Pulling a story out of publication

In January 2020, I had a short flash fiction piece accepted for publication in an online magazine. They noted that my story would appear in the October 2019 edition, and that they were behind and I should bear with them. They are supposed to publish twice a year, in April and October. I think I sent them a polite chaser about a year later, when they apologised for the delay and said they were behind due to Covid. Since then, they have only published one more issue, the October 2018 one. The April and October 2019 ones are listed on their website but aren’t clickable so I’m assuming not published. The April 2020 is listed as ‘forthcoming’ and says it’s delayed due to the pandemic.

Obviously nearly four years have now passed since they accepted my story, and I have run out of confidence that they ever will. I chased them once more a year or two ago, and never got a reply.

Am I within my rights to withdraw this story, and is there a process to go through? I’ve seen a competition I’d like to submit it to, and there are other places I could try. Last weekend I emailed them politely asking if there was an update and said I was running out of confidence they would publish my story. I told them I’d like to submit it to a competition, and that if they didn’t reply by 9th November, I’d assume the publication is defunct and submit it this competition (the closing date is 15th but I’m on holiday from 12th).

I haven’t signed any kind of contract, and there was no payment for this story. Am I allowed to take the lack of reply as confirmation like this? I don’t want to keep waiting as I feel this story could be successful elsewhere, but obviously I don’t want to break any laws or cause any ill will or be blacklisted or anything. Also, what if I get it published elsewhere and then the original publication also publishes it? Can I submit elsewhere and note the history and say I’ve done the best I can to withdraw it but no one has responded?

Also to add that this is a UK publication and that I am a UK writer. I could add a link to the publication but not sure if I’m allowed to or not.

Sorry for the long post.

 

Have you considered getting legal advice from a solicitor on the matter?

 

I would send an email and maybe even a certified letter to this publication withdrawing your story. I wouldn't give them a date to respond by. Just simply withdraw it and state why. I also wouldn't mention any of this to future places you plan to submit this story. That would just seem to complicate things and could scare of other publications from getting involved if it sounds like an unfinished matter. Just withdraw it, and be done with it. Good luck on finding a better home for your story.

 

That sounds too expensive.

 

I'd just send notice of the withdrawal and keep a copy for further reference. Four years without a response indicates no one gives a rip what you do with the story.

 

The OP stated the story was scheduled to be printed in 2019, which indicates acceptance. Officially withdrawing the story from consideration and keeping a copy of the withdrawal is the equivalent of final chords. Might be completely unnecessary, but might also prevent unexpected publication in the procrastinating venue ten minutes before it is published in another more dependable venue, which would be bad juju. Happens.

 

True. Call me overly cautious in business dealings with undependable entities. I want hard proof that the relationship has officially ended.

 

I feel the same way. There are publications that don't use contracts, but once you have a piece accepted and email them back saying can publish your work, it is sort of an agreement. That's why I mentioned possibly sending a certified letter if you can't get a hold of them by email. This is probably something I would have done much sooner.

 

There has always been a contract involved for the places that have published my work. In well established magazines and journals or the ones connected to a universities I think it's more likely than not that there would be a contract. There was even a contract involved with the places that have paid me in copies. But that's not always the case. I have worked for two literary journals that did not use contracts.

It wouldn't throw me off or anything to work with a publication that didn't have a contract. Actually, there was one journal where there was no official contract and they paid me quite well. I also know the literary journal scene pretty well after decades of reading them (as a reader in love with short stories and wanting to know who was publishing what and a way on learning about new-to-me authors). I love to read journals, and, for me, it's super cool when my work appears in their pages.

I also like to keep an eye out for new publications entering the scene in a big way and see who they're publishing. But I just like to know this stuff. And, for me, it's definitely a big part of my life.

So, when I submit to somewhere I like to know what I'm getting into whether there's a contract are not. That does not mean I would know how much money they would pay me since a lot of them don't disclose that info prior to buying your work. But that's another topic.

 

There’s been a development. The publication I had originally had this story accepted into sent a mass email last night to their authors saying they are now over the Covid delays and various personal issues and will publish the original April 2019 issue as the April 2024 one, and the October 2019 one as October 2024. Mine was originally accepted for the October 2019 issue. I replied to say I had emailed a couple of months ago saying I assumed they were defunct with no reply and that I was submitting the story to other publications and would like it withdrawn from this one. They have not replied yet. I have submitted it to one competition. Most likely I won’t get anywhere but these competitions are ones I’ve had success with in the past, so it’s possible it could get published. What if it does and the original magazine also publishes it as they either don’t respond to my messages or tell me I can’t withdraw it?

 

You haven't signed anything. They haven't published anything. If they randomly throw your story up on their site 5 years after they said they were interested, I mean if anything, you could sue them; cease & desist, all that. This all sounds quite shady. They aren't responding, they haven't been publishing anything.

Keep submitting your story until you win a contest or sign a publishing contract. Stop thinking about this organization of charlatans.

 

Thank you! Actually they did finally reply (after another chaser) and say they’ve withdrawn my story, so all good now .

 

Well I did the right thing submitting the story elsewhere- it’s just won a competition!