I have a bit of an unusual problem with a short story of mine.

I submitted it to a UK print magazine and they accepted it, saying it would appear in their forthcoming issue. However, time went on and on and an issue didn't appear. I queried this repeatedly, got various explanations/excuses, and was on the point of withdrawing the story when a cheque arrived in the post for the agreed fee - in advance of publication, which I thought was rather unusual. The editor again assured me the magazine would be relaunching soon.

Eighteen months have now gone by since the magazine accepted the story, and the magazine still hasn't put out an issue. I asked the editor if the title had closed and he insisted it hadn't. Other people I've spoken to claim the magazine's now little more than an idea in the mind of the editor.

The magazine guidelines say they buy "First Publication Rights (in any media, anywhere in the world) only. All copyrights revert to contributors on publication."

What happens to my story? If the magazine never publishes but insists it hasn't folded, is my story caught in limbo forever? Is there a "reasonable" time limit on these things after which rights revert? As it stands I can't offer it elsewhere as I presume they hold the rights - but it seems this situation could go on forever. Although I didn't hand over all rights, but I feel as though I've lost my story, all for a fairly nominal fee.

Any one dealt with anything similar or can anyone advise me?

Clare

Once I sold a story to a magazine and it didn't appear because the mag folded. However, they paid me for it and then, when the same company (Bauer) launched a similar mag they paid me AGAIN! for the same story. I wasn't complaining. if I were you I would write/phone and set a deadline for them to tell you what to do. Then I'd resubmit it. After all, the wait time for submissions is forever, and if it gets accepted again the first people may have sorted themselves out by then. And if it does get accepted by another mag you can explain your dilemma and ask them for advice from their legal people. You really have to put yourself first in this business, I've found. If the publishers can't/won't clarify your situation then just pretend you don't know what they're talking about. Good luck with your story!

Ooh… difficult one.

I’d write –always good to have stuff in writing – and give them a deadline… six weeks perhaps – and tell them that if you don’t hear from them by a certain date you will assume they are not going to publish, and you are free to submit the work elsewhere.

You might, as a point of principal, feel obliged to retain the fee you got, so that you can pay it back to them if they insist you're not entitled to it on the grounds that they didn’t publish. They’d be on sticky ground – but you might find it easier to settle on their terms rather than persist with a dispute that’s going nowhere.

The bottom line is that you don’t need to fall in with them. Take control. You could simply bank the payment and let them take the fallout, or email them with a deadline beyond which you will assume they have no plans to use your work despite the fact that they’ve paid you for it.

What about getting some advice from the NUJ?

Good idea, or the Society of Authors?

Emma

Thank you folks, those are all useful suggestions. I'm a member of the NUJ already but I keep meaning to join the Society of Authors. Maybe I'll do that. Trouble with issuing a deadline is I know if I do this editor will phone me up and insist there's an issue coming out soon, and when he phones (which he's done several times, at length, although we've never actually met) he's very difficult to get off the phone without being rude! It's really all rather odd.

Meanwhile the magazine's website is still up and inviting contributions - it's also listed in several current lists of markets, although it seems not to have put out an issue for upwards of two years.

Clare

If he does say 'soon' you can say, 'Fine. You've got six weeks' or whatever's reasonable, and then it's his problem.

The Society of Authors are great at this sort of thing! I can't find their leaflet on dealing with magazines, but I'm pretty sure it's got something in it on this question - you can always buy it if you don't want to join now.

Emma