the articles comes in
longer than 3 pages and can't be edited down (some articles take on a life of
their own once started), I'll pay you $175. Three pages with images is usually
around 2200 words. Sorry to confuse you--when I say "3 pages," I mean
the article should take 3 pages in the magazine itself.

The next step is just to send a brief outline of the topics covered
in each article by 12/18. At that point, I'll look it over, make sure we're
on the same page, add anything I think should be covered, and get it back
to you for completion by 2/2/07.

I'm really looking forward to working with you!
--Natalie

~~~~~

NOTE: We ended up changing topics from Safe Mode to Password
Protection.....

Another thing, notice she said she would help with photos and didn't say
I wouldn't be paid without them.

Another email from her about photos:

Sent: Monday, February 05, 2007

I haven't started editing your manuscripts because I haven't received
print-ready photography. If you need any help with that, just shout!

--Natalie

~~~~~


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 Post subject:
PostPosted: March 16th, 2007, 1:16 pm 
Offline

Joined: August 1st, 2003, 9:52 am
Posts: 1853
PUBLISHER RESPONDS

BOLD INSERTED BELOW WAS INSERTED BY WRITERSWEEKLY.

From: "Natalie Rhinesmith, Editor" <editors@creativetechniquesmag.com>
To: <dcohen@allamericancrafts.com>
Subject: Re: COMPLAINT about Creative TECHniques magazine
Date sent: Mon, 12 Mar 2007 08:53:55 -0500

EMAIL #1: Upon assignment, [JM] is made aware that payment is made upon
publication and that imagery is included as part of the article
submission. [JM] had been provided with Writer/Designer Guidelines that include
directions on how to submit print-ready imagery.

EMAIL #2 clearly shows that [JM] was informed (for approximately the
fourth time) that imagery was required. This writer appears to be quite
forgetful and had to be reminded several times of our agreement.

EMAIL #3: Amazing what a difference in clarity viewing an ENTIRE email
makes, right? [JM] was again made aware of the payment schedule and the
necessity of print-ready imagery.

EMAIL #4: When I initially contacted [JM] on 2/5, the first working day
after the deadline, about the unusable photography, I received an
automated response that she was out of town. I re-sent the same email on 2/21 and
received word back from her that same day that she was waiting to hear
back from her friend, who was getting the images together for her. Rather than
contact me and make me aware that she was obtaining the images from
elsewhere and was just waiting to hear the status, she opted to *not*
respond to my email of 2/5--this displays a poor level of professionalism.
I had all intentions of working with [JM] to help her get any screen
shots she needed together for the two articles assigned (as you can see from the
email she sent you), but I received an email from her on 2/22 regarding
payment. When she wasn't pleased with my response regarding payment
(information that was far from new to her), she reacted unprofessionally
and I terminated our working arrangement.

I believe these emails (cumbersome though they may be) prove that I made
every professional attempt possible to be supportive of [JM] , to be
patient with [JM], and to rectify her confusion many times. I would
have worked with her to get photography together but her reaction made it clear
to me that she was not a writer I wished to have on staff. Please be aware
that [JM] would have received a contract for her work had it been
accepted and payment would have been made on schedule.

If there are any further questions, please don't hesitate to contact me.

Thank you very much!
--Natalie Rhinesmith (Editor)

--------------------------------------------------------------------------
------------------------------------------

EMAIL #1
Hey -- I can write as many as you need - if it's not due till beginning
of February. I could manage maybe 5 or more if you wanted to trust me with
that.

Let me know.
[JM]

-----Original Message-----
From: Natalie Rhinesmith, Editor
[mailto:editors@creativetechniquesmag.com]
Sent: Wednesday, November 22, 2006 9:57 AM
To: [JM]
Subject: Re: Booking writers for Creative TECHniques Summer 2007 issue

Thanks for getting back to me. I pay a flat rate of (I know it's not
much--we're still on a start-up budget) $100 for a two-page, $150 for a
three-page, and $175 for a four-page article (including images). All
payment is sent on publication.
I'm currently booking for Summer 07 (on sale
5/22/07) and Fall 07 (on sale 8/21/07). I do have someone for the
"Freeware/ Shareware Apps" article. Would you like to write two articles for us?

Please let me know by 12/18.

Have a great Thanksgiving!
Natalie

----- Original Message -----
From: [JM]
To: "'Natalie Rhinesmith, Editor'" <editors@creativetechniquesmag.com>
Sent: Monday, November 20, 2006 11:32 PM
Subject: RE: Booking writers for Creative TECHniques Summer 2007 issue

Honestly if these are due till February, I could do many for you.
Let me know the rate of payment that you do (per word?)

Give me more details.
[JM]

> -----Original Message-----
> From: Natalie Rhinesmith, Editor
> [mailto:editors@creativetechniquesmag.com]
> Sent: Monday, November 20, 2006 2:48 PM
> To: [JM]
> Subject: Booking writers for Creative TECHniques Summer 2007 issue
>
> Hi [JM]: I hope you've had a nice autumn so far. I'm lining up
articles for the Summer 2007 issue of Creative TECHniques magazine. If you're
> interested in writing one of the following topics, please let me know
and I'll give you specifics:
>
> Retrieving Data from Corrupt Media Cards: overview of process, review
of software
>
> Understanding Safe Mode: what it is and why/when you want to use it
>
> Wi-Fi Phones: what they are, how they work, are they worth it?
>
> Understanding Satellite Radio: how it works, types of receivers, why
you want it
>
> Reviewing MP3 Players: general review of 5 different players
(including iPod) with similar functionality
>
> Using Mac's iPhoto Program
>
> How to Play Your MP3s on iPod
>
> Understanding File Associations: what extension goes with what program
and how to reassign
>
> Online Music Services: comparisons, pricing, which services work with
> which players, etc. (again, not focusing on iPods, there's a whole world
outside of iPods)
>
> Creating a Website: how to find a provider, how to lay out a simple
> beginner site, how to drive traffic
>
> Understanding Tech Support: how call centers work, what you should
have on-hand when you call
>
> All About Bluetooth Technology: why it's so versatile, how it works,
its history, possible future applications
>
> The Best Freeware/Shareware Apps
>
> Digital Photography: anything!
>
> Backing Up Email and Email Programs
>
> Tablet PCs
>
> Cleaning Your PC: Archiving old files, running defrag and scandisk
> utilities, which files are safe to delete and which aren't, etc.
>
> Windows Registry: how to understand the Registry, make changes to, back
> up, etc.
>
> VOIP
>
> Windows XP Tips
>
> Creating and Using Textures in Photoshop Elements
>
> Installing New Apps
>
> The Ins and Outs of Passwords: setting them, encrypting, password
manager apps
>
> Email Program Comparisons: Eudora, Outlook Express vs. Outlook, web
mail apps
>
> Tweaking Graphics Cards: so your images always look their best on
screen
>
> Articles for the Summer 2007 issue won't be due until 2/2/07 (with
> supporting photography). Payment will be on publication (within 2 weeks
of 5/22)
and articles pay differently depending on the particulars. Let me
> know
>
> if you're up for any of them by 12/10. Thanks so much!
>
> Natalie Rhinesmith, Editor
> Creative TECHniques Magazine
> www.creativetechniquesmag.com
> 973-347-6900 x129

Hey -- I can write as many as you need - if it's not due till beginning
of February. I could manage maybe 5 or more if you wanted to trust me with
that.

Let me know.
[JM]

--------------------------------------------------------------------------
------------------------
EMAIL #2
Yep --- well when I do print screen it doesn't work on my computer. Trust
me, someone has tried to teach me this before..... I don't know why
because my computer is new.....

So odd....
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/21/2007 3:24:49 PM
To: [JM]
Subject: Re: PAYMENT

It's shockingly easy. When you have up what you want to capture, press Prt
Scr to send it to the Windows Clipboard. Open a new blank image in your
image-editing program and Edit> Paste. Just save the image as it appears
as a jpeg and send it over.


----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Wednesday, February 21, 2007 3:12 PM
Subject: Re: PAYMENT

Thank you !
Yeah I have no idea with screenshots, so my friend inputted them in
after reading through my text...so I'm clueless. I used to have a "IRFAN"
program, but wasn't too good at it.

Thanks for helping me!
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/21/2007 3:11:14 PM
To: [JM]
Subject: Re: PAYMENT

No biggie. I know Sirius just announced they were merging with XM,
so chances are, they're out of flux right now. No worries. Let me type up the
articles and decide which images we really should have and I'll help you
from there.


The passwords article will probably be a bunch of screen shots--I
may be able to generate them on my end. That's not usually how we play it but
you're a first-timer and I want to help ya!


----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Wednesday, February 21, 2007 3:02 PM
Subject: Re: PAYMENT

Ok, I do need help.
I contacted Sirius after they asked me which publications it
would be in, and they haven't sent them back. For passwords, I had a
friend help me with that article --- and know nothing about where she found the
pictures, and she hasn't returned my phone call for weeks. Not sure what
to do.

[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/21/2007 10:09:49 AM
To: [JM]
Subject: Re: PAYMENT

Here is the copy of an email I sent you back on 2/5/07
requesting print-ready imagery. As we've discussed previously, payment is
due on publication. The Summer 2007 issue goes on sale 5/22 so payment
will be sent within two weeks of that date. I haven't started editing your
manuscripts because I haven't received print-ready photography. If you
need any help with that, just shout!

--Natalie

----- Original Message -----
From: Natalie Rhinesmith, Editor
To: [JM]
Sent: Monday, February 05, 2007 2:07 PM
Subject: Re: PASSWORDS STORY ATTACHED

That's cool, we've got time.

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Monday, February 05, 2007 1:58 PM
Subject: Re: PASSWORDS STORY ATTACHED

I'm out of town till Next Monday this time......

[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/5/2007 11:38:50 AM
To: [JM]
Subject: Re: PASSWORDS STORY ATTACHED

These images are also too small a print size. For screen
shots, just save them as you capture them--don't do any resizing or
upsampling. They'll come to me at 72 dpi but at a large enough print size
that when we make them smaller, they'll have decent enough resolution.

I'll need the correct screen shots by Friday.

Thanks so much!
Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Monday, January 29, 2007 3:32 PM
Subject: PASSWORDS STORY ATTACHED

Here you go - this ended up being long ---- about
2,400 words --so this should be $175 as well.

Thanks,
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 1/15/2007 1:35:33 PM
To: [JM]
Subject: Fw: Booking writers for Creative TECHniques Summer 2007 issue

Just to refresh your memory...

----- Original Message -----
From: "Natalie Rhinesmith, Editor"
<editors@creativetechniquesmag.com>
To: [JM]
Sent: Wednesday, November 29, 2006 3:21 PM
Subject: Re: Booking writers for Creative
TECHniques
Summer 2007 issue


> WOOHOO!!!
----- Original Message -----
From: [JM]
To: "'Natalie Rhinesmith, Editor'"
<editors@creativetechniquesmag.com>
Sent: Wednesday, November 29, 2006 2:45 PM
Subject: RE: Booking writers for Creative
TECHniques Summer 2007 issue

Hey - I'll do it - I'll prepare the outlines for you ASAP.
[JM]

From: Natalie Rhinesmith, Editor
[mailto:editors@creativetechniquesmag.com]
Sent: Tuesday, November 28, 2006 2:13 PM
>> To: [JM]
>> Subject: Re: Booking writers for Creative
TECHniques Summer 2007 issue
>>
>> I would love a Satellite Radio article covering
perhaps what it is and
>> how it works, a comparison of the services, a
description of the equipment
available, pros and cons. This would be
considered a light piece,
probably no more than 3 pages. You'd need to get
together some 300 dpi, print-ready
images for this article--very easy to get from
press pages on manufacturers websites (I can help you if you run into a
brick wall).


The Safe Mode article is going to be very heavy
on the tech language, so
there should be a lot to say. I would think 3
pages with a few screen
shots.

You could cover what to do when you
unintentionally boot into Safe Mode,
how to use Safe Mode to diagnose common problems,
etc. Our readers are prolly
familiar with accidentally booting into Safe
Mode and then freaking out;
we
want to help them overcome that by throwing
some education at them.
You'll
want to give them some how-tos on booting into
Safe Mode for diagnoses,
navigating through Safe Mode to troubleshoot,
and
getting out of Safe
Mode.

How does $150 a piece sound? If either of the
articles comes in longer
than
3 pages and can't be edited down (some articles
take on a life of their
own
once started), I'll pay you $175. Three pages
with images is usually
around
2200 words. Sorry to confuse you--when I say "3
pages," I mean the
article
should take 3 pages in the magazine itself.

The next step is just to send a brief outline
of the topics covered in
each article by 12/18. At that point, I'll look it
over, make sure we're on
the
same page, add anything I think should be
covered, and get it back to you
for completion by 2/2/07.
I'm really looking forward to working with
you!
--Natalie

----- Original Message -----
>> From: [JM]
>> To: "'Natalie Rhinesmith, Editor'"
<editors@creativetechniquesmag.com>
>> Sent: Wednesday, November 22, 2006 12:46 PM
>> Subject: RE: Booking writers for Creative
TECHniques Summer 2007 issue
>>
>>>I don't know which ones are heavy or light --
your list isn't organized
>>>that
>>> way.....
>>>
>>> WHAT ABOUT?
>>>
>>> Understanding Satellite Radio: how it works,
types of receivers, why you
>>> want it?
>>> *This seems like a long one to me.*
>>>
>>> Understanding Safe Mode: what it is and
why/when
you want to use it
>>> *This seems considerably shorter.*
>>>
>>> Let me know.
>>> Please advise on further directions.
>>>
>>> [JM]

--------------------------------------------------------------------------
----------------
EMAIL #3
Yep --- well when I do print screen it doesn't work on my
computer.
Trust me, someone has tried to teach me this before..... I don't
know why because my computer is new.....

So odd....
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/21/2007 3:24:49 PM
To: [JM]
Subject: Re: PAYMENT

It's shockingly easy. When you have up what you want to
capture, press Prt Scr to send it to the Windows Clipboard. Open a new blank image
in your image-editing program and Edit> Paste. Just save the image as it
appears as a jpeg and send it over.

For this time around, don't worry about it, but it will be
expected in future articles.



--------------------------------------------------------------------------
------------------------------
EMAIL #4
Ok, papers are being processed. I'll see you in court.

Thank you,
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/26/2007 8:33:11 AM
To: [JM]
Subject: Re: Payment problem

[JM]: This is our final correspondence. You did not provide
either article in full--you knew print-ready photography was needed all
along--so I am in no way required to provide you with a kill fee or other
payment.


Thank you,
Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Saturday, February 24, 2007 6:56 PM
Subject: Re: Payment problem

My attorney advised me to offer a kill fee of 50% for
this ---- he believes that this is fair for the time and effort you
contracted me for. He also wants to remind you that an email is a contract
and our original agreement after responding to your ad didn't include
photos --- photos were talked about later.

Let me know if you accept this fee....or I will tell him
to go ahead with papers and the BBB complaint.

Thank you,
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/23/2007 9:23:32 AM
To: [JM]
Subject: Re: Payment problem

Contacting you with quotes is a good faith business
agreement; the payment was predicated on receiving the manuscripts with
print-ready images. If you have any emails that state otherwise, please
forward them to me. Again, I would've published your manuscripts had they
been provided with the imagery required.

Thank you,
Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Thursday, February 22, 2007 3:30 PM
Subject: Re: Payment problem

First of all, I told you I had been very ill ----
and then had vacation.

And I did email you when I got back saying I
emailed them and after telling them the publication name, they did not send
images, perhaps they didn't want them in your magazine in the first place.

This was not booked in good faith, you contacted
me with quotes of how much I would be paid ...also --- I signed nothing with
you that photos had to be submitted to be paid (no contract was between us
like you said), thus the payment is ACTIVE and PENDING. In fact, not
having a contract is what will make you obligated to pay me even more.

If I don't hear anything, I will be filing NJ
court papers and will be pursuing the BBB with feedback about the publishing
company that runs your magazine.

Thanks,
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/22/2007 2:58:45 PM
To: [JM]
Subject: Re: Payment problem

Can you understand that I'm not concerned with
what you have to go through to get the images that are half of your article and
all of your responsibility
, only that the images are provided according to
the Writer/Designer Guidelines by the date needed? In this case, neither
of your articles had images I could use, which makes the articles themselves
unuseable. As it is, I contacted you immediately upon receipt of the
manuscripts to give you another chance to get the proper images to me. I
had no problem waiting a week because your email responder said you were away.
But you didn't even contact me once you got back--you waited for me to
contact you, then told me your friend hasn't responded. Without useable
photos, I have nothing to publish, just a bunch of words that no one will
read because there's nothing visual to demonstrate.

There is no contract between us as of yet (I send
them in March); these articles were both booked in good faith and would've
been published if they'd been provided with print-ready imagery.

I offered to help you, even though I am very busy
pulling this magazine together and working on the editorial staff of
another magazine. Why? Because I don't want you to have wasted your time. I
could've refused to accept your article at the point of submission once I saw you
were providing me with unusable imagery. But I didn't, out of good faith
and a desire to work together.

With the recent correspondence that has occurred,
let's just put this working relationship to rest. You have two very good
articles to publish elsewhere--I promise you I will not use them in any
way. As a matter of fact, I no longer have them. Again, I wish you luck in your
future endeavors (and I will recommend you to my online colleagues, who
are always looking for freelance writers). I'm sorry this didn't work out.

--Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Thursday, February 22, 2007 2:43 PM
Subject: Re: Payment problem

I'm not backing down, and you will be paying
me for the work. It took nearly 20 hours together for all that writing
PLUS all the correspondence back and forth with you.

Excuse me for my behavior, but I have never
had to wait 6 months after assignment for a payment...and I've written for
250 websites as well as about 20 magazines in my lifetime.

If need be, I will wait till May for my
money, because you assigned me work in which I completed, however, I will write
nothing more, and I'm sure you understand that.

Like I said I have emailed for radio photos
weeks ago and she emailed me once asking what publication, but never
responded after that. You said you would help with screenshots, but if
need be to be paid, I will figure it out myself.


You did contract me and are thus obligated
to pay me....
I have had lawsuits with this same argument
in the past and have won, for much more then the original debt owed, if only
clients would have just paid.....

I enjoyed writing, but this is my FT job and
no employer has made me wait 6 months for a check.

Thanks,
[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/22/2007 2:39:20 PM
To: [JM]
Subject: Re: Payment problem

I don't have a February issue, so I wouldn't
have told you that. No magazine would book a February issue in December,
[JM], it just doesn't make sense. I am not obligated to pay you for
work
that you didn't provide in full. The payment is predicated on receiving
print-ready photography to accompany the articles, which you did not do. I
have a full email trail of our correspondence and will be forwarding them
to
you to refresh your memory on our past discussions (I've had to do that
several times in the past, as I recall).

Let's call it a day on this. I do wish you
luck in whatever future endeavors you work on.

Thank you for trying to pull this
together--I
do acknowledge your effort.

--Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Thursday, February 22, 2007 1:55 PM
Subject: Re: Payment problem

NOTE: You told me these articles were for
the February issue, that's why I kept asking you about payment thinking
that it would be sent to me 2 weeks from this Tuesday.

You have contracted me to do these two
pieces and to pay me $350 for the completion of them, which I have done. I
asked for your help with photos.

You are obligated to pay me for this
work.
Whether we compromise about when I'm
paid --I'm willing to wait till Early April.
If not, I have no problem suing you for
the money --I have had to do this in the past.

[JM]

-------Original Message-------

From: Natalie Rhinesmith, Editor
Date: 2/22/2007 8:37:54 AM
To: [JM]
Subject: Re: Payment problem

[JM]: I have ALWAYS made it clear that
payment is due on publication and that the on-sale date of the Spring 07
issue was 2/20 and the Summer 07 issue is 5/22. It doesn't matter if you
turn the work in early--this is a magazine, we have contracts that state
the time of payment (contracts will be mailed in March), as well as me making
it clear way back when you first contacted me.

I made everything clear in the Craigslist
ad as well. I have had a difficult time working with you, as I have made
everything as easy as possible for you from the get go, including
increasing your pay from my stated budget. You cannot get me the images that are
included in your fee, and yet, you want me to pay you earlier than I've
stated all along.

Let's call this whole thing off at this
point.

Thank you,
Natalie

----- Original Message -----
From: [JM]
To: Natalie Rhinesmith Editor
Sent: Thursday, February 22, 2007 12:34 AM
Subject: Payment problem

Wait...I have to wait till May for my
money?! $350!
That's 5-6 months after
assignment...that's nuts and unacceptable, that was never said to me when I blocked out the time to write these for you. I turned these in EARLY as well.

We need to discuss this.
I thought you said 2 weeks after turning
in the work, which should have been 2+ weeks AGO.

[JM]


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 Post subject:
PostPosted: March 16th, 2007, 1:17 pm 
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Posts: 1853
WRITER RESPONDS

From: [JM]
Subject: Re: (Fwd) Re: COMPLAINT about Creative TECHniques magazine
Date sent: Mon, 12 Mar 2007 12:03:52 -0500 (Eastern Standard Time)

The issue at hand is that she openly said she would help me get photos
because I was having trouble with screenshots as well as obtaining the
images from Satellite Radio. That help is documented in an email, and
because she openly said that she would help that leaves her even more
obligated to pay me for my work. I was not hired on spec, nothing in any
one email said that, and I don't do "spec" writing, I was told I would be
paid for my work and I still haven't.

I did email her both before and immediately after getting back from my
vacation about the status of the photos, she informed me she would help
me with them. I was always following up with her on my status of the
project, something I do with all my clients, something that clients say
contributes to the extreme professionalism I exhibit. If anything, hiring someone to
do work, openly saying they will help them, then terminating a contract
because one is frustrated, shows unprofessionalism.

Whether or not she chooses to realize it, she owes me the $350 for the
articles she contracted me for. She never said anything about being able
to terminate the agreement at any time....and like I have said before, I
will do anything I have to to guarantee I get that money.

I strongly urge writers do not work with this magazine, publishing
company and/or purchase their products.

Thank you,
[JM]


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 Post subject:
PostPosted: March 16th, 2007, 1:21 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
PUBLISHER RESPONDS

From: "Natalie Rhinesmith, Editor" <editors@creativetechniquesmag.com>
To: <angela@booklocker.com>
Subject: Re: Response to allegation by [JM]
Date sent: Tue, 13 Mar 2007 08:59:29 -0500

I followed up with her on 3/5 about her images and she didn't get back to
me until I followed up with her a second time on or about 3/12, at which time
she told me she was having a hard time getting a response from her friend,
whom she had given the responsibility to (something I was unaware of--if
she opted to do that on her own, she needs to realize *she* is still
ultimately responsible). I absolutely would've helped her with her images, had the
trouble not arisen with her confusion about payment BEFORE I had a chance
to help.


She argued with me about payment on publication, something that was
clearly stated several times (as you can see from the email trail I provided in my
other email). I often work with writers who are new to our publication,
and I've often stepped beyond my responsibilities to help them pull
spectacular articles together. But [JM]'s unprofessional reaction to our payment
schedule--something that was made clear over and over to her--was the
reason our professional relationship was terminated, before I had a chance to
help her get *her* imagery together (something I'm not required to do,
something that was made clear to her was part of her article responsibilities).


This is nothing more than a writer who is angry that things didn't go her
way, a direct response to her disappointment in misremembering our payment
schedule (something I didn't hide from her). I think it's wonderful that
there is a legitimate outlet for writers to complain about publishing
experiences; however, it has to be understood that sometimes writers are
at fault. Had [JM] not essentially launched an attack about her payment
confusion, had she not tried to turn the facts stated multiple times into
an argument, I would've gone beyond my responsibilities to help her pull her
images together, as a personal favor from editor to writer. She ruined
that relationship before I could assist. [JM] needs to realize that
deadlines are tight, that editors don't have time to constantly remind her of
payment schedules and her responsibilities. Writers are sometimes at fault, and
this is the case in point.

You can clearly see that the payment schedule was pointed out to her
repeatedly, she knew payment was due on publication, and she knew the date
of publication. If there was any confusion, it was purely on her part.
Yesterday, I included a copy of the email with [JM]'s reaction to
finding out that, yet again, she was wrong about the payment date. I'm not going
to do a favor for someone who essentially reacts on their own confusion by
attacking me and disputing well-known facts.

I would like to get this matter resolved without either of our
professional reputations tainted. We do not owe [JM] any money, her writer
responsibilities were not met. The agreement was that she would provide
articles with imagery and be paid on publication. She did not provide
articles with imagery. I offered to assist her. She created a problem
around her confusion over the payment schedule. I terminated our professional
relationship to concentrate on articles that came in from other writers
complete with proper imagery. The case is clear, here. Sometimes the
writer is at fault. I wish [JM] much luck with her other endeavors.

Thank you,
Natalie Rhinesmith (Editor)


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 Post subject:
PostPosted: March 16th, 2007, 1:22 pm 
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Posts: 1853
WRITERSWEEKLY RESPONDS

From: Angela Hoy
To: "Natalie Rhinesmith, Editor" <editors@creativetechniquesmag.com>
Subject: Re: Response to allegation by [JM]
Date sent: Tue, 13 Mar 2007 13:47:49 -0400

Hi Natalie,

Let me see if I have this right:

You assigned the article.
[JM] wrote and submitted the article.
You offered to help her obtain images.
[JM] complained about the payment terms.
You didn't help with the images because by then you'd already terminated
the relationship because she complained about the payment terms.

Is this correct?

Angela
WritersWeekly.com


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 Post subject:
PostPosted: March 16th, 2007, 1:24 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
PUBLISHER RESPONDS

From: "Natalie Rhinesmith, Editor" <editors@creativetechniquesmag.com>
To: <angela@booklocker.com>
Subject: Re: Response to allegation by [JM]
Date sent: Wed, 14 Mar 2007 08:48:17 -0500
Copies to: "Darren Cohen" <dcohen@allamericancrafts.com>

Almost, but not quite.

1) I assigned the article and images, stated payment terms upon
publication
2) [JM] wrote and submitted the article *with unusable images even
though I had provided her with instructions on how to submit the images long
before the due date (and reminded her about it several times before the due
date)*
3) I notified [JM] about the unusable images, she was on vacation and
didn't get back to me for nearly two weeks; when she did, she told me a
friend that she'd given the image responsibility to hadn't gotten back in
touch with her so she "didn't know what was going on" (I assigned the
images to her, not to her friend)
4) I offered to help her because [JM] was a first-timer with Creative
TECHniques, but before she accepted my help...
5) ...[JM] disputed the payment terms in a very unprofessional manner
so, after I reminded her she was aware of the payment terms from Day One, it
was apparent to me we couldn't continue our working arrangement, so I wasn't
able to help her pull the images together.


I really appreciate your intervention in this matter.

Thanks,
Natalie


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 Post subject:
PostPosted: March 16th, 2007, 1:25 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
WRITERSWEEKLY RESPONDS

From: Angela Hoy <angela@booklocker.com>
To: "Natalie Rhinesmith, Editor" <editors@creativetechniquesmag.com>
Subject: Re: Response to allegation by [JM]
Date sent: Fri, 16 Mar 2007 12:35:22 -0400
Copies to: "Darren Cohen" <dcohen@allamericancrafts.com>

Hi Natalie,

Just because an author is confused about, or gets upset about, payment
terms is not, in our opinion, a valid reason to terminate a
contract...especially when the writing work has already been done.

We're going to publish this in WritersWeekly. Our readers can make their
own determination about whether they want to do business with your firm.

It is our opinion that you should assist her with finding images, as you
promised, and you should pay for the articles.

Angela Hoy
WritersWeekly.com


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 Post subject:
PostPosted: March 22nd, 2007, 12:12 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
REGINA SAYS:

Hi Angela,

I am writing in response to your request from others regarding the tech
magazine dispute. After reading through all the correspondence, one
common theme keeps coming to the surface for me..miscommunication. It
appears to me that there was a request for payment before all the
obligations (i.e. the photos) were submitted. Likewise, the editor did
the same jumping of the gun by severing the contract and ending their
agreement without clarifying the expectations.

In a perfect world, the editor should have responded to the request for
payment by explaining the photos for the article were not submitted and
that payment, as stated in the initial emails, would be paid upon
publishing. The writer dropped the ball by assuming (we all know how
badly that can go!) the editor would add the photos on their own.

Bottom line, since the work was not published, as stated in the terms of
their agreement, there should be no expectation of payment. This all
could have been avoided if the writer had acquired the photos on their
own. This would give the editor no reason whatsoever to withhold
payment.

Thank you for advocating for and informing writers of deadbeat
publishers.

Sincerely,
Regina


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 Post subject:
PostPosted: March 22nd, 2007, 12:13 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
JAN SAYS:

Hi Angela!

I just wanted to share a comment about Creative TECHniques not paying for
any article. I think the Editor is correct in this case and the writer
should not be paid.

It was spelled out at day one that pictures were to be included. If the
writer could not have got the pictures in, she should have communicated
that to the Editor right away. I was a little concerned by this writer
not knowing how to do a print screen writing a technical article; she
should have written about something less technical for the great list of
suggested articles that were provided.

Creative TECHniques has agreed not to publish the articles; I think the
"kill fee" principal is being miss used here. I feel kill fees are for
when the article is what the Editor wanted and the Editor changes their
mind about using the article. The Editor in this case never received a
completed article.

Just my two cents!

Jan Watts
(you can use my name if you want to)


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 Post subject:
PostPosted: March 22nd, 2007, 12:18 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
L.A. magazine editor says:

Hi, Angela. Thanks for asking for reader comments about the Creative
TECHniques magazine situation. It seems to me that it simply got blown
out of proportion. Some sort of kill fee should have been paid--done.
Feeling that someone is being unprofessional doesn't give you license to
cancel contracts or be unprofessional yourself. I do feel for the editor
(and the writer) because it sounds like a frustrating situation, but I
believe that if she stepped out of it a bit and looked at it from an
objective point of view, she would see that paying a kill fee (they can
negotiate the exact percentage between themselves) is the professional
thing to do.

I would also suggest that the editor provide a contract as soon as an
author accepts an assignment. Spell out all payment dates, kill fees,
etc. I don't understand why this didn't happen. It seems to be asking
for trouble.

Please sign me,

L.A.
magazine editor


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 Post subject:
PostPosted: March 22nd, 2007, 12:22 pm 
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Posts: 1853
ISAAC SAYS:

Angela,

I'm a writer and an editor. I can sympathize with both sides. But for this
one, I have to side with the publisher. I think she made it clear that she
needed art for publication and payment is on publication. It seems that JM
had trouble getting art from her sources. When she experienced this
trouble, she should have contacted Natalie right away (instead of asking a
friend to find art). I work at a newspaper where we have daily deadlines,
not a deadline in a few months. We need art as bad as anybody. If you need
a response, don't send an e-mail (like JM did with satellite radio). If
you need something, go get it. E-mail puts the "ball in their court,"
which is often unacceptable in this business. JM should have called and
talked to a real person and gotten a promise for art. If she couldn't get
that promise over the phone, then she should have contacted Natalie right
away for help.

The whole thing about payment terms is pretty irresponsible on JM's part
too. It's laid out pretty clear it seems like. I think it is OK for an
editor/publisher to terminate a relationship if the writer is
unprofessional, especially if the editor/publisher keeps her cool and
doesn't get into an e-mail battle like we often see on your site. And even
more especially if the writer consistently gets the assignment wrong or
"confused."

Editors/publishers rely on writers. This can work for and against writers.
natalie relied on JM to get certain things and JM didn't get them and
didn't ask for help until it was too late (or at least too close to being
too late). If JM does this for a living she should know that she needs to
respond quickly and accurately to editors/publishers. Editors/publishers
have more to do than just handle writers and their works. They can't spend
their time babysitting. It seems Natalie was more than patient and more
than fair.

Just my 2 cents,
Isaac


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 Post subject:
PostPosted: March 22nd, 2007, 2:35 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
CHAY SAYS:

About this non-payment" issue, in my most humble opinion...

There was an offer and there was acceptance. Therefore there was a "deal"
in the legal sense of the word. The writer should be paid. Perhaps she
should have done a better job, but the editor does not have to hire her in
the future if she does not feel the woman is mature or easy to work with,
or competent.

It really sounds like the writer may be a loose cannon and not so
responsible. The only thing worse than bandying excuses is laying blame.
It sounds like the editor is very competent and probably a decent woman,
but she probably took a dislike to the writer and in a power move decided
to ban her from her paycheck...to "win".

What did I learn from this?

*Never insult an editor* They have a big job and they do not have the
time or the patience for nonsense. You do your job so they can do theirs.
If you waste their time with nonsense, and add a cherry to the pie by
annoying them, they may find a way to get back at you, and it WILL be
painful. If you feel the desperate need to lash out, wait until you have
been paid and the cheque has cleared (and you have 6 more gigs lined up
before the word gets out that you are an idiot).

Even reading this and seeing who is right and who is wrong, the most
important thing about this is it's honesty. It shows that this person is
most likely great to work for, while the writer in question might
be...well, I don't want to be harsh. Losing it on an editor shows lack of
discipline. If the relationship between a writer and editor is all about
"TRUST" (my favourite guy's freelance success book), well how can you
trust a loose cannon?

Great lesson,Angela! Thanks for sharing....

~chay


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 Post subject:
PostPosted: March 22nd, 2007, 2:37 pm 
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Posts: 1853
AMY SAYS:

Angela,

I think there are problems on both sides of the JM vs Natalie issue.
Using email as a contract can be touchy, apparently, as it appears at
least one party was confused about the terms.

However, if that person (JM) agreed to this type of contract, then it is
her responsibility to adhere to its terms. I wouldn't want to work under
terms that paid me upon publication, as they might decide never to
publish it. In this case, it appears there was some sort of back- up for
this situation, as payment was agreed to for May.

The "payment upon publication" issue would have been resolved and
made much clear if the folks used a signed contract. I believe that JM's
responsibility was to read Natalie's email carefully before agreeing to
the terms. She can't go back and say she didn't understand them,
therefore payment is due sooner.

Conversely, Natalie shouldn't have used the lack of images as a
reason to terminate their agreement, as she offered to help with
images. She can't say they are JM's responsibility if she's offering to
help. If she feels it was all JM's responsibility, then she shouldn't
have offered to help in the first place--and it should be spelled out in
the contract that images are the particular responsibility of the author,
and nobody else.

In the end, Natalie owes JM money. They were both working under the idea
that JM would write the articles, and be paid in May, upon publication.
Natalie should suck it up and find the images herself, and pay JM in May.
JM should suck it up and wait until May to be paid.

And next time, I think they should use a signed contract. A letter is
good enough! Good fences make good neighbors--a contract makes everything
clear to each, so there are no hard feelings.

Amy Kalinchuk
Author: _Making Soap In Your Own Kitchen_
find the ebook here: http://www.soapcrone.com/ebook.php


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 Post subject:
PostPosted: March 22nd, 2007, 7:14 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
WRITER SENDS IN CLARIFICATION:

From: JM
To: Angela Hoy
Subject: ABOUT DISPUTE
Date sent: Thu, 22 Mar 2007 14:36:15 -0500 (Eastern Standard Time)

I'm reading people's comments and I don't think they realize I DID submit
screenshots to her -and she said she couldn't use them, so she wanted me to
get MORE photos for her and not use the ones I sent.

[JM]


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 Post subject:
PostPosted: March 23rd, 2007, 2:26 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
SHERRY SAYS:

This is in response to the editor that said she would help writer find
photos to accompany 2 assigned articles and did not do that. The writer
submitted the 2 articles as requested.

After over 20 years freelancing I have seen a few things. Worse than this,
but this is not good either. The editor should pay the writer. Writer did
as requested; editor did not do as promised.

Editor should fork over.

Sherry Hanson
Brunswick, Maine


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