How do freelancers protect themselves from fly-by-night publishers?

This was the case when I took up the offer to freelance for a new publication: Entrepreneur SA newspaper.

Published by Nubia Media and Publishing, the paper promised to contribute towards the development of a robust Small, Medium and Micro Enterprises (SMME) industry. It claimed a print order/circulation of 550 000 copies every week and a national distribution footprint that reached even the smallest town in the country.

I entered into a contract with them to provide my take on government's Expanded Public Works Programme and how entrepreneurs could benefit from it. I submitted four articles, each approaching the subject from a different angle, and was duly happy to receive an email saying that they were willing to pay for all four articles. They offered me a rate of R1.50 per word, subject to publication, but no kill fee. (For newer writers out there, the term "kill fee" applies to a fee that's paid to the writer if the article is assigned or contracted for and ends up not being used by the publication. Not all publications offer kill fees.)

Then they disappeared.

There was no warning. No notice was given. All communication just stopped. Emails went out with no reply, telephones rang unanswered and most frustrating; no money was forthcoming. I appealed to those in the know, but no-one seemed to have any knowledge as to what had happened to Entrepreneur SA, and sadly, the more I asked around, the more I learned that I was not the only one awaiting payment.

So what did I learn? Don't be lulled into a false sense of security. Promise of payment and actually seeing an increase in your bank balance at the end of the month are two entirely different things. Freelancing is a business and you must always protect yourself. We need to know our rights. You have the right to ask for a written contract, ensure that you have one and that you know what the terms of that contract is; and have the foresight to inquire about kill fees.

Here are a few tips that every Freelancer should live by (according to Bev Walton-Porter):

1. Get your agreement in writing, if possible - a snail mail contract or an agreement via email is fine. Don't settle for a verbal agreement over the phone. Writing is a business, regardless of how much personal enjoyment you get from it. Protect your livelihood as any other businessperson would!

2. If no kill fee is mentioned, discuss the inclusion of a kill fee with your editor. You may not win the battle, but by not asking, you are surely cutting your own throat.

3. Stop being a timid writer. When you're a novice, it is easy to believe you should merely be blessed just to have any of your words published. However, as you become seasoned, you will remain thankful for your sales, but you will also realize that publishers and related fields surely would not even exist without the most basic element - professional writers such as yourself.

4. Don't be aggressive, but remain assertive and ask questions. When posed the right way, and with a tinge of friendly politeness, most people will be glad to answer your writing-related questions, including editors. Editors are people too. Give them the respect they deserve, but require basic respect in return.

5. Do research! If you've got a feeling you're working for a less-than-stable publication, ask for details about the company. It's a reasonable request, and information which any level-headed business client should have access to.

6. Network, network, network! Talk to other writers. Ask about the publication you're considering writing for. Ask writers about their experiences - how were they treated? Were they offered a satisfactory contract? Were they given the option of a kill fee? Did they get paid on time, or better yet, did they get paid without a hassle?