Magazine subscriptions services

Have you ever thought about why people use a magazine subscription service? The idea of getting magazines at a substantial discount is very appealing. Really though when you think about it magazines are a great way to relax. Even moreso, magazines are a fantastic way to get the latest information. Books are fine when the topic is older; however, they are not necessarily the most up to date when it comes to the latest trends. If you are a constant traveler like me then you like a variety of reading choices.

Publisher reserves the right of final approval of both the form and content of each contribution from the Author. Publisher may, as it deems desirable, adapt and edit or authorize the adaptation and editing of each contribution. Publisher may or may not publish a contribution at its sole discretion.

One of my favorite magazines, Robb Report, provides the finest luxury items on the market today. Sometimes, the products are so new that they are not even for sale, yet. It's easy to get lost in your dreams when you read a magazine like the Robb Report. The beautiful cars, like the newest Ferrari, or the hottest getaway spot for the rich and famous. Just because you have money doesn't mean that you want to waste it. That's one of the beautiful things about magazine subscriptions when you use an online discount savings service, you don't pay retail prices and you can save money for the luxury items you pine for.

In consideration of the services performed by Contributor hereunder and the rights granted and assigned hereunder, Publisher agrees to pay to Contributor, subject to the terms herein, an amount as set forth in Exhibit B.

Again, that's pretty straightforward. The question is, what's actually written in Exhibit B and what kind of "kill fee" is detailed, if any. And here's the final clause, in Exhibit B, that punctures a hole in any sort of argument that the publisher may have with the author:

Payment for each contribution shall not be made until such contribution has been approved for print in the magazine. In the event that a contribution is not accepted for print, the contributor shall not be entitled to payment.

My reading of this is that it's an all-or-nothing contract. There's no legal provision that gives them the right to withhold partial payment for any reason: either the terms of the contribution are met as detailed in the Exhibit, or they're not, in which case "the contributor shall not be entitled to payment."

If the difference is more than a miniscule amount I would suggest that you call up the publisher and say that upon further reading of your contract, you do not see that they have any basis for withholding 2/3 of your payment and that you'd like to see a check issued for the balance of the article payment immediately.