Problems with getting payment

[TracyEnright]

Hi all

I wonder if I have could have some advice? Last September I noticed two articles I sold for usage had been used multiple times by the buyer. I've emailed constant (including the account manager) a number of times since then (8 or 10) to try and find out if a) I'm due any extra payment and b) how I can get the money. I feel like all my requests for clarification from Constant have disappeared into a black hole never to be seen again (apart from a sngle response where I was given the name of the account manager and since then I've been using that address). I don't want to mention any names and I feel a bit bad about raising it on here but I don't know where else to go. I''m starting to get frustrated since this has been going on for six months now and, since Constant take a pretty hefty commission, I would have hoped for at least an acknowledgement to my emails.

Can anyone suggest what to do next?

Thanks

Tracy

[Lysis]

You mean the usage payment didn't register or you think because the buyer used it more than once that you are due extra money? I'm not clear on that part. Did the client buy use and then change it to full rights? I"ve had that happen.

[Pellucidean]

Getting responses back to questions from CC is a definite problem, and it's not good that it's so hard to get in touch with them. I've had that problem myself, trying to get articles 'released' so they'll show up in searches. However, I don't think there's any problem with buyers using a single article multiple times… I mean, what exactly do you even mean by that? That they've published it in two different places on their website? I'm pretty sure usage rights allows buyers to use it however they want, except that they can't modify the content or claim they wrote it.

[HiredGun]

or claim they wrote it.

My understanding of CC's usage policy is that they can claim they wrote it if you don't sell your articles with your byline in place.

i.e.

This is My Article

by Joe Schmoe


Somebody correct me if I'm wrong...

[TracyEnright]

Thanks for this everyone

I'm confused myself. They bought two articles for usage rights and used each one in at least three different newsletters that I know of. If CC come back and say I'm due nothing then that's fine, I'll know for next time. The frustration is I've heard nothing back at all since I raised the issue last September. The issue of the buyer claiming they wrote isn't an issue (I don't think it had my byline on it.)

Waiting in hope...

Tracy

[Gail Kavanagh]

This is from the CC Help page 'How does the licence system work?'

The Usage License allows you to use the website content one time, but you will not own the content. Other buyers may have already purchased the article for usage rights or may buy the article after you. In addition, the article writer retains rights to publish this article elsewhere. You may not change the content in any way: You must keep the article in its original form without adding or deleting words; you must give credit to the writer by including the writer’s byline (if provided). Think of the Usage license as a rent payment for using the article as-is one time.

It appears from this that a usage content can only be used once by the buyer. If Full Rights are bought the buyer can do whatever - but usage really is only supposed to be one time/one purchase.

Hope that helps.

[TracyEnright]

Thanks for that Gail.

That confirms my understanding. Unfortunately, I still have the original problem - no response from CC and I really don't know what to do apart from email the account manager again.

Taking a deep breath...

[Maybeyehno]

It seems to me that you have the right to file a DMCA. However, you don't know which site (person) has the right to use the piece. It could be that the person who purchased it used it more than once or that it was stolen from them. CC not responding to your emails for this long is truly egregious, severely unprofessional and if I were you I would be ticked. You've tried for six months to get a response, is that correct? That's unbelievable. File DMCAs on everybody. This will likely lead to the person who purchased it, rightfully, to complain to CC and maybe that will get their attention. I don't think this is the best way to handle this. You could hurt the relationship between a customer and CC and word could get out that people shouldn't purchase from you because you'll file a DMCA on them after buying your articles or CC could get mad and discontinue your account (would that fall under contacting a customer?). Definitely not a good look all around. But what choice do you have? Now you just have to ask yourself if filing DMCAs is worth it and if that is what you want to do. However, if you do decide to go the DMCA route I would email CC (both addresses) and let them know you plan on filing DMCAs on errrbody and that could result in the rightful license holder receiving a notice.

[Lysis]

How much money are we talking here? I wouldn't go the DMCA route unless we are talking substantial. I think people should stay away from use if you chase your content. I charge the same for use and full rights, and that will stop what his happening to you. I also don't pay attention to where my content goes.

Not defending CC ignoring the question, but I have a feeling this happens a lot and they are a small business with not many resources. It might not be worth the resources to chase people's content. Also, we don't know if the guy got scraped to high heaven. Bots and scrapers are prominent on the web now, so you can post something and 20 people scrape your content 10 minutes later.

My suggestion if you follow your content is to stop selling use if this is a concern. You'll never be able to control the scrapers and once you start selling hundreds of articles, you'll go insane chasing it.

[TracyEnright]

Hi all

Thanks for your input eeveryone - I have to admit I'm starting to lose the will to live over this. In answer to your questions/comments...

Two articles were bought for usage and the same website/publisher have used them in several different newsletters. It only equates to around $200 dollars, but with the hours/number of articles I do, it's quite a chunk.

I do tend to do a quick check for my work every now and then, more for my portfolio than anything since I'm still pretty new at this. I haven't had work plagiarised so far (as far as I can tell!) but I wouldn't be surprised if it had happened. I don't believe that's what's happened in this case.

I know CC only have a small team, which is why I've remained polite and professional and given them the full details (including website name, account number etc. and offered to supply pdf copies) in every email and tried to give them a reasonable time to look into it.

I really don't want to cause a fuss and take the nuclear option, I just want it sorted out and, yes, the biggest irritant is not having any response from CC. We do give them a fair percentage and I would have hoped for at least one response, even if it was "you're not getting anything, so please go away!".

Regards

Tracy