Stolen Article Ideas

[Michaela Lola Abrera]

Last December, a friend gave me the contact of an associate editor for a well-established local travel magazine. I sent in a query. The editor told me that they wanted me to be a regular contributor and asked for a list of article ideas. Though I know that sending in article ideas can be quite risky (I've had a topic taken before), I sent in a detailed list of article ideas (overview, slant, etc.) since it seemed a legitimate offer. I didn't hear from her again. I sent countless follow-up emails but...silence. I later heard from my friend that the associate editor moved to Singapore and was working for another publication. I sent an email to the executive editor regarding what had transpired (or lack thereof), hoping that maybe they will still take my ideas--no response, of course.

Well, they did take the ideas...

I saw the magazine on the newstand with two of my article ideas (same slant, same everything..just with another writer). I was angry, mostly at myself but figured that that was the ugly nature of the game since its pretty much impossible to claim ownership to "topic ideas". Out of curiousity, wondering if maybe other writers could have possibly came up with it and it was by some slim chance just a coincidence, I emailed the writer asking how the article came about. She said that the editor suggested the topic. I was infuriated but decided to let it go...

But I've been following the magazine and saw that each month, they've been using my topics to the point of following the same format that I designed and now, not just for the ideas I proposed but also the listings of previous destination guides I've written.

I'm angry but I also feel helpless. I know I can't claim authorship over "ideas" and that it happens quite often for many other writers but it's so blatant, so clearly copied...What do I do? I want to write the editor of the magazine and lambast her on their unethical behaviour but I know that they can just as easily say that it was just a "coincidence." I'm also wondering how one can protect their proposals and ideas from being pirated. The thing is, I've sent lists of ideas to other publications and its lead to lots of gigs and a good working relationship. I'm just always nervous now when editors ask for ideas or when I send a query since I'm not sure if it will just be taken from me. How do you decide when to hold back or when to send out your ideas, especially if it's been requested? The thing is that the publication is well-known here and my friend (who was not involved in the whole debacle) knew the associate editor so it seemed like a really safe thing to do, especially because the associate editor made it seem like it was a legitimate gig that would lead to steady long-term work.

Any suggestions? I sent a LOT of ideas on that list and I hate that they just keep using it every month! What do I do? It's not as if I can threaten legal actions (or can I?).

[Michaela Lola Abrera]

oh and the publications is Travelife magazine

[candy harrington]

Well, I can't help you with the past, but I can give you a suggestion for the future. As you know, there's no copyright on ideas, although some high end womens pubs do give "idea fees". Usually something like only $50 per idea, but you have to give them a lot of details. That said, when you submit a pitch or an idea, you not only have to interest the editor in the idea (why they should cover it now) but you have to tell them why you are the best person to cover it. Otherwise, yes staff writers will cover it. So be a little vague about the meat of the article, but stress why you have the expertise, contacts and knowledge of the topic to cover it.

Candy Harrington

[Mamabeah]

Do you have a copy of the email you sent to the first editor with all of these ideas? If so, and you have interest in working with the publication in the future, I don't see what it would hurt to say "hey, here were my ideas and I've seen them in x, y, and z month. I'd be happy to write the remaining features if you haven't assigned them out."
At the very least you are letting them know that you know.

I have been through this myself down to the pub using the same hed I suggested and I was not happy about it. Because I wasn't interested in working with them again I did let them know that it was unacceptable. I don't believe in always turning the other cheek because to me that means the editor continues to believe they can get away with it.

But yes, in the future, hold a little back in your pitches and also don't keep giving more and more details until they've assigned. I had to put down my foot with one editor and say "Yes, I'll be happy to flesh this out even more if you are offering the assignment."

Gotta be bold both ways.

[Amanda]

I love Mamabeah's sassy approach! Here are my two cents, cross-posted from the other thread...

Michaela, what a sucktastic situation! Keith's right, there's no copyright on ideas, however, there's such a thing as "idea fees" when editors wholesale reassign writers' concepts and slants (usually 10% of the going rate: weak, but tis better than all-out theft).

A few ideas, in order of bolshiness:
1. Why not drop the former editor in Singapore a note? She may have some insight into how this happened, like "oh, man, I quit unexpectedly and your story ideas were in an unlabeled file on the desktop. They probably have no idea where they originated from. Soooooo sorry and why don't I commission you to write an essay here?"
2. Write Travelife's editor AND publisher this time, pointing out the overlap, which sounds like it pushes well beyond "amazing coincidences". Suggest that you would appreciate an apology and an assurance such bad practice won't happen again. Believe me, if the folks in charge aren't sanctioning this, they're gonna be PISSED.
3. If you have a super-solid paper/email trail, you could send a 10% idea-fee invoice. The mag probably won't pay, but eds might stop stealing your brainstorms and others'. Cite your story list and publication dates. Consider snail-mailing, especially via registered post, to ensure the pub's attention...
4. You could explore legal options, mainly just to rattle any guilty eds' cage. Maybe find yourself a bar-certified graduate student studying for a masters in Intellectual Property Law (the University of Washington has a program). He or she might get a kick out of pro-bono-ing a firm cease-and-desist letter or whatever...

If you have time, this seems worth pursuing. Bad behavior like this erodes the trust between editors and writers – look, it's already made you hesitant to pitch ... as if pitching weren't hard enough.

Good luck and keep us posted, Amanda
_____________________________________________
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Instructor for http://www.writers.com/castleman.html
and a 2010 Rome spring workshop for http://www.travelwritingclass.com

[John]

Why not send a copy of the original letter, complete with the date you already sent it, to the editor in chief of Travel Life and any other relevant editors on the masthead.

They may not fess up to stealing your ideas, but if they realize that your ideas were so good that they have decided to use coincidentally similar ones, they might hire you to write some of the ones they haven't already stolen.