Hi Mridu,
I’m sorry to bug you about this but I remember on your blog that you wrote once about the annoyance of American publications using your work, then holding payments hostage until you sign their contract.  I’m in a similar situation right now with a well known magazine.  Long story short they published my work, then sent a contract and now refuse to pay me until I sign and send in their contract even though I have concerns about it.  All they keep telling me is that it’s the contract they’ve used for 15 years - so far total refusal to even engage with my concerns.  Do you have any advice about how to go forward in such a situation?  I’m in another country so something like small claims court is not an option.  I just thought that since it sounds like you’ve had a similar situation you might have a trick up your sleeve that I haven’t thought of yet!
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Great question! I’ve had two experiences. The first time, I complied. I needed the money, they were asking for all rights, and they’d already printed the piece. I wanted to work with this publication again, and it was the first time I had been faced with this kind of situation. So I signed the contract and never worked with the magazine again.

Magazine no. 2, also a national magazine, and people I wanted to work with again. However, this time, I was simply not willing to compromise. I told the editor that no, full-rights had not been discussed with me, and I had not signed away my intellectual property. I got into it thinking it was a first-rights agreement and I wouldn’t sign a back-dated full rights one. They’d already printed the piece. If they didn’t pay me, I could take them to court. Know that. You’re the one with the power here. They’ve already printed the piece, discussed payment with you, but do not have a contract saying you grant them all rights. They cannot legally hold your payment hostage. In the absence of a contract, your e-mail trail works.

So negotiate. Will it ruin your chances? Maybe. But I figured I wouldn’t want to work with them anyway. And you probably won’t either if they’re trying to take advantage of you.

Surprisingly, the magazine editor in question got back to me and apologized, said they were sending a new contract, and that was that. I’ll likely be working with them again soon.

So there you go. I lost my rights and I lost a market. Then, I stood up for my rights and still saved my future with the company. Not to mention my self-respect.

Go for it. You really have nothing to lose.

Hope that helped!