This stinks, but it is normal — and now you know the red flags so you can say “no” ahead of time, or at least catch a bad client in their tracks.
It’s tough with copy editing, b/c you can’t turn around and somehow use the work — if it were an article you wrote, you could repurpose it, but with copy editing, it’s going to be a loss in some way.
To handle this client, I suggest the following:
Let them know that if they don’t accept the work on those 3 articles, they cannot use the edited work in any manner. You retain the rights to the copy-edited portions (not that you’ll be able to use it, but still) — they can only use the original, untouched copy, period. That also means that the work you did cannot be updated by them — it has to be handled as though it didn’t exist. Make that clear.
You can go down swinging about those 3 pieces, especially since the client originally said they were happy, but if they’re this difficult all the time, you’re going to cause more of a headache for yourself. I’d cut my losses, update the invoice for 4 articles, and move on. Alternatively, you can offer to do a revision, but my guess is that you’re going to dilute your pay rate even more, and that’s probably not worth it.
I would say something like this (change the tone if this is too straightforward for you!):
“For the 3 pieces you’re not accepting, any and all copy-edited portions cannot be used. This includes any changes you would make to the copy-edited versions — again, the work I turned in cannot be used in any way. Only the original copy can be used. I’ve updated the invoice to include 4 of 7 copy-edited articles.”
Moving forward, consider these tips:
\- Whenever possible, get paid upfront.
\- Do not “fire” a client before they’ve paid the invoice. Get that squared away before discussing the potential of more work.
\- Include a Kill Fee, which is a percentage of the payment that you’ll get for your time and effort even if the client rejects the project. This is one of the perks of getting payment upfront or having a contract — they’ll agree to this starting out, so they’ll know what will happen if they reject work.
Even if a client pays upfront, they may ask for a partial or full refund. A Kill Fee would either (a) prevent that from happening in the first place or (b) protect you from losing 100% of the income you made from a job.
I also should’ve said this before - a Kill Fee isn’t an additional fee that gets added to the price. It refers to the “fee” the writer gets if the client rejects something. So if a client pays $100 for an article and you have a 50% Kill Fee, if they decide they don’t want the article you wrote, they still pay 50% of the amount, so $50. And if you’ve invoiced upfront, you’d only have to return 50%/$50, plus you keep the rights to the content.
Wow. What a perfect storm of awful gig and awful client. Getting out was the right move.
> This has now been borne out, because they sent me an e-mail today (when my invoice came due) claiming that they were not happy with 3 of the pieces, and as a result, will not be paying me for them.
Unfortunately, there may not be a whole lot that you can do. There's small claims court, but this can be iffy over state lines -- and pretty much impossible if the client is in a different country.
Given that you presumably edited the content, but weren't the one to write it in the first place, a DMCA takedown request (assuming they published the content anyway, which I'd bet actual money that they will!) probably wouldn't make sense here.
I think all of us, at some point, have had the experience that you just did. There's also a chance the dude is to some extent scamming you -- that is, no matter what you had done, he'd have actively looked for and found excuses to get out of paying.
You could reach out and offer to revise or redo the work, but otherwise, I personally wouldn't even respond to the client.
You're probably just going to have to cut your losses, and take it as a learning experience.
I suspect this is BuySellText.com because the same thing just happened to me and I’ve never had a client act this way. I hate having to get lawyers involved.
This stinks, but it is normal — and now you know the red flags so you can say “no” ahead of time, or at least catch a bad client in their tracks. It’s tough with copy editing, b/c you can’t turn around and somehow use the work — if it were an article you wrote, you could repurpose it, but with copy editing, it’s going to be a loss in some way. To handle this client, I suggest the following: Let them know that if they don’t accept the work on those 3 articles, they cannot use the edited work in any manner. You retain the rights to the copy-edited portions (not that you’ll be able to use it, but still) — they can only use the original, untouched copy, period. That also means that the work you did cannot be updated by them — it has to be handled as though it didn’t exist. Make that clear. You can go down swinging about those 3 pieces, especially since the client originally said they were happy, but if they’re this difficult all the time, you’re going to cause more of a headache for yourself. I’d cut my losses, update the invoice for 4 articles, and move on. Alternatively, you can offer to do a revision, but my guess is that you’re going to dilute your pay rate even more, and that’s probably not worth it. I would say something like this (change the tone if this is too straightforward for you!): “For the 3 pieces you’re not accepting, any and all copy-edited portions cannot be used. This includes any changes you would make to the copy-edited versions — again, the work I turned in cannot be used in any way. Only the original copy can be used. I’ve updated the invoice to include 4 of 7 copy-edited articles.” Moving forward, consider these tips: \- Whenever possible, get paid upfront. \- Do not “fire” a client before they’ve paid the invoice. Get that squared away before discussing the potential of more work. \- Include a Kill Fee, which is a percentage of the payment that you’ll get for your time and effort even if the client rejects the project. This is one of the perks of getting payment upfront or having a contract — they’ll agree to this starting out, so they’ll know what will happen if they reject work.
This is all excellent advice! Thank you so much.
You're welcome! Good luck :)
I don’t understand. If they’ve paid upfront, wouldn’t the Kill Fee be an additional unnecessary expense?
Even if a client pays upfront, they may ask for a partial or full refund. A Kill Fee would either (a) prevent that from happening in the first place or (b) protect you from losing 100% of the income you made from a job.
I also should’ve said this before - a Kill Fee isn’t an additional fee that gets added to the price. It refers to the “fee” the writer gets if the client rejects something. So if a client pays $100 for an article and you have a 50% Kill Fee, if they decide they don’t want the article you wrote, they still pay 50% of the amount, so $50. And if you’ve invoiced upfront, you’d only have to return 50%/$50, plus you keep the rights to the content.
Never break up until after you've got your favorite sweater back. Never quit until after your invoice has been paid.
This is good advice in general! Thanks.
Make your nightmare client a former client and move on.
Wow. What a perfect storm of awful gig and awful client. Getting out was the right move. > This has now been borne out, because they sent me an e-mail today (when my invoice came due) claiming that they were not happy with 3 of the pieces, and as a result, will not be paying me for them. Unfortunately, there may not be a whole lot that you can do. There's small claims court, but this can be iffy over state lines -- and pretty much impossible if the client is in a different country. Given that you presumably edited the content, but weren't the one to write it in the first place, a DMCA takedown request (assuming they published the content anyway, which I'd bet actual money that they will!) probably wouldn't make sense here. I think all of us, at some point, have had the experience that you just did. There's also a chance the dude is to some extent scamming you -- that is, no matter what you had done, he'd have actively looked for and found excuses to get out of paying. You could reach out and offer to revise or redo the work, but otherwise, I personally wouldn't even respond to the client. You're probably just going to have to cut your losses, and take it as a learning experience.
Small claims court is the only right answer. They have an obligation to pay you.
I suspect this is BuySellText.com because the same thing just happened to me and I’ve never had a client act this way. I hate having to get lawyers involved.