BlackBook Stiffed Me; It’s This Boring Story Again
Many of you have recently read stories about various media publications denying payment to their freelance and contracted workers as the economy worsens and the entire industry begins its shift to an electronic platform.
Here is another one.
Last year I was contracted to write a New York City shopping guide for BlackBook Magazine at a rate of $20 per item, for a total of 200 listings. My deadline was August 1, 2008. After some administrative issues with the website ensued, I was unable to upload my items onto the BlackBook website until early September.
My editor over this time was unresponsive, and took his time editing and placing my work on the site. In the end, 172 of 200 listings were completed by December, and before I could upload the final 28, my login was disabled and my contract was terminated.
During three months of inquiries about when my final payment of $1,440 might go out, I was told the following:
First, BlackBook tried to low ball me on what I was owed.
I corrected them.
My correction was noted.
Then the punting ensued.
I figured this is standard procedure, especially for BlackBook, who isn’t known for it’s timely payments. But then after following up again last week, I was told that the matter was out of the hands of Chris Mohney, and into the hands of Joe Friedman, the controller of the company. After a leaving a voicemail and sending two emails, I received a response from Joe, who is now refusing to pay me at all, citing my alleged breach of contract. According to him I had not completed my work by August 1, 2008 – despite the fact that this is their own fault – and therefore I would not be paid the outstanding balance of $1,440 at all.
Joe even implied later in the email that he could take back some of the money I’ve already been paid.
Now, I could go into the specifics of an absentee editor; the irony of a luxury publication built on the backs of low wage writer slaves; the fact that writing a shopping guide is valued more than actual journalism by virtue of the price it commands for a writer, should they actually get paid; and even my previous experience of waiting eight months for a BlackBook check. But really, like every other human in the working world, I just want to get paid for my work.
Having been burned many times before (though not quite to the extent you were), I try to find out a magazine’s reputation before even pitching a story. (There are certain high-profile places I refuse to contribute to for this very reason). Sadly, its often the places that offer the highest rate that are the worst at paying out. I cant believe BlackBook even offered that good a rate to begin with, given the state of affairs there.
You go girl, you worked hard you should get paid.
It’s really terrible how badly freelancers are treated.
I think the Freelancer’s Union should get more involved in the industry to help solve this problem.
Pretty sure you can sue for triple wages, Nik. These dudes suck balls. Fuck them! You have a lawyer? They just had a 9-4am open bar party at Greenhouse last week that I’m sure cost them way more than they owe you. I’ll bitch slap these bitches for you too!
I love the “CEO is out of town” jive, it just makes me want to puke. And the suit’s email is basically all, ‘I’m a scumbag liars who refuses to pay you because I don’t have to.’ Blackbook is such a vile magazine anyway, that’s probably why they offered so much.
Lastly, hey Blackbook, I wouldn’t be surprised if you rigged the site so Nikki couldn’t upload those listings–so she would be theoretically in breach of contract.
Hee hee. Their website allows for user comments. I know you’re a professional and would never do anything, but I’m sort of like Robin Hood.
What is funny is how these same people will lose their ish
when it’s their turn to be conned/scammed.
Actually, you have one serious option which should get their attention.
If the work was never paid for, then it’s not theirs – regardless of the contract’s status. And this means that their publication of the work represents a copyright violation that merits a cease and desist letter, as well as efforts to remove the material from the marketplace (impossible, if it’s been released online), and recompense for any damages suffered while the work was in illegal circulation.
Sure, they gave a semi-plausible reason (bear with me) for not paying. This would be a douchey but technically acceptable way to reject the work.
But as soon as they take the work and publish it without having provided any recompense at all, they’re in violation of the most basic tenants of copyright law.
Their lawyer almost certainly knows it, and it counting on the fact that you probably don’t.
I’m not saying any of this as a lawyer (I’m not a lawyer). I’m saying it as a producer who has spent time on nearly every job he’s done fretting about rights and clearences – knowing full well that any piece of intellectual property that makes in onto the air or into print without the proper clearence (i.e. a statement showing that the production company owns or controls the necessary copyright permissions) then is a lawsuit waiting to happen.
So my suggestion (which you should absolutely run by a lawyer) is to send him a note thanking him for taking the trouble to put in writing a clear statement that they have deliberately chosen to publish work to which they have no legal claim, and that they have refused all reasonable efforts to resolve the situation amicably – or even honestly.
Tell him you want triple damages – now – in return for which you’ll sign the agreements that can protect them from an embarrassing and costly court order forcing the work’s retraction.
Hope this helps.
Not to be glib, but I am not above violence in situations like this. If perfectly rational dialog and patience do not elicit a similarly rational response, then there is no other practical resolution. Especially in desperate times. I spent way too many years freelancing for those types of magazines and I have nothing but sympathy for your situation. I once went into the Flaunt magazine office and “accidentally” knocked over a scanner and a laptop. Fuck ‘em.
I’m a photographer. I’ve shot for them and never got paid, after invoicing, about two years ago.
As a freelance writer, I sympathize, but I’m surprised you didn’t take the easiest and most obvious option. For a few bucks and a trip to Downtown Manhattan, you can file in Small Claims Court for up to $2,000. All you need is the corporate name (on the ABC statement on the masthead page). Go into your court date with printouts of the emails and a printout of some of your work, and the administrator will grant you the money immediately. Chances are, they won’t even show up. But once you get the judgement, the court will take a lien on all of their bank accounts.
Yup same here.. no money… got the same run around… sucks working for yourself.. I mean really… this mag bites.
John
Los Angeles
Having dealt with Glamour, Cosmo, Good Housekeeping and other slicks, I can only say I am much happier writing for my local alternative weekly, which pays me for my freelance column every Thursday on the dot of noon. I often waited six months to a year to be paid by the big mags. By then, you’ve spent the dough 10 times over and are worn down from the fight. At one magazine that kept giving me the runaround, I showed up in person and said I would wait in the office until someone cut me a check. And if no one was available to pay me, I would start hauling out chairs, filing cabinets and other furniture until I felt we were even. I got the check.
[...] for the rag, was suuposedly owed $1,440, and in response to their greediness/cheapness, she posted EVERY email those scumbags wrote her. Sorry Nicole stay [...]
Wow, that’s insane. I went through something similar with another magazine a few years ago (their excuse: “we’re between billing cycles right now” — funny, they were ALWAYS between billing cycles), and finally got paid only after I threatened legal action.
So exactly is the point of the Freelancers Union if not to protect workers against this kind of abuse? Also, why haven’t talented freelancers put their heads together to figure out a way to get even with those stiffing them on a public relations level if nothing else?
No Nicole, not a boring story at all. I’m really sorry to hear about this, my heart goes out to you.
$1440.00 is a lot of money for anyone these days. This would not be tolerated by myself whilst working in the United Kingdom or Europe. I would simply turn up and threaten to rip the head off the responsible person and shit in his neck – it always worked for me. Then the word is out on the street.
Just find with an English “gentleman” like myself – who I’m sure will gladly do it for you.
@Lexington:
Well, I am a lawyer, and he’s right–they do not own the copyright on works for hire for which they have not paid, regardless of what the contract purpostedly says. Sue them.
People should start spamming the BlackBook Twitter account: @BlackBook_Media
… and leave snarky comments on the BlackBook Myspace page: http://www.myspace.com/blackbookmedia
[...] Stiffing Your Freelancer: The Direct Approach [Struggling Writers] VA:F [1.1.7_509]please wait…Rating: 0.0/5 (0 votes cast) This article was found on Gawker. Click here to visit the full article on the original website.A good reason not to write for BlackBook: “Your final check will be sent out next week” is followed two months later by “there will be no further payment for your services.” [...]
I wrote and researched a guide to Ibiza and Formentera – it cost a huge anount of my own money to go and research this – I got 1000 USD but the other half 1000 USD is “in the post”. I invoiced Mr Mohoney on August 13th 2009 still no payment !!!
I eventually got paid so thank you BlackBook !