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Magazine reprints within the same group? No permission?

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I just received a contributor copy of Hopscotch magazine with a puzzle of mine in it.  This struck me as odd as I was sure it had already appeared.  I checked my files and found I had sold it to Fun for Kidz and it appeared in 2008.  They don't send contracts.  In all my correspondence with them I gave permission for it to be printed in the specific Fun for Kidz 2008 issue, with no mention of further rights.  I did not receive additional payment for this new reprint,  nor notification that it would appear again in another of their magazines.  I hate to stir up trouble, but am I correct in thinking they should pay me for the second use of my work? 
Thanks!
#1 - June 09, 2010, 04:06 PM
Rebecca Langston-George
The Women's Rights Movement: Then and Now
Capstone: January, 2018

If you signed no contract with them, yes, they should pay you. Look up what they paid you the first time and invoice for payment for this second use.

Jan
#2 - June 09, 2010, 04:09 PM
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Hi Rebecca,

I have found the Bluffton group to be very helpful over the phone. I had an issue with a resale to a testing company and what I was going to get paid, and they were really helpful in remedying the situation.

I think you should get paid and I think you should call them and ask when to expect your check. :)
Cassandra
#3 - June 09, 2010, 04:11 PM

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Thank you Jan and Cassandra!
Rebecca
#4 - June 10, 2010, 01:06 PM
Rebecca Langston-George
The Women's Rights Movement: Then and Now
Capstone: January, 2018

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Hi Rebecca,

Am wondering if you were able to resolve this issue.

I got a check from them today for something with the memo "The Water Wheel" which is an article they printed in 2006, and the check was for half of my original payment. I tried to call but it's too late for my time zone. Will hopefully call tomorrow. I'm wondering if they are reprinting my article without permission, as well. Or selling it. Or just thinking that it was sooo wonderful they ought to throw me some more money. :)

Cassandra
#5 - June 16, 2010, 04:14 PM

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Hi Cassandra,
This came up right before I was set to leave for a week-long Highlights Founders workshop, so I decided to wait until I returned to contact them.  When I arrived home there was a check waiting in the mailbox for the same amount I was paid previously and a line in the memo "reprint".  I am surprised they didn't check with me prior to rerunning the puzzle, but I'm glad they paid again for the puzzle's use. 
What you're describing seems very odd.  Perhaps it's a reprint and they made a mistake in the amount?
Let me know what you find out.
Rebecca
#6 - June 21, 2010, 07:13 AM
Rebecca Langston-George
The Women's Rights Movement: Then and Now
Capstone: January, 2018

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Check your original terms. If they purchased one-time rights or first rights to your piece, and they haven't asked you about reprinting or reselling, they don't have the authority to reprint it or resell it. Once they've published it once in one (just one) of their magazines, the rights revert back to you...OR...(and this is where they could get you into hot water) to whomever *you've* sold the next use rights. And the water gets even hotter if you've granted *exclusive* reprint rights to the next purchaser, who then doesn't get the "exclusive" they've paid for if Blufton has reprinted it or it's appeared somewhere else that Blufton has resold it.

At one time they were reselling blocks of material to a database *WITHOUT* permission, and in my case, in two instances where "first rights" were clearly outlined in the original agreement and I specifically *denied* their request for resale rights because I'd already sold the rights, they resold them anyway! Luckily the next purchaser was understanding and I was able to work it out without burning any bridges, but this is not a cool way to do business in the publishing world.
#7 - June 21, 2010, 08:17 AM

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At one time they were reselling blocks of material to a database *WITHOUT* permission, and in my case, in two instances where "first rights" were clearly outlined in the original agreement and I specifically *denied* their request for resale rights because I'd already sold the rights, they resold them anyway! Luckily the next purchaser was understanding and I was able to work it out without burning any bridges, but this is not a cool way to do business in the publishing world.

This is distressing. I have also denied permission to use my stuff in databases and I only sold them first rights. How did you find out that they used them anyway? Google alerts?

Vijaya
#8 - June 21, 2010, 10:47 AM
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How did you find out that they used them anyway? Google alerts?

If they're reprinted on a website (as Odyssey has done with some of my articles (and they had the rights to do)), they should show up via Google alerts, but Google won't catch articles sold to databases---those are typically password-protected. I found my "resales" by searching by author in the databases I have access to through my public library and local university.  I do that periodically.
#9 - June 21, 2010, 11:48 AM

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Thankee, SimpliFi.

I will check the databases through the library.

Vijaya
#10 - June 21, 2010, 02:57 PM
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Sigh. I haven't been able to call while they are open, and today my daughter received her issue of FFK and there was a reprint of my article. The original sale included photographs which the reprint did not, so that should explain the difference in amount. I have to dig up the original terms of that sale but it was from before me moved and is in some box in my closet. Scary to have to look for it!

 

#11 - June 21, 2010, 05:00 PM

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I, too, just had this happen to me with a poem I sold to Fun for Kidz in 2005. It was first printed in 2007. I just received a copy of the May/June 2014 issue with my poem reprinted. Wondering if anyone else has experienced this and had success in receiving further payment from the Bluffton Group for reprinting your work without your permission? Did you contact them first or directly send them an invoice for what I assume would be a lesser amount than the original sale?
#12 - May 06, 2014, 04:03 PM
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Annette, I had this happen to me in November. The magazine came first, then the payment showed up later. I can't remember if I contacted them about it- I know I intended to but I think the check came so I didn't have to. It was a slightly less amount.
#13 - May 06, 2014, 06:37 PM

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Annette:
This has now happened twice for me (2 different pieces of writing).  As Cindy said, the magazine shows up in the mailbox, then a couple weeks later the check arrives.  It freaked me out the first time as it was unexpected and I hadn't heard anything about being paid a second time.  However, since I did get paid both times for the second printing, I figure it's a little extra money for no additional work, so yay.  Had I resold the piece elsewhere myself then the Bluffton reprint could have been a problem.  :spock
#14 - May 06, 2014, 07:24 PM
Rebecca Langston-George
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Thanks, ladies. Yes, it was quite a surprise for me too. I'll wait to see if I receive a check then.
#15 - May 07, 2014, 08:38 AM
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Hmmm, I wonder if they track down authors when they move ... I wouldn't mind $$ in the mail.
Vijaya
#16 - May 07, 2014, 09:28 AM
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This has happened to me several times and I have always been paid.  The check arrives separately.  I would definitely make a call and make sure they have your correct, most recent, address.  I'm sure it will work out.
#17 - May 07, 2014, 10:56 AM
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They've reused several of my pieces. As far as I know, the editor has always asked me about it first. The first time it happened, I assumed I'd get paid for the reprint, but I wasn't. I chose not to follow up, but since then, whenever she asks, I always say in my response, "That's fine. I assume I'll get paid for the reprint." And I have been.
#18 - May 19, 2014, 01:14 PM

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I wasn't informed (or asked) at all, but the check did just come this week.
#19 - May 19, 2014, 08:02 PM
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The checks and reprint issues have always arrived as a surprise to me as well.  Definitely worth making sure they have your most current address if you have moved.
#20 - May 20, 2014, 03:53 AM
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