I’ve been
having a number of interesting communications from, even exchanges with,
editors in the past couple of weeks.
Oh, and I also got rejection number 28 from Clarkesworld. ‘Nuff said about that.
On the one hand,
I have a story that’s made it through the slush pile to the editor-in-chief at Spark. Which is nice. And
I’ve been exchanging messages with the courteous and efficient Matt Buscemi at
Fuzzy Hedgehog, who even sends me a new proof when I ask for an extra hard
return in my contribution to Beyond
the Hedge volume 1. (As an
side, I do like the way that a search for it on amazon.co.uk takes me to a cardboard
cat house.)
But most
curious of all have been my exchanges with Carrie Cuinn at Lakeside Circus.
You may recall
that I sold a story, The Root
Canals of Mars (which, I’ve just discovered, is also an ambient
soundscape thing by Daniel Crommie), last May to Lakeside Circus. My sole sale of 2015, as it turned out. A modest $14, but it’s not the money,
it’s the independent verification by somebody who doesn’t know me through
anything other than my writing that it’s worth putting in print.
Well,
immediately after signing and returning the contract to Carrie Cuinn, I
stumbled across this
blog posting regarding Lakeside Circus’ modus operandi. It raised alarm bells with me. Further Google searches have flagged
tales such as this;
although the fault doesn’t appear to be wholly on Ms Cuinn’s side, putting her
name into a search engine does seem to elicit a disproportionate amount of chatter.
Well, following
the signing of my story away for twelve months, what happened? Precisely nothing. Not a word. Not even when, after six months, I sent an email querying
Lakeside Circus’ plans for my story.
Silence. Void. Vacuum.
As April turned
to May I thought Ms Cuinn may get in touch to clarify matters before the rights
reverted to me. But no. Not a squeak.
So, a couple of
days after the guillotine fell, I sent this email:
Carrie,
As you have
chosen not to publish The Root Canals of Mars, the appropriate kill fee became
payable earlier this week and the rights have now reverted to me.
Grateful if you could make payment to my PayPal account, as per this email
address.
Regards, Robert Bagnall
Clear and
businesslike, I thought. The
reply, however, I found somewhat leftfield:
I did not
choose not to publish this work. Perhaps you've confused me with another
publisher?
Best, Carrie Cuinn
Not, ‘really
sorry, time ran out, I’ve been dealing with a long list of stories I want to
publish but still love yours, can we talk about scheduling it for later in the
year?’ or some such. Instead, it’s
‘I don’t think you meant me’.
Does she think I’m complaining about a rejection rather than a decision
not to publish something she’s bought the rights for? Surely the reference to a ‘kill fee’ would make that clear. So I reply:
You accepted it
for Lakeside Circus on 16 March 2015, I returned the signed contract on 12 May
2015, and queried when you'll be publishing sometime around November 2015 (you
didn't reply to my email). You may wish to check your emails, but can
forward you the contact (sic) if you can't find it.
Carrie replies:
I see the
confusion. No, I did not decline to publish it. We had a break in publication
for a while during which time we restructured (it was announced on social media
and on the website). I still have every intention of publishing it, unless you
want to withdraw it, which you're free to do since it has been more than 12
months. It's on my schedule for this summer, though, and I'd prefer to move
forward with it if that's okay with you.
Carrie Cuinn
At this I sense
a slight rat. The contract pays a
kill fee if Lakeside Circus does not run it within twelve months but, if I
accept the invitation of withdrawal no kill fee is payable. The kill fee is an even more modest $7,
but there’s a principle at stake here.
To be clear,
the confusion is entirely on your side. No, I do not wish to withdraw the
piece, as that nullifies the contractual kill fee. However, the facts of
the matter are that due to your actions or omissions the piece was not
published in the year since I assigned the rights to you. The idea that
your publication was in hiatus somehow stops the clock is laughable.
What we will do
now is that you will pay the contractual kill fee and, if you still wish to
publish, you may offer a new contract, which I will consider.
Robert Bagnall
A reply pings
back:
I'm not sure
why you need to be rude, or misrepresent what I'm saying. If you do not wish to
be published by Lakeside, that does not negate the fee due to you since it's
been more than 12 months. The contract is clear, and nothing I've said
contradicts that. However, since I never declined to publish it, but you said I
had, I wanted to clear up that I was still willing to publish it.
I will process
your payment, and take your work off our schedule.
Carrie Cuinn
Maybe I have
been brusque:
Apologies if my
response appeared rude; I was aiming for clarity given a year ago you 'loved'
my story, after which you decline to respond to my request for an update, and
then deny ever having been in contact.
Robert
And back again:
No, Mr.
Bagnall, I did not "deny ever having been in contact", just like I
did not decline to publish your story, I simply had not published it yet. You
can look over my emails to see clearly I never said that.
Considering I
wrote the contract to allow you the kill fee if you hadn't been published
within a year - a deadline which had just (barely) passed - I'm not certain why
you feel the need to be adversarial and repeatedly attribute things to me I've
not said. It doesn't affect the fee one way or another, so it really is
unnecessary. Please stop.
Carrie Cuinn
This is
seriously odd. So what if a deadline
is ‘barely’ passed; it’s either passed or it hasn’t. Maybe we’re arguing over ‘decline’. Lakeside Circus accepted my piece and
then failed - forgot? - to publish it.
I’m not using ‘decline’ in a particularly active sense here, but maybe
that’s what’s confusing, just trying to be more polite than using 'failed'. But I
think she did pretty clearly deny previous contact…
Apologies for
any confusion, but I was taking "I did not choose not to publish this
work. Perhaps you've confused me with another publisher?" at face
value,
Robert Bagnall
Back and forth, back and forth...
Yes, I did not
choose NOT to publish it. In other words, I did not decline to publish it, as
I've said repeatedly.
Carrie Cuinn
‘Declined’ to
publish? ‘Failed’ to publish? ‘Forgot’ to publish? Whether Lakeside Circus ‘didn’t choose’
to publish or ‘chose not’ to publish the result is the same - they had the
rights to publish until the calendar moved on twelve whole pages, but they
didn’t. I sense someone who’d
rather debate the semantics than deal with the issue.
Hmm. With or without the double negative, still reads like
'we've never spoken, you must have me mixed up with someone' to me.
Robert
To which she
never replied.
Suffice to say
that Matt Buscemi at Fuzzy Hedgehog has made payment on ‘Where do all the
Accountants Come From?’, whereas Carrie Cuinn at Lakeside Circus? Still waiting…
Hi Robert! I'm currently going through a similar breach of contract with CC. Is there any chance you could e-mail me at rosen659@umn.edu? Very curious to find if CC ever paid you.
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