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PostPosted: March 19th, 2007, 5:43 pm 
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Posts: 1853
WritersWeekly has exchanged several emails with McGraw-Hill regarding this complaint, but it seems they've just been giving us the run-around. We are publishing this after tiring of hearing them tell us they're looking into it.

We haven't heard anything from the accused author, Jan Goldberg. Another writer claims her copyright was violated when her essay was published in one of Jan Goldberg's books without permission. Jan Goldberg also did not respond to the writer.


From: Angela Hoy
To: lauren_lynch@mcgrawhill.com
Subject: COMPLAINT about McGraw-Hill / Jan Goldberg, author of Homebodies and Other Independent Souls
Date sent: Thu, 01 Mar 2007 15:20:30 -0500
Copies to: olivia_basu@mcgraw-hill.com, alex_schwartz@mcgraw-hill.com, JanGold1@aol.com

March 1, 2007

Jan Goldberg - JanGold1@aol.com
924 Long Road
Glenview, IL 60025
P(847)729-4589
F(847)729-4590

Lauren Lynch - lauren.lynch@mcgrawhill.com
McGraw-Hill Professional
Two Penn Plaza, 11th Floor / 12221 Avenue of the Americas
New York, NY 10121 / New York, NY 10020-1095
P(212)904-2000
F(614)739-3749

WritersWeekly.com has received a complaint about:
Jan Goldberg, author of Homebodies and Other Independent Souls /
McGraw-Hill Professional / mhprofessional.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.

[LZ] (name not published here but was, of course, provided to
the publisher and to Jan Goldberg) alleges you committed copyright infringement by
publishing one of her articles in your book without permission or
payment. It also appears she is being given the run-around by
McGraw Hill and that she is being ignored by Jan Goldberg.
[LZ] is requesting $500 for the unauthorized use of her
work. 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
richardh@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.

Angela Hoy
Publisher
WritersWeekly.com

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

Hi Angela,

While "googling" my name, I came across a McGraw Hill - Professional
book, "Homebodies and Other Independent Souls," by a Jan Goldberg. The
publication date was 2000. This book contains an article I wrote and
submitted.

Once I submitted my article, I never heard another word. Thus, you can
imagine my "chagrin" when I came across this use of my article.

I don't know how many times in hardcover, softcover and varied
ebooks it has appeared without my knowledge. In fact, it occurs to
me that, since I didn't even receive the usual complimentary copy
that many authors give to folks who help them out on a story ...
she knew precisely what she was doing.

I immediately emailed an Executive Editor @ MH. He replied within hours.
This isn't his department, he said, and he asked who my first contact was
with MH. I thought I had made it obvious that I did not know who to
contact and that I hoped he could put me in the right direction.

At one point, the contact editor said the book was published by
another outfit, which McGraw Hill subsequently bought out.
Then I gave him the ISBN of new edition coming out in March.
He then referred me to the current editor of that book.

Jan Goldberg has yet to respond to my email. I put a tracer on the
email and she read it ten minutes after I sent it, but hasn't answered.

Oddly enough, the Google page on which I found all this info
(including my section in total) has disappeared! Now, isn't
that strange? I'm obviously encountering a tad of resistance here.

This is a clear-cut case of copyright infringement - unauthorized use
committed willfully and without my knowledge.

[LZ]


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 Post subject:
PostPosted: March 19th, 2007, 5:45 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
WRITER SENDS UPDATE

From: [LZ]
To: Angela Hoy
Subject: Phone Call from McGraw-Hill
Date sent: Fri, 2 Mar 2007 11:08:00 EST

Whew!

Just rec'd call from a Herb Schaffer.

He asked me a few questions, then went on to say that Ms. Goldberg merely
did a profile of me. I said, "No, she took an article submission and
twisted it into a profile. This seemed to throw him for a second. He went on to
say how careful M-H is, how many books they publish every month, blah-blah.

Finally, he tended to put the onus on Goldberg. I told him, while
McGraw-Hill probably had no odious intent, my experience (publishers making me get
permission from folks that I'd simply photographed) led me to conclude
that M-H was negligent in assuring that G had permission. Then, the man gave a
well-parsed threat, "We have a fine staff of attorneys - be very careful here." I
said I didn't appreciate his threat, however carefully worded, he demurred,
saying he wasn't making a threat. He terminated the conversation (no "goodbye")
with, "I'll talk with our legal department and get back to you. Note: I
sent their legal department an email on Tuesday and never heard back.


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 Post subject:
PostPosted: March 19th, 2007, 5:49 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
PUBLISHER RESPONDS.

This is the same Herb as the one from the phone call described above.


From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: concerns raised by [LZ]
Date sent: Fri, 2 Mar 2007 15:10:13 -0500

These concerns raised by [LZ] were just brought to
McGraw-Hill's attention this week. We take her concerns and these
charges very seriously, and we are looking into them immediately.

Thank you.

WRITERSWEEKLY RESPONDS

From: Angela Hoy
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: Re: concerns raised by [LZ]
Date sent: Fri, 02 Mar 2007 16:24:46 -0500

Hi Herb,

I received a very disturbing email from [LZ]. It appears
below my signature. I'm stunned that you are threatening her with legal action.

Please send us an update on this situation by close of business on
Monday.

Angela Hoy
WritersWeekly.com


PUBLISHER RESPONDS

From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: RE: concerns raised by [LZ]

Dear [LZ]/Angela:

I was very sorry to read this, and I apologize for any
misinterpretation.

By suggesting that we would go to our legal department, I was not
threatening [LZ] with legal action. Since we do deal with these sorts
of issues with our legal department, what I meant was I would seek
guidance from our lawyers regarding this matter, the related contracts
and how to resolve this situation.

For your information, McGraw-Hill takes claims of copyright infringement
very seriously and we are looking into [LZ]'s allegations.

Homebodies and Other Independent Souls is being revised and the second
edition is, coincidentally, now in production and at the printer.
Although we have not had the opportunity to research or reach any
conclusions about [LZ]'s allegations, to address her concerns, we
removed the article at issue from the second edition earlier this week.
I mentioned this to [LZ] during our conversation.

Again, I am truly sorry for any misunderstanding.


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 Post subject:
PostPosted: March 19th, 2007, 5:57 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
WRITERSWEEKLY ASKED FOR AN UPDATE ON MONDAY. WHEN ONE DID NOT ARRIVE, WE SENT THIS:

From: Angela Hoy
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: RE: concerns raised by [LZ]
Date sent: Tue, 06 Mar 2007 10:35:25 -0500
Copies to: "Rinaldi, Lydia" <Lydia_Rinaldi@mcgraw-hill.com>

Hi Herb,

We did not receive an update on this situation yesterday. What
is the status? What has the author said about this situation?

Angela Hoy
WritersWeekly.com

PUBLISHER RESPONDS AND COPIES ACCUSED AUTHOR:

From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: RE: concerns raised by [LZ]
Date sent: Tue, 6 Mar 2007 10:40:56 -0500
Copies to: "Rinaldi, Lydia" <Lydia_Rinaldi@mcgraw-hill.com>, <jangold1@aol.com>

Dear Angela and [LZ]:

As we wrote on Friday, we take such claims of infringement seriously,
and we are looking into this matter and have been in contact with the
author.
We will advise you of our findings after we have had an opportunity to
review [LZ]'s allegations thoroughly.

I am cc'ing Jan Goldberg here. Best.


WRITERSWEEKLY RESPONDS


From: Angela Hoy
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: RE: concerns raised by [LZ]
Date sent: Tue, 06 Mar 2007 11:05:15 -0500
Copies to: "Rinaldi, Lydia" <Lydia_Rinaldi@mcgraw-hill.com>, <jangold1@aol.com>

When can we expect to hear from you about this?

Angela

PUBLISHER RESPONDS...AND STARTS SOUNDING LIKE A BROKEN RECORD:

From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: RE: concerns raised by [LZ]
Date sent: Tue, 6 Mar 2007 12:10:20 -0500
Copies to: "Rinaldi, Lydia" <Lydia_Rinaldi@mcgraw-hill.com>, <jangold1@aol.com>

Dear Angela and [LZ]:

I understand you are anxious to resolve this issue as are we. We have
a number of staff at McGraw-Hill looking into this matter -- as [LZ]
knows, one of our attorneys responded to her independently. However,
because this took place years ago, and we were just made aware of this
matter last week, it may take a little while longer to conclude our
inquiry. We will be in touch with you as soon as we can.

WRITER RESPONDS TO WRITERSWEEKLY'S REQUEST ABOUT THE ATTORNEY WHO THEY CLAIM CONTACTED HER:

From: [LZ]
To: Angela Hoy
Subject: McGraw-Hill Attorney?
Date sent: Tue, 6 Mar 2007 12:33:38 EST

No attorney has identified himself to me - what is that attorney's
name?

WRITERSWEEKLY RESPONDS TO THE PUBLISHER

From: Angela Hoy
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: RE: concerns raised by [LZ]
Date sent: Tue, 06 Mar 2007 13:18:16 -0500
Copies to: "Rinaldi, Lydia" <Lydia_Rinaldi@mcgraw-hill.com>, <jangold1@aol.com>

I need a date as to when you will contact me next about this. We don't
let our investigations sit for more than a few days because there is no
need. You know [LZ]'s position and you've already contacted the author.
What is the name of the attorney who says they contacted [LZ]?
She is asking which person it was that she talked to.

Please get back to me with that and with a date of when you plan to send
us an update.

Angela


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 Post subject:
PostPosted: March 19th, 2007, 6:05 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
PUBLISHER RESPONDS AGAIN, STILL SOUNDING LIKE A BROKEN RECORD (JUST A LONGER VERSION OF IT).

From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: Response to [LZ]'s concerns
Date sent: Tue, 6 Mar 2007 15:56:57 -0500

Angela and [LZ]: I cannot overemphasize how seriously McGraw-Hill takes
these matters. We have several staff members investigating [LZ]'s
inquiry. Also, as you know from our previous correspondence, I have
been in touch with [LZ] to discuss the situation and what we are doing
to investigate. In addition, on February 28th, just a day after her
initial inquiry, a lawyer from our office responded to [LZ]'s inquiry
saying that we were looking into the matter. A copy of that email is
attached.

We do take the claim seriously; we are looking into it, and we are
concerned. We expect to provide an answer very soon. And, because the
claim is important to both us and [LZ], it would be counterproductive
to overly rush our efforts. In the meantime, as I mentioned earlier,
even though we have not finished researching [LZ]'s allegations,
because she brought this matter to our attention and to address her
concerns, we have removed the article at issue from the second edition
of the book which is currently in production.

We will be in touch shortly. Thank you for your patience.

WRITERSWEEKLY RESPONDS

From: Angela Hoy <
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: Re: Response to [LZ]'s concerns
Date sent: Tue, 06 Mar 2007 19:23:29 -0500

Hi Herb,

[LZ] has not received any emails from your attorney. She was surprised to
see the copy of what you sent.

I'm sorry but we can't work with promises of being notified sometime in
the future about this. We will wait one week. If the situation hasn't been
resolved to [LZ]'s satisfaction, we will be posting her complaints to
WritersWeekly.com.

We will be happy to post a statement from McGraw-Hill at that time. Please
send your statement by close of business on Monday, March 12, 2007.

Angela Hoy
WritersWeekly.com

PUBLISHER RESPONDS, SINGING THE SAME OLD TUNE, BUT NOT GIVING ANY ANSWERS.

From: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
To: Angela Hoy
Subject: RE: Response to [LZ]'s concerns
Date sent: Wed, 7 Mar 2007 11:51:36 -0500

Angela, thank you for your response and your patience. As we said in
our earlier correspondence, we are looking into this vigorously and we
will be in touch shortly.


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 Post subject:
PostPosted: March 19th, 2007, 6:11 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
WRITERSWEEKLY WAITS ANOTHER WEEK AND CONTACTS PUBLISHER AGAIN:

From: Angela Hoy
To: "Schaffner, Herb" <Herb_Schaffner@mcgraw-hill.com>
Subject: RE: Response to [LZ] concerns
Date sent: Tue, 13 Mar 2007 16:32:31 -0400

Hi Herb,

It's been another week. Please send an update on what is happening with
your investigation.

Angela Hoy
WritersWeekly.com

PUBLISHER'S REP PASSES THE BUCK TO SOMEONE ELSE WHO SENDS THE SAME SONG AND DANCE TO WRITERSWEEKLY;

From: "Skafidas, Mary" <Mary_Skafidas@mcgraw-hill.com>
To: Angela Hoy
Subject: McGraw-Hill
Date sent: Wed, 14 Mar 2007 07:47:22 -0500

Angela:

Herb forwarded your request for a comment for the Writers Weekly web
site on to me (by the way it is a great site for freelance writers). I
handle communications for McGraw-Hill Education. We are still looking
into this matter.

Please feel free to contact me in the future.

Best,

Mary Skafidas
McGraw-Hill Education
212-904-2078

WRITERSWEEKLY SENDS FINAL EMAIL TO PUBLISHER.

From: Angela Hoy
To: "Skafidas, Mary" <Mary_Skafidas@mcgraw-hill.com>
Subject: Re: McGraw-Hill
Date sent: Wed, 14 Mar 2007 13:31:07 -0400

Hi Mary,

How long will it be before you get back with me? We've been waiting for
a couple of weeks already and all we've received in response is several
emails that essentially say "we're working on it." We're publishing something
about this next Wednesday, whether we've received a statement from McGraw-Hill
or not.

Angela Hoy
WritersWeekly.com

THE PUBLISHER DID NOT RESPOND TO OUR EMAIL. WE FEEL WE AND THE WRITER HAVE BEEN GIVEN THE RUN-AROUND THIS ENTIRE TIME BY MCGRAW-HILL.

It is WritersWeekly.com's opinion that all writers should avoid McGraw-Hill.


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 Post subject:
PostPosted: April 2nd, 2007, 4:36 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
Today is Monday, April 2, 2007. McGraw-Hill still hasn't sent us an update on this situation. It is our opinion that their claim that they take these accusations "very seriously" and that they "are looking into them immediately" is hogwash.


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 Post subject:
PostPosted: June 1st, 2007, 6:06 pm 
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Joined: August 1st, 2003, 9:52 am
Posts: 1853
UPDATE SENT IN BY WRITER

Subject: Followup to McGraw-Hill/Jan Goldberg
Date sent: Thu, 31 May 2007 09:21:18 EDT

Dear Angela,

Thank you for your assistance with this matter. Since we last spoke, certain documentation has cleared up this matter. I don't have anything bad to say about McGraw-Hill or Jan Goldberg and am glad that we were able to clear up the matter. I appreciate your assistance and now consider the matter closed.

Thanks again,

[LZ]


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