Friday, April 29, 2005

The Editorial Scourge

Editors. The bane of my existence. Sure, they can be helpful and sometimes insightful, but for the life of me, I can't figure out why these bastards have so much power of the written word and the almighty dollar. They are perhaps the slowest animals known to man with the possible exception of the land tortoise.

I was recently contacted by Lincoln Media group, a publisher of maps and directories. The manager/owner (I am still not sure exactly what his job function is) sounded impressively amicable over the phone. He offered me decent amount for 4 articles of roughly 200 words that would be placed in a healthcare/HMO directory guide. Within a few days I was bounding and eager to start the assignment. I completed the agreement, lets take a look at a few excerpts here--

CONTRACTOR AGREEMENT WITH CONSULTANT: Writer

CONSULTING CONTRACT

THIS AGREEMENT is made as of _______, _________, 2005 between Lincoln Media Group, Inc., a California Corporation (Client) located in Lincoln, Placer County, California and ____________(Consultant) of ____________, _____________, California.

In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern.

1. Services. Consultant agrees to perform for Client the services listed in the Scope of Services section in Exhibit A, attached hereto and executed by both Client and Consultant. Such services are hereinafter referred to as “Services.” Client agrees that consultant shall have ready access to Client’s staff and resources as necessary to perform the Consultant’s services provided for by this contract.

2. Rate of Payment for Services. Client agrees to pay Consultant for Services in accordance with the schedule contained in Exhibit B attached hereto and executed by both Client and Consultant.

3. Invoicing. Client shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Consultant, and Client shall pay the amount of such invoices to Consultant. All invoices are normally paid within 7 working days; however, LMG reserves the right to pay within 30 days of receipt.

4. Confidential Information. Each party hereto (“Such Party”) shall hold in trust for the other party hereto (“Such Other Party”), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. Confidential information is information which relates to Such Other Party’s research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties via public information.

EMPLOYMENT AGREEMENT WITH CONSULTANT: Writer

CONSULTING CONTRACT

  • The Consultant will receive compensation solely upon the published article per designated project.
  • The Consultant will be paid per project under the following schedule:

- X per article printed – normally 100-200 words with supporting visual (graph/chart).

- Payment shall be sent within 30 days of publication.



The project went well, I completed the articles, and sent them to the editor. She looked them over, offered a few editorial touches, which I made, and that was that.

When the time came for payment, I emailed the editor who directed me to my original point of contact. Fine. He referred me to the above agreement. The only discrepancy is that the agreement states payment will be made upon publication or 30 days after publication. Over the phone I was assured by the owner/manager fellow that since they were unsure of the publication date, I would be paid upon completion and acceptance. Fine. Let this be a lesson to all: Verbal agreements don't mean dick. Now, all this is really not my main concern. I'm not so dumb and green as to think that publication happens magically in a cauldron filled with bubbling viscous goo. What irritates me is the fact that while I was writing the articles and putting together research, every email I sent with questions or concerns was answered promptly and directly. Suddenly, it appears that my email has been blacklisted and my phone calls redirected. When the matter of payment is the subject, I'm no longer a writer, but a collection agent. They have no need for me once the product is in hand. Have a little fucking courtesy, man. If I inquire as to the status of my work, if it was accepted and agreed to be published, at least let me know where I stand. Don't just shut me out. Bastards.

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