# Ready to Name Names



## foodnfoto (Jan 1, 2001)

I have really had it!!!
I did some freelance work for a well-known company that publishes some very respectable (yeah, right) magazines last March, May and June (2001). The work I performed was food styling and recipe development. After having been told I'd get paid for my services after 60 days, I, reasonably, expected payment. I didn't get paid for the first job until the end of July and am still waiting for the work I did in May and June. I've been lied to, promised payment and only recieved a small check for a little portion of the services I provided. Meanwhile, this dirtbag company is using the photos and recipes right and left! After 60 days, I started adding a 5% late fee to each bill for every 30 days they remained past due.
Last month I filed suit in NYC small claims court to, hopefully, get paid. I wrote a letter to the editor-in-chief asking, one last time, for my pay and suggested that it would save us all a lot of time and trouble if they would just send a check for all the charges. As yet, no reply.
I'd like to warn all potential stylists and developers out there of the sleazy tactics employed by this company and also to suggest to any pastry chefs or bakers that if they are approached to have their work published, they should ask for pay up front. I warn you!! Do not give away your talents for free! These dirtbags think they can use your talent and ability to fill up pages in their magazines without having to pay you for it!!!!!
It's a matter of public record at this point. If you can't figure out who it is, just ask. I'm just ticked-off enough to tell!!!!


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## chrose (Nov 20, 2000)

Just call me dense! But do tell! I can't figure it out. If you would prefer e-mail it to me. I'll be happy to support you by not supporting them if they're going to treat my comrades like that. Perhaps a well placed letter or two as well.


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## foodnfoto (Jan 1, 2001)

The low-life publisher is Haymarket Group who produces "Pastry Art and Design" and "Chocolatier". I've got photos and recipes in the past 4 issues of each and have yet to be paid for my efforts.

I'll let you know the results of the lawsuit. I know I'll win, but whether I'll collect my money is a different issue.


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## chefboy2160 (Oct 13, 2001)

Chocolate is the same color as mud which is just wet dirt . Do not let them treat you this way ! Let us all lend support . Of course thats just my opinion .:bounce:


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## pollyg (Mar 12, 2001)

That really is crappy. I feel for you. Let us know how it turns out.
Good luck, polly.


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## foodnfoto (Jan 1, 2001)

Thanks for the support, my fellow Chef-Talkers. Do me one more favor, cancel your subscriptions and stop buying these magazines. The sooner they are out of business, the sooner another business person will start one up to fill the void and the sooner stylists, developers, photographers (I understand they owe their photographer $40,0000 in past due bills) and pastry chefs will stop being taken advantage of. Of course, if they do fold (a boon to us all) it's unlikely I'll see payment. But that would be okay with me-I can always write it off my taxes as a bad debt.


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## cape chef (Jul 31, 2000)

foodnfoto, I am sorry to hear of this misfortune.
I get both these publications for my pastry chef.

I will share this with him,and we will look for other publications to fill this void, Again, sorry to hear of this mess, but thank you for sharing it with the community
cc


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## chrose (Nov 20, 2000)

I suppose the bright side if there is one, is that the majority of the people probably don't realize this, so it's still a good feather in the portfolio cap, and that can't hurt.


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## panini (Jul 28, 2001)

did you have a contract or work order with the $$ amounts?


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## chiffonade (Nov 29, 2001)

You'd like to think they're a "Knight in Shining Armour" for the small businessperson. This is not entirely true. Although a party must be in court, small claims cannot collect for you.

We got so burned in small claims court here in SW CO. The entire court system here is a joke befitting _The Dukes of Hazzard_ only with altitude. The judge did not see it fit to let us out of a kitchen space lease with a bar whose patrons did so much methamphedamine that they never ate. What is obviously one person's justice is not always viewed that way by others.

Good luck!

 _. o O (Glad I didn't start that subscription to Chocolatier)_


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## foodnfoto (Jan 1, 2001)

Thanks for your concern, Panini.
In answer to your question, most freelance food styling and recipe development work for editorials is done with a verbal contract. The editor calls you up and asks if you are available for a specific shoot date and you agree to do the shoot. Then they fax you the recipes and you start shopping a prepping. Then you show up at the studio on the agreed upon date and do your work. It's this way for photographers and prop stylists, too. When you get into TV and film, production unions become involved and then you usually get a written contract.
My work for Chocolatier and PAD was done under verbal contract as I have done with many other magazines (Redbook, Country Living, Biography, First for Women, Women's World, Ladies' Home Journal. etc.) with no problem at all. This particular company, though, has a bad reputation (I learned after the fact) for being slow to pay. To me, "slow to pay" would mean paying at 90 days instead of the aforementioned 60 days. It's now going on EIGHT MONTHS that I've been waiting and the compounded late fees are almost equal to the original fee!
Please- don't buy these magazines. Pound the nail into the coffin for me. Go to your library and copy the recipes you want. Or ask me for them, I'll email them to you. Got them all right here at my fingertips.
*&^$#!#%*&^*(^*&(^Dirtbags!


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## chiffonade (Nov 29, 2001)

I just got my monthly issue of a magazine that shall not be named. This magazine's parent company has a discussion board I used to frequent. In the past, the participants of the discussion board have cited instances where articles would be printed in the magazine which closely reflected our discussions. We wrote it off to coincidence, but this time it's too close for comfort.

Not long ago, I asked for feedback on how/where participants stored their pan lids. My lids look like a bad commercial for one of those plastic organizers that never seem to work. Imagine my surprise when there was a _ two-page spread with illustrations _ on this very topic several months after I raised the subject.

Unfortunately, you put in serious hours and deserve your rightful pay. However, publishers seem to pilfer ideas from a host of places. It never occurred to me that they may have begun the discussion board for the purpose of creating an information pool?

 Hmmmmmmmmm.


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## athenaeus (Jul 24, 2001)

I wish you luck foodnfoto.
I checked before I post. Verbal Contract is as valid as a written one in the State you work. 
In fact courts of Law are more severe when verbal contacts are broken.

In the mean time you are right! Not bying the issues is one step. Embarassing them in public forums is the other one.

Ok. This is radical but here is an organised community of people that take Food seriously. What if we started sending e-mails to those the just don't do their job as they should?


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## momoreg (Mar 4, 2000)

FNF, I'm so disappointed to hear what they're putting you through. When it comes time to renew my subscription, I may send the little notice back to them , detailing why they don't deserve a renewal from me (that's without me naming names, of course  ). That is inexcusable!

I would be interested in hearing how this matter progresses.


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## panini (Jul 28, 2001)

FNF,
Thank you for the explaination, I've done very little styling and it has all been for free for the local rag.
I wish you would not say anything that could be used against you here in this forum. At least use an alias. This could be some lone jerk in accounts payable doing this.
I would like to see you get together with others that are in the same position and approach the local authority. DA. You might find a common ground to really get them ( like prejudice against paying women) I'm assuming ? sorry, or something like that. 
I understand your position and respect it, I think there might be more help out there than you think. Boycotting the mag, even though I will to support you, might not be a big enough impact.
Don't give up, but don't let it comsume you either.
a supporter
jeff


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## kuan (Jun 11, 2001)

Foodnfoto, please don't take this the wrong way, and the rest of you guys too, please don't think I'm being unsympathetic. I really don't think you should be posting your personal views as well as details of your business arrangements for all to see. I see it as a matter to be resolved between the parties involved and that's it. Airing your personal displeasure over the situation can only be damaging to both parties.

You have a right to be paid for your work, and the published work is proof enough that you did it. Perhaps it's time, like Jeff says, for someone else other than yourself to handle the case.

Kuan


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## momoreg (Mar 4, 2000)

I'm glad you told us, F&F. We need to know who's honorable and who's not in this business.


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## foodnfoto (Jan 1, 2001)

Thanks to all of you for your support in this issue. 
Kuan, I appreciate your constructive criticism. Believe me, I've debated this issue for the past 8 months; however, I felt an overiding sense that people should know the truth about companies that intentionally exploit people. I am only the latest in a long line of stylists, developers and other talented people that have been taken advantage of by this publisher. Besides, I believe that an honest portrayal of the truth is far preferable to backhanded rumors and vague warnings that may not reach the people that need useful information. I wish someone had warned me of specifics before I committed to work for them. 
Quite a few people come to me to ask advice as to how to break into styling and development. I think I owe it to them (especially in a forum of professionals, such as this) to advise against pitfalls and traps that can harm their progress, this being one of them.
I know boycotting these publications or encouraging others to do so will effect no change whatsoever to my dilemma. But I think it is important for people to know the kind of business they support when making purchases of any kind, including a magazine.


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## culartist (Jan 2, 2002)

Sorry to hear of your bad misfortune, but the long and short of it is you must have written contracts no matter what you do in the food world especially food photos and published recipes ..I can tell you this from much experience in this matter.. I have been exploited very much early in my career and it doesnt get any better unless you become the aggressor and put it on paper..Sad to say but its worldwide, I have just come back from working in Stockholm ,Sweden, doing much work with papers, magazines and other restaurants and I assumed it wasnt like in the US and it was worse because the suedes are very tight with their money so I learned the hard way there as well.. Being burned for about 8,000 american dollars, and never payed on time...If you really want to drive your photograpy career ahead you must have a invoice, and simple business proposals, before you even start to load the film....my point the bigger the firm, or magazine , the bigger the loss can be without every detaill on paper and agreed to prior....

The problem is,, that as food service professionals and creators, we get so excited sometimes by the thought of being so highly complimented as being published and appreciated we get jaded ,and forget that for these people, its a business about looking good and selling subscriptions. Taking care of the innovator is not the medias first primary concern so you must spearhead your mission as a business transaction. and then when all of the red tape is taken care of you will find most times you can be relaxed and your creative animal will run wild.............

Its a really sad state of affairs, but reality will quickly clear your rose colored glasses when it happens to you enough...hang in there .........more these days ,like any other artists in the cretive field it becomes show me the money.....most important dont let the business aspect throw off your passion, and the love for the reasons you started your culinary journey long ago..........

Peace and be well


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## foodnfoto (Jan 1, 2001)

Just thought I'd post a note of follow-up. I won my case against them in small claims court last night. No one from the magazine even bothered to show up.
It went to an arbitrator for expediency's sake and he found in my favor. He did not, however, agree that all my late fees were fair but promised that I would get some form of additional damages for having waited *eight months* to be paid for my work. What damages I'll get remains to be seen, but I should be able to collect within 10 days.
Thank you for your support fellow Chef Talkers!


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## kokopuffs (Aug 4, 2000)

Kuan:

I disagree with your position. Professionals need to know who has and doesn't have integrity in this profession as well as any other profession. "You keep me from getting ripped off and I keep you from getting ripped off."

Someone in my home town had been passing bad checks for over 5 years until he burned me, a chiropractor doing house calls. I spread the word around. Furthermore, I needed to purchase about $200 worth of pharmaceuticals monthly to stay healthy and alive. You know what I mean. Not long after the incident, while at the sheriff's office I saw a one inch thick court docket concerning the said individual vs the state of California. The courts can and do work in most cases. Collection is another matter, however.

Also, thanks again for the salad and beer. Next time you're all in Denver I'll fix supper and bread! 

-T


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## kuan (Jun 11, 2001)

Upon further review...

Yes I see your point koko. People make announcements all the time about the credit-worthiness of organizations. Bad debts are a matter of public record and we have services which help ensure that we're not burned by bad check writers. Some Asian grocers and restaurants publicly post on their "wall of shame" all the bad checks which they've received. We also hear publicly about people who sue other people for a few bucks here and there. So I stand corrected, with one caveat.

I would hope that people making any sort of claim against other persons do so objectively and without malice. It's one thing to say Dog and House magazine owes us money, it's another to say that Dog and House magazine are unholy and will burn in **** for eternity! In otherwords, people who feel the need to tell the world should try to be as emotionally neutral as possible in doing so.

Of course fnf's comments did not even come close to that. I'm glad you won your case fnf, I hope you're able to collect.

Kuan


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## chiffonade (Nov 29, 2001)

Congratulations! :bounce: Your results were far closer to a victory in small claims court than ours were. I sincerely hope you get paid in a timely manner now that the court has decided in your favor. Please let us know whether this is the case or whether the magazine wriggles out of their responsibility again.

I have always been a firm believer in disclosure of such practices. I don't believe you compromised your case at all by sharing it with us. The corporations have their two hundred VP's to lean on but the "little guy" has no one but his/her friends. More power to you for taking on Goliath. Keep us posted.


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## rachel (Oct 27, 2001)

Congrats foodnfoto!!! I'm so glad that you posted this post. I tinkk that it's really important to know these things.
Talking about bad debtors reminds of a story from my days in Barcelona. I was walking down the Ramblas one day (one of THE main thoroughfares in Barcelona) a couple of years ago past a block of flats. In Barcelona when you move into a flat you pay rent, mortagage whatever and you generally have an extra expense called 'communitat' which is the money for the lighting and cleaning of the stairwell. In these block of flats there was obviously some woman who wouldn't pay so what the neighbours did was paint on huge sheet the words 'Mrs Lopez, of the first first floor second door flat is a debtor and refuses to pay the money for the 'communitat'. Then they hung it from the second floor windows in duplicate. I mean the writing was huge. The Ramblas is such an important street in Barcelona, and everyone thought that is was so funny that a photo of the hanging sheets appeared in the local paper! I don't know if Mrs Lopez payed up or moved!!!


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## cape chef (Jul 31, 2000)

There are a number of really insightful posts here in regards to FnF concerns.
Without writting an essay on this matter I would just like to say Cheers and good luck in your ventures.
I also appreciate your willingness to share this dilema with this community
cc


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## momoreg (Mar 4, 2000)

That's wonderful news. Thanks again for telling us about it, fnf.


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## isa (Apr 4, 2000)

It's great F&F, hope you'll be able to collect soon.


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## live_to_cook (Aug 23, 2000)

I'm coming upon this thread late, but I was compelled to point out that many a screenplay has been born of less than chiffonade's sentence:

"The judge did not see it fit to let us out of a kitchen space lease with a bar whose patrons did so much methamphedamine that they never ate."


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## w.debord (Mar 6, 2001)

Really HAPPY to see your going to get what's owed you! I think you did the right thing vocalizing with-in the right community. I think you protect yourself and others by sharing this information. You don't bad mouth for the sake of passing on rumor but when it's protecting someone else from harm it seems like the right thing to do. Being quite provides cover for bad people to continue doing bad.

Congrad.s'!!


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## shroomgirl (Aug 11, 2000)

Ditto Ditto Ditto.....Bravo!


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## devotay (May 14, 2001)

foto-

Careful about this whole message bvoard thing and where you "name names." They could nail you with a defamation suit, and while it may not be a fair claim, it could tie you up in a nasty mess for a while. most big companies don't like it when you say bad things about them, even if they're true.

Hang in there

Peace,
kmf


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