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Editor Stole my Story! and How Do I Become a Freelancer?

I'm taking two questions from the forum that haven't had any comments and answering them. I invite our members to join in if they have helpful information as well:

Travis Braun asks:

Anyone have any tips for publications stealing queried ideas? I recently pitched a story to a publication and found it in the next issue, written by some staffer.

How do we protect ourselves against this?

Travis,
You don't say how often this publication comes out, but it is rare for editors to outright steal ideas. If this was a monthly magazine, they already had your idea in the works. If it was a weekly or daily newspaper, it's possible, but still unlikely. Usually what happens if an editor likes your idea and can't hire you, they will pay you a finders fee. Unfortunately though, ideas don't hold a copyright and editors are free to take your ideas if they want. However, in 9 years of doing this full time, I've never had that happen. You'll be limiting yourself if you're afraid to send queries. Instead of a negative, I would look at it that my idea hit the target and try pitching another.

_________________________________

Emily Kostic asks:

I'm a college student that is double majoring in Journalism and advertising and would love to start freelancing. I've gone to a number of different sites but am confused about how to go about starting this up. Any suggestions would be greatly appreciated.

Emily,

You probably already have the basics down of having a passion for writing and reporting skills. Next, to be a successful freelance writer, you have to have business knowledge and an entrepreneurial spirit. Freelance writers are writers first, but we are also marketing agents, our own PR department, researchers, bookkeepers, collectors and overall, business managers. My advice is to first write a short business plan of your goals and then start local. Do you like sports? Maybe your local newspaper is seeking a sports reporter. Or local or school government, small papers often use freelancers to cover school board, park board or sometimes city council meetings. As you build a clip file, you can start researching larger publications and their freelance needs, as well as consumer magazines.

Good luck! 

Published Thursday, May 24, 2007 11:09 AM by KerriFivecoatCampbell

Comments

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 8:57 AM by Mike Luongo
You have never had this experience?  I once pitched a story to a major New York publication during ASJA and the managing editor told me it was so good an idea that she would never trust it to a freelancer and would assign it to a staffer instead.  Now as far as I know they never used the idea....I was just floored speechless by the response.  And I already worked for the publication in question, which shall be nameless

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 11:27 AM by Bruce Shutan
If you feel strongly enough about this situation and really want to prove the idea was stolen, do a little investigative reporting by amassing a paper trail of e-mails or letters pertaining to exactly when your query was sent out and see how it squares with the publication's production schedule. Then take your findings to the publisher and explaion the situation. Since I'm a fellow freelance writer and not a lawyer, I'm not sure what sort of legal ground you might stand on, but you can always consult an attorney. One name who comes to mind is Jill Miller Zimon, a Cleveland-based attorney who became a freelance and was part of an SPJ panel discussion I took part in at the 2005 national convention in Las Vegas: www.jillmillerzimon.com. I'm thinking if you can't sue, then maybe the publication would agree to pay the equivalent of a kill fee or let you write another article.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 11:48 AM by Travis Braun
Thanks very much for the advice, everyone. It WAS a monthly publication, but the production schedule was such where my idea would have had time to be written by a staffer.

Thanks again.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 12:48 PM by Susan McKee
Keep in mind that there are no new ideas.

You may think that the publication "stole" your idea, but -- someone else probably pitched the same idea before you did, or the editorial staff generated it, or whatever.

FWIW: get over it.

Figure that you've nailed the market and send them more queries.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 7:19 PM by Kerri Fivecoat-Campbell
I completely agree with Susan, Travis. Knowing it is a monthly, even they are usually produced 2-3 months in advance. If you really believe this publication stole your idea then you probably don't want to write for them anyway. But as a small business owner, you have to pick your battles and know who you should alienate and who you shouldn't. Again, ideas have no copyright, you wouldn't have a legal leg to stand on and would accomplish nothing by having an attorney contact this publisher - other than tarnishing your own business reputation when this editor talks to his editor friends. I would either let it go and never pitch that publication again (or that editor when they eventually move on to another publication) or be glad I nailed the market and keep pitching. If it happens again, you can send the editor a note asking for compensation.  

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, May 24, 2007 7:24 PM by Kerri Fivecoat-Campbell
No, Mike, I haven't had this happen, at least that I'm aware.
There's certain stories the papers for which I write wouldn't allow me to do even if I had the idea. However, they've told me they would rather do it in-house and I've asked for an idea fee.
Perhaps since that publication never ran the story, the editor actually meant, "If we did that, we would do it in house." I'm sure you were stunned, but if you hadn't been, wouldn't smiling and having said, "Great! I'll be expecting a fee for pitching the idea to you in my next check!" been delicious?

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Friday, May 25, 2007 11:03 AM by Star Lawrence
Ideas are like money--they can make you money or be stolen. In 25 years in the business, I have had them stolen without question. I completely do not agree with the conventional wisdom that this is all a coincidence. But this is the business, so we have to suck it up.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Tuesday, June 05, 2007 2:01 PM by Deb Krol
I have had queries bounced back by an editor after another writer pitched first--but the editor was good enough to let me know. Such editors are worth their weight in gold.

If your idea had already been pitched by another, the ethical [or polite!] editor will let you know that--but see my last graf on that.

I've had ideas being 'borrowed' happen to me too--unfortunately, since there was some gray areas [like the guy who stole the idea had written some books on the general subject that I was pitching him on with a new twist in the subject!] there wasn't much I could do. But I definitely agree that you should keep track of the timing of such incidents in case you do have a case [not necessarily legal but certainly moral!]

If an editor is so unethical as to do this, it will come back to bite him/her in a tender spot.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Thursday, June 07, 2007 10:26 PM by Michael Luongo
As I recall, there had been a famous case like this...it was about chocolate factories that do not process nuts - the premise being children with nut allergies won't die from eating this chocolate....the writer pitched the idea, did all the research, began writing, was then told the article was cancelled and then later, the same publication did the article, putting another person's name on it.  As I remember,the writer won the case against the publication because she could very well prove the work she had done....but then this was more than just stealing an idea, but work as well.....but I don't know who, where, what publication...a bit of research might undercover it

# Feeling Put-Upon As Freelancer

Tuesday, June 26, 2007 11:08 PM by saswriter
OK, so I've been a freelance journalist for quite awhile now, and I have just a minor gripe -- but it's one of those gripes that is starting to get under my skin.

I am tired of an editor e-mailing me for a source phone number or contact information he/she could easily find by just opening the local phone book! Sometimes, he/she wants information that he/she has provided to me in the first place!!!

Then it seems to become MY problem if he/she does not get the phone number in a timely manner, and I feel guilty for not living at my computer and checking my e-mail all the living day. Guess what? That is why I am a freelancer now and not a full-timer: I wanted the flexibility to actually have a family life and not be tied to my computer!

I'm all for being a team player, and I'm a pretty good one, I think, having worked both as a freelancer and a full-timer for this particular newspaper-newspaper chain, but after 25 years (give or take a few) in this business I am finding myself appalled at editorial laziness. When I was in journalism school, we were taught to show some gumption. Somehow, I learned not to ask others for information I could find for myself.

Oh! And he/she got irritated at me the other week for asking him/her for a phone number! I asked only because I was extremely stressed at the time and knew that he/she was acquainted with the source. Oh, the irony of it all . . . and today here comes another e-mail asking for the number of a source I found on my own. If it's for another reporter's use, I might just flip, because it was MY story idea.

Thanks for the opportunity to vent. I value my assignments, and I really don't feel I can say these things to anyone with the newspaper for which I do so much work.

# re: Editor Stole my Story! and How Do I Become a Freelancer?

Wednesday, June 27, 2007 8:01 AM by Patti McCracken
I've had this happen twice, both UK pubs (Times Sunday Magazine and The Independent). The Times ran my actual story, with a few bits changed here and there, and slapped a staffer's byline on it... The Independent stole my pitch, which meant that The Guardian--which was skedded to run the feature the following week--had to kill it. With The Independent, I didn't really get anywhere, but I DID write and request a type of finder's fee. It's worth writing the editor and invoicing them with such--if nothing else but to remind them that they stole your idea.

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