This publisher told WritersWeekly they pay, but read the exchanges below! They then tried to say they never authorized WritersWeekly to publish their information. Proof that they did is also below. It is our opinion that all writers should avoid this outfit.

From: Angela Hoy
To: stan@nna.org, schwartzsa@missouri.edu
Subject: COMPLAINT about Publisher's Auxiliary / nna.org
Date sent: Mon, 06 Nov 2006 16:16:46 -0500


November 6, 2006

Publisher's Auxiliary
P.O. Box 7540
Columbia, MO 65205-7540
P(800)829-4662
F(573)884-5490
Email stan@nna.org, schwartzsa@missouri.edu
Website http://www.nna.org
Stanley Schwartz, Managing Editor

WritersWeekly.com has received a complaint about:
Publisher's Auxiliary / nna.org

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.

[AC] (name not published here but was, of course provided to the
publisher) alleges you published her article without notice and then
stated you don't pay for articles, despite information you have
provided to WritersWeekly in the past. She is requesting payment
of $50 for unauthorized publication of her work, which matches
the payment terms you authorized to be published on WritersWeekly.com.
See complete allegation and your previous correspondence with
WritersWeekly.com 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 ... 8_09132006.
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.

Angela Hoy
Publisher
WritersWeekly.com

~~~~~~~~~~~~~~
THE COMPLAINT
~~~~~~~~~~~~~~

From: [AC]
Subject: Recent Writer's Burn
Date sent: Fri, 03 Nov 2006 16:02:42 +0000

My name is [AC]. I thought I'd let you know about my recent
situation of writer's burn. I responded to your posting a few weeks back
by Publisher's Auxiliary (contact Stan Schwartz, managing editor).
I submitted an article that I thought fit what they were asking for.

Yesterday I received an e-mail from a reader of Publisher's Auxiliary
saying they enjoyed my article in the November publication. I was
confused. I'd never heard anything back from PA, least of all any info. on publishing
my piece. So I emailed Stan. He promptly replied saying they don't contact
writers before they publish their pieces or even pay them for their
work.

I would never submit another piece to PA. And I don't think anyone who
subscribes to your list would find them beneficial to work with, as
their work will be used without permission or compensation.

If you have any questions regarding this problem, let me know. And
thanks for everything WritersWeekly does. I find it incredibly useful and
recommend it to all my writing friends.


From: [AC]
Subject: Re: Recent Writer's Burn
Date sent: Sat, 04 Nov 2006 02:43:31 +0000

Angela,

The advertisement in WritersWeekly states PA pays
$35-$50 for 500-700 words. My article was just over 800 words.

Here's the website with Stan's and other's contact info. Unfortunately,
it's the National Newspaper Association's website. You'd think a writer
could expect at least some level of professionalism from such a big
organization. I'm really disappointed.

http://www.nna.org

I've e-mailed Stan and the executive director Brian Steffens about the
situation. Haven't heard back yet.

[AC]


EMAILS EXCHANGED BETWEEN WRITERSWEEKLY AND THE PUBLISHER AUTHORIZING
WRITERSWEEKLY TO PUBLISH THEIR MARKET LISTING.


Date: Wed, 28 Jun 2006 14:07:42 -0500
Subject: Re: (Fwd) Stan - Need Publisher's Auxiliary update
From: Stan Schwartz <schwartzsa@missouri.edu>
To: Angela Hoy

> ------- Forwarded message follows -------
> From: Angela Hoy <angela@writersweekly.com>
> To: stan@nna.org
> Subject: Stan - Need Publisher's Auxiliary update
> Send reply to: angela@booklocker.com
> Date sent: Fri, 28 Apr 2006 16:35:18 -0400
>
> Hiya Stan,
>
> Hope you've had a great year. :)
>
> Your market listing appearing on WritersWeekly.com
> is one year old and we need you to review it for accuracy.
>
> Common items that usually need updates are the contact info.
> and "current needs" Please make any necessary changes and
> forward back to me ASAP via email.
>
> If all is well, please send a short note of approval.
>
> Have a beautiful afternoon!
>
> Hugs,
> Angela
>
> P.S. If your guidelines are now online, can you send me
> the webpage where they appear? Or, can you email them to me?


http://www.nna.org/PubAux/Editorialguidelines.htm


> Publishers' Auxiliary, P.O. Box 7540, Columbia, MO 65205-7540.
P(800)829-4662.
> F(573)884-5490. Email stan@nna.org.
> Website http://www.nna.org. Stanley Schwartz, Managing Editor. 75%
freelance.
> "Publishers' Auxiliary is a trade newspaper for community newspapers. It
is
> owned and operated by the National Newspaper Association. It covers news
about
> the newspaper industry, specifically community newspapers. It features
how-to
> articles and columns on running a newspaper operation." Welcomes new
writers.
> Circ 5,800. Monthly. Pays at the end of month when the article is
published.
> Period between acceptance and
> publication varies. Buys first N.A. rights. Accepts reprints. Responds 1
week.
> Sample by mail with 10x13 SASE with at least $0.65 postage. Subscription
$85;
> $95 outside the U.S. Guidelines by mail with SASE or email. CURRENT
NEEDS: "We
> are seeking stories about community newspapers and what they are facing
in
> their local markets. Articles can be about ethical considerations to
the
> difficulties of hiring new reporters." Pays flat fee of $35-$50 for
articles
> of 500-700 words. Submit query with
> story idea. PHOTOS/ART: "We accept print or electronic versions.
Photoshop EPS
> files, TIFF or JPEG files." Pays $35 per used photo. HINTS: "The most
common
> mistake is people thinking Pub Aux has anything to do with the
book-publishing
> industry. Another mistake is people not truly understanding how
newspapers
> function and the needs of publishers."


Date sent: Wed, 25 May 2005 09:00:54 -0500
Subject: Re: Stanley - Need Publisher's Auxiliary update
From: Stan Schwartz <schwartzsa@missouri.edu>
To: <angela@booklocker.com>

> Everything here is still accurate.
>
> Thanks,
>
> Stan.
>
>
> On 5/24/05 8:01 PM, "Angela Hoy" <angela@booklocker.com> wrote:
>
> > Hiya Stanley,
> >
> > Your market listing appearing on WritersWeekly.com
> > is one year old and we need you to review it for accuracy.
> >
> > Common items that usually need updates are the contact info.
> > and "current needs" Please make any necessary changes and
> > forward back to me ASAP via email.
> >
> > If all is well, please send a short note of approval. :)
> >
> > Have a beautiful afternoon!
> >
> > Hugs,
> > Angela
> >
> > Publisher's Auxiliary, P.O. Box 7540, Columbia, MO 65205-7540.
P(800)829-4662.
> > F(573)884-5490.
> > Email stan@nna.org. Website http://www.nna.org. Stanley Schwartz,
Managing
> > Editor. 75% freelance. "Publishers' Auxiliary is a trade newspaper
for
> > community newspapers. It is owned and operated by the National
Newspaper
> > Association. It covers news
> > about the newspaper industry, specifically community newspapers. It is
monthly
> > and features how-to articles and columns on running a newspaper
operation."
> > Welcomes new writers.
> > Circ 5,800. Monthly. Pays at the end of month article published.
Period
> > between acceptance and publication varies. Buys first N.A. rights.
Accepts
> > reprints. Responds 1 week.
> > Sample by mail with 10x13 SASE with at least $0.65 postage.
Subscription $85;
> > $95 outside U.S. Guidelines by mail with SASE or email.
> > CURRENT NEEDS: "We are seeking stories about community newspapers and
what
> > they are facing in their local markets. Articles can be about
ethical
> > considerations to the
> > difficulties of hiring new reporters." Pays flat fee of $35 - $50 for
articles
> > of 500 - 700 words. Submit query with story idea.
> > PHOTOS/ART: "We accept print or electronic versions. Photoshop EPS
files, TIFF
> > or JPEG files." Pays $35 per used photo.
> > HINTS: "The most common mistake is people thinking Pub Aux has
anything to do
> > with the book-publishing industry. Another mistake is people not
truly
> > understanding how
> > newspapers function and the needs of publishers."
> >
> > OPTIONAL but we'd love it if you'd give us a laugh for our humor
column:
> > We feature a humorous monthly column at WritersWeekly titled
> > "What NOT to Say to an Editor." Please share with us a quote
> > describing the worst statement a writer has ever made to you
> > and/or your publication, verbally or in writing:
> >
> > May we quote you?
> >

PUBLISHER RESPONDS

From: Stan Schwartz <schwartzsa@missouri.edu>
To: Angela Hoy
Subject: Re: COMPLAINT about Publisher's Auxiliary / nna.org
Date sent: Mon, 06 Nov 2006 15:51:42 -0600

Angela,

Thank you for your note.

I¹ve put the communications between [AC] and me chronologically.

Original submission:

Mr. Schwartz,

My name is [AC]. I'm former managing editor of the Tremonton
Leader and journalism graduate of BYU. I'm currently a free-lance journalist
and author. When I saw your publication, I was immediately interested in
writing for it. I'd like to write a step-by-step article teaching small-town
journalists how to handle violations of Freedom of Information laws in
their areas.

Here is an unpublished personal piece about my experience at a weekly
paper that you're welcome to publish if it fits your current needs. If nothing
else, it should help you become more acquainted with my writing style
and background before answering my query.

I hope this e-mail finds you well. I look forward to hearing from you
soon.
_________________________

After her article ran in Pub Aux, she sent me this one.

Hello. My name is [AC]. I submitted an article a few weeks ago
about my experience at a weekly newspaper. I haven't heard back anything on
this until today when a reader e-mailed me saying they enjoyed it in the
November issue of Publisher's Auxiliary. I didn't even know it was published.
I wish I'd been contacted about this. Does anyone know what's going on?

Thanks!

________________________

I then sent her this reply

From: Stan Schwartz <schwartzsa@missouri.edu>
To: [AC]
Subject: Re: My article was published?
Date: Thu, 02 Nov 2006 16:44:49 -0600

Sorry,

I meant to send you a note, letting you know that I placed your column
on our Op-Ed page.

I'll send you a hard copy of Pub Aux. Let me know where to send it.

Stan.
___________________

She responded with this message

Good morning Stan,

Thanks for the quick reply.

I admit, I'm a little confused. I submitted my material in good faith,
assuming I would be at least contacted before my it was used. Is this
your standard procedure? Will I be paid?

I'd love to see it. And I'm glad readers have contacted me saying they
enjoyed it.

Here's my address:
(removed for publication)

[AC]
___________________

I then replied to her with this e-mail

Hi [AC],

Normally, I do not pay for Op-Ed pieces, but because your's was more like
a column, I will add you to the pay sheet with the other columnists who do
receive pay instead of a trade out for ads. I pay $50 for articles and
$35 for photo.

But to avoid confusion in the future, I will not run any more of your
articles.

Stan.

___________________

After seeing her complaint to my publisher, I sent her this note.

[AC],

Lynn Edinger forwarded me the complaint you sent concerning your column,
which ran in the November Publishers' Auxiliary. I have looked at the
list of people you sent it to and thought you may also want to contact the
Publishers' Auxiliary Committee. These are the members of the National
Newspaper Association that oversee the operation of Pub Aux.

Committee Co-chairs
Jeb Bladine jbladine@newsregister.com

Robert Williams rwilliams@theblacksheartimes.com

Committee members
Bill Miller billmiller@emissourian.com

Jerry Bellune jerrybell@aol.com

Bob Sweeney Bsween1@aol.com

Larry Jackson ljackson@journal-spectator.com

John Hatcher jhatcher@syr.edu

Skip Nichols snichols@wcmessenger.com

Chip Hutchenson chiphutcheson@timesleader.net

Staff
Brian Steffens briansteffens@nna.org

Cindy at NNA nnasales@adelphia.net

Tonda Rush tonda@nna.org

If you are still concerned about the operation of Pub Aux and my
conduct, you may also want to contact the association's president, Jerry Tidwell,
jtidwell@hcnews.com and NNA's vice president, Steve Haynes,
schaynes@nwkansas.com. If you would like to reach the broader audience
of Pub Aux, you also have the option of writing a letter to the editor. The
deadline for the December issue is Nov. 15.

Normally, Pub Aux pays out at the end of the month for columns published
at the beginning of the month. I am going to submit the paysheet today in
hopes that it will go out early. I also noted that you requested an increase
in the amount, based on an old listing (it's a free listing service). I
have made that adjustment as well. The hard copy of Pub Aux should arrive
before your payment. You should not have taken my words so harshly. You are an
excellent writer.

Sincerely,

Stan Schwartz
Managing Editor
Publishers' Auxiliary

I also sent a note to your company this morning asking that the
Publishers' Auxiliary listing on your site be removed immediately.

Thanks,

And have a great day.

Stan.

What he left about above was that he told the writer he would pay her if she signed their contract. (You can see a copy of their further below.)

WRITER RESPONDS

From: [AC]
To: Angela Hoy
Subject: RE: (Fwd) Re: COMPLAINT about Publisher's Auxiliary / nna.org
Date sent: Tue, 07 Nov 2006 00:06:32 +0000

After I contacted PA myself about the situation, they told me if I sign
their writer's contract, they'll send me payment. We'll see if it happens.
I'll let you know.

I also got a letter from Brian Steffens saying it is their policy not to
pay writers, that the post in WW was out of date. And he didn't think Stan's
failure to contact me about getting published was out of the ordinary.

Thanks for everything.

[AC]

Bold font below was placed there by WritersWeekly, not by the writer.

WRITER RESPONDS TO PUBLISHER

From: [AC]
To: steffensb@missouri.edu, schwartzsa@missouri.edu
Subject: PA complaint
Date sent: Tue, 07 Nov 2006 01:04:19 +0000
Copies to: Angela Hoy

Thank you for the follow-through, Stan and Brian.

If I was responding to an out-of-date posting regarding payment, I'm
sorry. From my point of view, Writer's Weekly's information was up-to-date. I
had no way of knowing otherwise.

Payment is only part of the issue. I’ve been the editor of a publication
with little means. I understand the need to rely on writers’ goodwill. I
seek payment to insure PA will not repeat this situation with another
writer in the future.

I'm truly sorry that this situation got out of hand. I still have respect
for PA and what it stands for. But for an editor to publish someone's
piece without letting them know still seems to me a strange practice. Writers
need knowledge of their publications, even if they're not receiving payment for
their work. If it hadn't been for a reader's e-mail, I still wouldn't know
PA used my piece. This may seem like a minor oversight to the two of you.
But to any writer, this is unacceptable.

That Stan failed to notify me of my work’s publication, or even
acknowledge receipt of my original query letter, is not a professional practice. Then
to punish me by refusing to look at my future work when all I did was send a
friendly e-mail regarding the status of my submission—this goes beyond
unprofessional. He was merely being rude.

Again, my purpose in insisting payment is for insurance that this
situation will not repeat itself with another writer. I truly hope other writers’
experiences with PA have been and will be better than mine.

As for your contract, it says "author shall indemnify Publisher and hold
harmless Publisher from and against any and all claims, actions, losses,
costs and liabilities based on or arising out of claimed infringements."

An infringement on my work has already occured.

It also states in point four that unless otherwise agreed to in writing
and signed in writing by both parties, I will not be paid.

I don't see how signing this contract will guarantee payment for my work.
I'll be happy to send it in once I've received a check.

Regards,

[AC]

PUBLISHER RESPONDS TO WRITER

From: Brian Steffens <steffensb@missouri.edu>
To: [AC], Stanley Schwartz <schwartzsa@missouri.edu>
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 10:31:00 -0600
Copies to: Angela Hoy

Thanks, [AC]:

Again, I apologize for the trouble you've experienced. To avoid the Catch
22 (we don't issue checks without the signed agreement), simply cross out
and initial that point 4, sign it, return it, we'll co-initial the
elimination of the "no pay" point, and send it back along with the check.

Our practice has been, should be, and will be to notify writers of
intended publication of their material. The fact that this step was missed in
this case does not set a new policy precedent for the future. Intent to
publish is usually a given since we rely on known, assigned writers.

As a writer, I appreciate the desire and need for a response to
inquiries and submissions. As an editor, I am also cognizant that there are times
when the volume of inquiries and unsolicited materials exceeds our ability to
respond, and still get our work done and meet our deadlines.

This has been an unfortunate result of downsizing our staff by half a
couple of years ago. We will continue to strive to improve on this.

Sincerely,

Brian Steffens

WRITERSWEEKLY EMAILS WRITER

From: Angela Hoy
To: [AC]
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 11:49:29 -0500

This is Angela Hoy at WritersWeekly.com.

PA told you the information on WritersWeekly is out of date (they
approved the listing in June)? Then why do their own writer's guidelines, which are
online right now here - http://www.nna.org/PubAux/Editorialguidelines.htm -
say they are a paying publication?

My personal opinion is that they're trying to pull the wool over
your eyes, [AC]. And, yes, I'm copying them on this email.

Angela

PUBLISHER RESPONDS TO WRITERSWEEKLY

From: Stan Schwartz <schwartzsa@missouri.edu>
To: Angela Hoy
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 11:16:01 -0600

Angela,

Pub Aux has stated it would pay [AC] what she has requested (as shown
in the e-mail responses I sent you yesterday). See Brian Steffens' response
to [AC]'s e-mail below, which was cc'd to you earlier today.

I looked at the information on your site about Publishers' Auxiliary and
it lists both the per-word payment (which is out of date) and the $50
payment, which is current. Again, I must insist you remove Publishers'
Auxiliary's listing from your site. See the attached PDFs of your site with this
information.

Stan.

ANOTHER PUBLISHER REP EMAILS WRITERSWEEKLY

From: Brian Steffens <steffensb@missouri.edu>
To: Angela Hoy, [AC]
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 11:16:34 -0600

There is nothing in the posted guidelines about a per-word fee or
payment schedule. And all this is moot since first thing yesterday we agreed to
pay [AC].

We were asked to make it right; we agreed to her terms. I'm not sure why
this is stretching out over several more days. We made a mistake, we
took quick action to correct our mistake. We've offered several apologies.

What else are you looking for; why are you all prolonging this with
endless email go-rounds?

Brian Steffens

WRITERSWEEKLY RESPONDS

From: Angela Hoy
To: Brian Steffens <steffensb@missouri.edu>
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 12:46:31 -0500
Copies to: [AC], schwartzsa@missouri.edu

You told her you don't pay. Your guidelines state you do pay.
Are you going to try to tell me that the statement in your guidelines
that says "Pay for stringers and columnists is flexible" means that
you pay nothing?

Why are you advertising that you pay and then telling writers you don't?

Angela

PUBLISHER RESPONDS

From: Brian Steffens <steffensb@missouri.edu>
To: Angela Hoy, [AC], Stanley Schwartz <schwartzsa@missouri.edu>
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 12:04:53 -0600

Angela:

I'm not sure why you're in this. Before [AC] had brought this to my
attention yesterday morning, Stan Schwartz had already agreed to pay her
more than double what we normally pay. I quickly concurred with Stan's
decision to pay her, to do right by her.

This all should have ended at that point (yesterday morning) ... Or at
least after my sincere apologies for the miscommunications (also yesterday
morning).

So what is the point of your two emails today?

And yes, in many cases, we run stories and columns for no pay. Some
contributors are happy to submit material for the good of the industry,
to share their knowledge. Pay isn't always their motivation. I never said
we didn't pay; but I did say we do NOT have a pay-by-the-word policy or
practice of any sort, and haven't had in the nearly five years I've been
with NNA.

I've never authorized an ad or listing in your publication, nor the pay
rates for Publishers' Auxiliary published in your publication. Where's
your apology for misrepresenting us to your audience?

COMMENT FROM WRITERSWEEKLY - THIS IS ENTIREY UNTRUE. SEE RESPONSE BELOW.

I've been sincere and proactive in attempting to resolve the issues with
[AC]. I'm trying to determine how you're helping the process.

Brian Steffens

WRITERSWEEKLY RESPONDS

From: Angela Hoy
To: Brian Steffens <steffensb@missouri.edu>, schwartzsa@missouri.edu
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 13:22:20 -0500
Copies to: [AC]

Hi Brien,

I am involved because:
1. [AC] asked me to be
2. Your writer's guidelines misrepresent your (non)payment policy

Below are the emails that authorized WritersWeekly to feature your
publication. Incidentally, this information was provided to you when
we first sent you the complaint notice:

> Date: Wed, 28 Jun 2006 14:07:42 -0500
> Subject: Re: (Fwd) Stan - Need Publisher's Auxiliary update
> From: Stan Schwartz <schwartzsa@missouri.edu>
> To: Angela Hoy
>
> ------- Forwarded message follows -------
> From: Angela Hoy
> To: stan@nna.org
> Subject: Stan - Need Publisher's Auxiliary update
> Date sent: Fri, 28 Apr 2006 16:35:18 -0400
>
> Hiya Stan,
>
> Hope you've had a great year. :)
>
> Your market listing appearing on WritersWeekly.com
> is one year old and we need you to review it for accuracy.
>
> Common items that usually need updates are the contact info.
> and "current needs" Please make any necessary changes and
> forward back to me ASAP via email.
>
> If all is well, please send a short note of approval.
>
> Have a beautiful afternoon!
>
> Hugs,
> Angela
>
> P.S. If your guidelines are now online, can you send me
> the webpage where they appear? Or, can you email them to me?

http://www.nna.org/PubAux/Editorialguidelines.htm

>
> Publishers' Auxiliary, P.O. Box 7540, Columbia, MO 65205-7540.
P(800)829-4662.
> F(573)884-5490. Email stan@nna.org.
> Website http://www.nna.org. Stanley Schwartz, Managing Editor. 75%
freelance.
> "Publishers' Auxiliary is a trade newspaper for community newspapers.
It is> owned and operated by the National Newspaper Association. It covers
news about> the newspaper industry, specifically community newspapers. It features
how-to > articles and columns on running a newspaper operation." Welcomes new
writers. > Circ 5,800. Monthly. Pays at the end of month when the article is
published. > Period between acceptance and
> publication varies. Buys first N.A. rights. Accepts reprints. Responds
1 week.
> Sample by mail with 10x13 SASE with at least $0.65 postage.
Subscription $85;
> $95 outside the U.S. Guidelines by mail with SASE or email. CURRENT
NEEDS: "We > are seeking stories about community newspapers and what they are
facing in > their local markets. Articles can be about ethical considerations to
the > difficulties of hiring new reporters." Pays flat fee of $35-$50 for
articles > of 500-700 words. Submit query with
> story idea. PHOTOS/ART: "We accept print or electronic versions.
Photoshop EPS > files, TIFF or JPEG files." Pays $35 per used photo. HINTS: "The most
common > mistake is people thinking Pub Aux has anything to do with the
book-publishing > industry. Another mistake is people not truly understanding how
newspapers > function and the needs of publishers."

Date sent: Wed, 25 May 2005 09:00:54 -0500
Subject: Re: Stanley - Need Publisher's Auxiliary update
From: Stan Schwartz <schwartzsa@missouri.edu>
To: <angela@booklocker.com>

> Everything here is still accurate.
>
> Thanks,
>
> Stan.
>
>
> On 5/24/05 8:01 PM, "Angela Hoy" <angela@booklocker.com> wrote:
>
> > Hiya Stanley,
> >
> > Your market listing appearing on WritersWeekly.com
> > is one year old and we need you to review it for accuracy.
> >
> > Common items that usually need updates are the contact info.
> > and "current needs" Please make any necessary changes and
> > forward back to me ASAP via email.
> >
> > If all is well, please send a short note of approval. :)
> >
> > Have a beautiful afternoon!
> >
> > Hugs,
> > Angela
> >
> > Publisher's Auxiliary, P.O. Box 7540, Columbia, MO 65205-7540.
P(800)829-4662.
> > F(573)884-5490.
> > Email stan@nna.org. Website http://www.nna.org. Stanley Schwartz,
Managing
> > Editor. 75% freelance. "Publishers' Auxiliary is a trade newspaper
for
> > community newspapers. It is owned and operated by the National
Newspaper
> > Association. It covers news
> > about the newspaper industry, specifically community newspapers. It
is
monthly
> > and features how-to articles and columns on running a newspaper
operation."
> > Welcomes new writers.
> > Circ 5,800. Monthly. Pays at the end of month article published.
Period
> > between acceptance and publication varies. Buys first N.A. rights.
Accepts
> > reprints. Responds 1 week.
> > Sample by mail with 10x13 SASE with at least $0.65 postage.
Subscription $85;
> > $95 outside U.S. Guidelines by mail with SASE or email.
> > CURRENT NEEDS: "We are seeking stories about community newspapers
and
what
> > they are facing in their local markets. Articles can be about
ethical
> > considerations to the
> > difficulties of hiring new reporters." Pays flat fee of $35 - $50
for
articles
> > of 500 - 700 words. Submit query with story idea.
> > PHOTOS/ART: "We accept print or electronic versions. Photoshop EPS
files, TIFF
> > or JPEG files." Pays $35 per used photo.
> > HINTS: "The most common mistake is people thinking Pub Aux has
anything to do
> > with the book-publishing industry. Another mistake is people not
truly
> > understanding how
> > newspapers function and the needs of publishers."
> >
> > OPTIONAL but we'd love it if you'd give us a laugh for our humor
column:
> > We feature a humorous monthly column at WritersWeekly titled
> > "What NOT to Say to an Editor." Please share with us a quote
> > describing the worst statement a writer has ever made to you
> > and/or your publication, verbally or in writing:
> >
> > May we quote you?
> >

PUBLISHER RESPONDS

From: Brian Steffens <steffensb@missouri.edu>
To: Angela Hoy, Stanley Schwartz <schwartzsa@missouri.edu>
Subject: Re: PA complaint
Date sent: Tue, 07 Nov 2006 13:12:53 -0600
Copies to: [AC]

Well, unless [AC] has more to ask of us, I'm ending my participation
in this discussion.

As far as I know, we've addressed concerns and made a good faith effort
to make things right.

We have no policy, written or otherwise, that says we do not pay. As I
said, in many cases, we do not pay, by agreement with the writer. In most
other cases we pay a flat $50 .. No per-word fee (as quoted to us by [AC]
from a listing in Writers' Weekly).

Pretty much everything else has evolved out of miscommunication (by us,
to be sure), which I've made every effort to clear up.

You keep reiterating that we have a policy of no payment that
contradicts our written policy of $35-$50 payment. I've said repeatedly, that our
policy has been that we will pay $50 for stories ... And that we sometimes pay
less, and sometimes nothing at all, as agreed upon individually with the
writers.

Given [AC]'s understanding from a Writers' Weekly listing, we honored
that understanding first thing Monday morning, when we opened for
business

... Even though we haven't had a per word pay policy like that in at
least five years.

The "approved" item below mentions NOTHING of a per word pay policy that
[AC] said she obtained from Writers Weekly.

We've clarified our policy. We've answered [AC]'s concerns. We've
agreed to pay [AC] the higher Writers Weekly rate (not the Publishers'
Auxiliary rate). We've apologized to [AC] several time (and meant it). I don't
believe I've tried to pull the wool over anyone's eyes. And your emails
have obviously departed from the friendly hugs.

So, again, I ask, what more is it that you want or need from me?

Brian Steffens

From: [AC]
To: Angela Hoy
Subject: PA fiasco
Date sent: Tue, 07 Nov 2006 21:21:28 +0000

WRITER RESPONDS

I am getting very frustrated with PA, as I'm sure you are. It seems they
want to appear to be a paying publication, but don't want to actually pay
writers.

Here's what's happened step-by-step, if it helps clarify things.

1. I submit a piece and a query for future work to PA.

2. I find out from a reader that PA has published my work.

3. I e-mail Stan to find out my submission's status.

4. He says they have indeed published my piece on their op-ed page.

5. I e-mail back asking if it is PA's policy not to notify writers of
publication, ask if I will be paid.

6. Stan e-mails back and says they do not pay for work posted on editorial
pages. But he'll make an exception in my case and no longer consider my
work in the future (as punishment for asking about payment?)

7. I e-mail Stan's superior Brian Steffens and you to notify you of the
situation because I don't trust Stan will follow through.

8. Brian and Stan e-mail me asking me to sign a contact or they won't send
me a check. The contract states a writer won't be paid unless otherwise
agreed to in writing, and also states a writer can't hold the publisher
responsible for misusing their work. I tell them I feel uncomfortable
signing this.

9. Brian e-mails me and says I can cross out portions of the contract I
don't agree with, then send it in. But they won't give me a check until
they receive it.

In short, I'll never submit another piece to PA, and I'll never recommend
any one else does. What a silly fiasco. I've published in dozens of
publications, many with more meager means than PA. I've never been treated
like this. Their behavior seems almost bizzare.

Thanks for your help, Angela. And let me know if you need anything else.

[AC]

THE PUBLISHER'S ACTUAL CONTRACT

This contract SUCKS! They basically get all rights (they let the writer sell it elsewhere, but nobody's going to want to reprint an article that the National Newspaper Association can publish "as many times as Publisher desires."

Also, note the payment clause implies they don't pay for articles. Read it and see what you think it means.

NATIONAL NEWSPAPER
ASSOCIATION
PUBLISHING AGREEMENT

THIS PUBLISHING AGREEMENT (this “Agreement”) made and entered into effective this 6th day of November, 2006, by and between [AC] (hereinafter “Author”), residing or with offices at [name and address removed for publication here], and the National Newspaper Association (hereinafter “Publisher”), with offices at 127 Neff Annex, Columbia, MO 65211-1200.
WHEREAS, Author has or will create a written article (hereinafter “Work”) for publication in Publisher’s written publication entitled Publishers’ Auxiliary or other Publisher’s publication or media;
WHEREAS, Author is willing to permit Publisher to reproduce, distribute, modify, perform, and display the Work under the terms and conditions of this Agreement.
NOW THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Warranty of Originality and Ownership
Author warrants that he/she/it is the sole author of the Work and has full exclusive right, title and interest in the Work, including all intellectual property rights associated therewith, and Author further warrants that the Work, including any of its original unmodified components, shall not infringe any copyright, trade secret or other proprietary rights of any third party.
2. License Grant to Publisher
Author hereby grants to Publisher modified rights and license, under any copyrights or other intellectual property rights of Author associated with the Work, to copy, distribute, modify, revise, edit, perform, and display the Work, including modified, edited, or revised versions thereof, as many times as Publisher desires.
Notwithstanding the above, Author shall have the right to publish the Work in other third-party publications or media, but only after Publisher has first published the Work, or any modification thereof, in the Publishers’ Auxiliary, or in some other Publisher’s publication or media.
3. Copyright and Trademark
Publisher shall have the right to copy, distribute, modify, revise, edit, perform, and display the Work, including modified, edited, or revised versions thereof, under Publisher’s trademarks and trade names. The Author’s byline shall be displayed on the Work. Publisher may also mark with its own copyright, works that contain copyrightable subject matter of Publisher.
4. Payment and Royalties
Unless otherwise agreed to in writing signed by the parties and attached to this Agreement, Publisher is granted the license in Section 2 without the payment of any additional fees, trade-outs, or royalties.
5. Termination
This Agreement shall only terminate on individual Works from Author if Publisher has not published the Work, or any modified version thereof, in any Publisher’s publication or media within 30 days from the submission of the Work.
6. Indemnification
Author shall indemnify Publisher and hold harmless Publisher from and against any and all claims, actions, losses, costs and liabilities based on or arising out of claimed infringement by the Work (or its original unmodified components) of any U.S. copyright or other intellectual property rights of any third party.
7. Miscellaneous
This Agreement shall be governed by the laws of the State of Missouri without regard to choice of law principles, and any dispute arising from this Agreement shall be resolved by a court located in the State of Missouri, the parties hereby consenting to the exclusive personal jurisdiction of the courts of Missouri. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter thereof.

NATIONAL NEWSPAPER [Author]
ASSOCIATION


By: __________________________ By: ___________________________

Printed Name: _________________ Printed Name: __________________

Title: ________________________ Title: _________________________

Date: ________________________ Date: _________________________

WRITERSWEEKLY'S CONCLUDING OPINION:

This publication has been featured on WritersWeekly.com since before 2004. In 2004, 2005, and 2006, this publication approved the update of their market listing on WritersWeekly (see emails above). The market listing has always stated that it is a paying publication. The information was obtained when the publisher completed our questionnaire long ago. We were never, ever informed that they don't always pay. It is our opinion that this was a misrepresentation of their payment policies. Had WritersWeekly known they don't pay for all articles, we'd not only have not featured Publisher's Auxiliary in WritersWeekly.com, we'd have blacklisted them.

Per the emails above, the publisher published the writer's article without notice and without a contract.

The writer then reported they said they wouldn't pay her without a contract. In our opinion, the rights clause in the contract is unacceptable, especially for writers who aren't being paid!

Oddly enough, the publisher then stated they always require writers to sign their contract...yet they hadn't sent the writer a contract prior to publishing her work. Hmmm...

This situation is beyond bizarre, in our opinion, and we recommend our readers avoid writing for this publication.

Angela Hoy
WritersWeekly.com

PUBLISHER EMAILS WRITER:
From: Brian Steffens <steffensb@missouri.edu>
To: [AC]
Subject: Re: PA complaint
Date sent: Wed, 15 Nov 2006 16:52:38 -0600
Copies to: Stanley Schwartz <schwartzsa@missouri.edu>

Hi [AC]:

I signed the payment check this afternoon and it will go out in
tomorrow's mail.

Again, I offer my sincere apologies for a series of mistakes on our part
that led to misunderstandings and a bad experience on your end.

Yes, we should and usually do notify writers before publication, and
will continue to do that.

Yes, we should and usually do agree upon terms (price, editing, etc.)
before publication, and will continue to do that.

But after reading the exchanges on Writers Weekly's website, I want to
once again reiterate a couple of items.

1. I never said Publishers' Auxiliary had a policy or practice of not
paying. What I said is that upon consultation with some writers, it is
agreed between both parties that there will be no payment for some
stories. We have several contributors who do not wish payment. So yes, we don't
pay some writers, but it's by mutual agreement, not by policy.

2. I do not believe that Stan said we do not pay writers. In rereading
his emails, it appears that he says he has a practice or history of not
paying for op-ed pieces. Singling out one very small category of Publishers
Auxiliary (op-ed pieces are typically just two of dozens of stories in a
single edition) does not constitute a policy for the entire Publishers
Auxiliary. It is true that Publishers Auxiliary does not pay for letters
to the editor. And, as Stan says, it's been a common practice, with
agreement from the writers, that Publishers' Auxiliary has not often paid for
op-ed pieces (which he, rightly or wrongly, considered your piece to be).

Be that as it may, in your case none of this was agreed upon prior to
publication, and you were therefore understandably concerned and
irritated. And you were correct to bring it to my attention.

And I believe I have responded promptly and with the means at my disposal
to properly apologize and do the best we can after the fact ... That I
immediately concurred with Stan to pay you what you asked.

It's been an unfortunate episode, I understand. My thanks for your
patience, understanding and cooperation.

Brian Steffens

[AC] reported to WritersWeekly.com on 11/21/06 that she received her check.