What to do about a publisher not paying?

[jdrakeh]

Has anyone ever done this in RPG freelancing who can share their experience?

Yes, though I have ties to many fraternal organizations (not Masons, however) and familial ties to at least one attorney, so I usually don't have to pay for consultations. If I ever needed one to represent me in court, of course, that would be different. Usually, however, I draft my own contracts and have them previewed by an attorney for loopholes prior to my inking them. The sound advice that I have received in consultation has, thus far, made going to court unnecessary.

 

[Justin D. Jacobson]

As it happens, I am a collection attorney in my "day" job. Most collection attorneys will work on a contingency fee basis, which means they only take a percentage of what they actually collect for you. (The fee can vary from, say, 20-40%.) I have helped a few other artists get paid; often a sternly worded letter on attorney letterhead is enough to do the trick. If your company happens to be based in Florida, feel free to contact me. Otherwise, my suggestion is to locate a local collection attorney and contact them. They won't charge for talking to you. (FYI, they are sometimes also referred to as "creditor's rights" attorneys.)

 

[Eytan Bernstein]

I've had this problem on a few occasions (with different companies) and the only thing that worked was persistence. Each week that I didn't receive payment, I sent another e-mail until they stopped ignoring me. You don't want to do anything that makes you look bad, but you also want to get paid for your work. Consider contacting everyone who has a public e-mail address at the company with your problem. Don't just stick to one person.

 

[Raven Crowking]

Some writers keep websites where the list the names of pieces, who they sold to, the date of sale, and the date of payment. That allows a pretty fair and non-confrontational way of letting other writers know who's worth sending to and who's a deadbeat.

Good luck.

RC

 

[Bardsandsages]

From the files of the Evil Julie:

Send an e-mail to each retailer that is selling the product that says the following:

My name is (fill in blank). I am the author/artist of (name of product). I entered into a legal contract with (name of publisher) to product this product, however I have not been paid for my work. Therefore, I never reliniquished the copyright to this product. This publisher is in violation of my copyright, and I request you remove this product from your inventory.

Send an attachment with a copy of your contract.

CC the publisher in question so he sees the firestorm you are opening up on him.

In this manner, you never go public with the matter, and chances are, you will get your money then without resorting to legal issues.

 

[Mark Plemmons]

Send an attachment with a copy of your contract.

That could be a bad idea if the contract says that it's a confidential agreement.

(No, we're not the publisher in question. )

 

[Morrus]

For those interested, part of EN World II, due later this year, will include a large freelancer/publisher matchup system. Like eBay, use of it will form a contract and, like eBay, feedback will form a large part of the system.

 

[BLACKDIRGE]

For those interested, part of EN World II, due later this year, will include a large freelancer/publisher matchup system. Like eBay, use of it will form a contract and, like eBay, feedback will form a large part of the system.

Wow, that's a great idea.

Also, disgruntled writers and artists should definitely check out the two websites below. Each one features alerts about scams aimed at writers, and Predators & Editors has a huge list of agents and publishers to avoid. They also recommend agents and publishers with a good track record.

The original poster could write into either one of them and complain about the publisher that didn't pay him. Predators and Editors keep files on publishers and agents, and if there are enough complaints, they issue a general warning on their site about them.

Here's the two sites:

Predators & Editors
Writer Beware

BD

 

[Steve Conan Trustrum]

Anyone that matters to the business cares more about how they reneg on contracts anyway. Everyone who has some understanding of the situation will appreciate your maturity.

One would like to believe that. The truth is usually far from this, however.

 

[Bardsandsages]

That could be a bad idea if the contract says that it's a confidential agreement.

(No, we're not the publisher in question. )

Now that would be interesting, listening to a publisher simultaneously claim to a judge "I've never heard of this person" and "they violated our confidentiality contract".

You are otherwise correct, of course. But the arguement could be made the contract is evidence in a larger copyright dispute, and the claimaint is merely presenting evidence of the claim. And you could always block out the confidential portions.