I am quite new to writing, so far it's only something I have done for pleasure with never any intention of making money or turning it into a career. About 3 years ago I submitted an article to a website in response to a feature they were running and my article was used on the site. A year or so later the site contacted me and told me that they wanted to print my article in the magazine they also run in conjunction with the site, and requested that I supply a photo of myself to go along with it. I was happy to do this and I didn't ask for or expect any payment as it was a very low circulation magazine and I was just happy that they thought my work was good enough to print.
Fast forward to the present and I have found out that they have, without my permission, printed my article and photo in a book that has a very wide circulation in all of the big high street and internet retailers. A similar book that they released around the same time last year was a big seller over the Christmas period and spawned a spin off TV series.
Although I only write for pleasure I am annoyed that they are profiting from my work in this way and that they made no attempt to ask my permission to do this. Looking on the website they now have a statement saying they reserve the right to publish any submissions however they like in the future, however this statement was not on the site at the time I made my submission (I can prove this using a web archiving site).
I don't think I am being unreasonable in expect some form of payment from them but I have no idea of how to go about requesting it, how much to ask for and where I stand legally. I have not yet contacted them as I would like to know what I am doing and the best way to go about it first.
If anyone can take the time to reply or email (roger.eastaffATgmail.com) me I would very much appreciate it.
Thanks for your time.
Rog.

Try the Society of Authors - www.societyofauthors.net - who may be able to advise you. You ought to get something for this.
Sue

Rog,

As Sue says, the Society of Authors are very helpful over contract issues; however, you do have to be a published author, or have just got yourself an agent, or had several articles published in order to join (their website gives precise eligibility details). Other options are to try a specialist solicitor - but this could be very expensive. Have you tried simply asking the magazine what profit they've made, or expect to make, from the book with your article in, and if they are planning to pay you a share? Best to do this in writing and get a written reply (and of course keep it for evidence!). Bear in mind that royalty payments throughout the publishing industry can be very lax/late - which is one of the reasons for getting an agent if you can. Another possibility is to try Trading Standards (www.tradingstandards.gov.uk - just type in your post code for your nearest office). You could also try the Department of Trade and Industry - phone 020 7215 5000 and ask for the Fair Trading section of Consumer and Competition Policy Directorate. Good luck!

Terry

Rog, I can only echo what Sue and Terry say. These are good places to start. Also, if you can lay your hands on a copy of the Writers and Artists Yearbook, there’s a useful section in there on copyright law and infringements of authors’ rights.

Good luck with this. Regardless of the finances, there’s a matter of principle involved.

Dee

How awful! How typically disrespectful of a writer! I'd be furious.

Take 'em to the cleaners mate.

JB

Thanks for taking the time to reply folks.
I sent an email to the Society of Authors but they were unable to help me unless I paid to join (which is only fair on their paying members I supose) so I won't go down that route for now at least (not until pay day anyway).
I will draft a polite letter to the company involved and request payment for my work and see where I go from there.
As Dee rightly said it is a matter of principal, even if I do get something out of them, that isn't the whole point of the exercise. It's great that I've seen my work in print but the whole thing has been soured by the way they have gone about it. Anyway, I'll post updates here with any progress I make and thanks again.
Rog.

Rog,

If you are able to join the Society of Authors, I'd strongly recommend it. They helped me with two disputes both of which would have cost me a great deal of money if I'd hired a solicitor. Also, their advice stems from experience of the writing business: in both my cases, the fact they could tell me that what was happening to me was basically not right, according to precedence, was a great help in itself. Having said that, they're very fair-minded and won't just tell you what you want to hear.

Terry