How I got ripped off, and the lesson that could save your copywriting career
Published: Wed, 03/01/23
How I Got Ripped Off, and the Lesson That Could Save Your Copywriting Career
As an aspiring copywriter writer in 1993, I was thrilled when I wrote a successful control package for a client that beat out another A-list copywriter.
The client planned to mail four million copies of the promotion, and I was to receive one cent for every piece mailed, equating to a payout of $40,000. It was a significant achievement for me, and I eagerly awaited the money.
However, my excitement was short-lived when I received in the mail a similar promotion from the same company I was working for.
The cover artwork was
identical to mine, and the design inside was strikingly similar.
Worse than that, the copy not only paraphrased mine but
also included two of my sidebars and my order pages! I was livid and felt cheated by someone I was working with!
I confronted the publisher about the situation, but he tried to justify it by saying that the package was really different.
When I asked him about the sidebars and the order pages that were mine, he said, "We all help each other out here." His excuse
did not sit well with me, and I was left feeling helpless and unsure of what to do next.
That's when I said, "But he's MY competitor." He was unmoved.
That's when it hit me: I had no contract, only a flimsy letter agreement, and the publisher was across the country, making it difficult to take any legal action.
I'm a fighter, and there was no way I was getting ripped off!
Yet, I was feeling overwhelmed. I had never been in this position before. I did not know what to do.
So I sought business
counseling, and together we came up with three options to address the issue with the client.
We came up with three options:
The first option was to demand full royalties on the
other writer's version.
The second option was to take legal action against the other writer.
The third option was to no longer work with the client.
Oh man, I wish I had recorded the conversation. You should have heard his voice.
You see, when I hit him with the first option, he said "no" right away. But when I suggested taking action against the other writer, I could hear the tone in his voice changing in a way that put him on his heels.
However, when I suggested that I would no longer put my eggs in his basket, boy did I hear his voice really change in a way that made him even more uncomfortable.
What I didn't realize at the time was that because I was young and new, I was REALLY
GOOD. So good that the industry never revealed who their writers were because they didn't want the competition poaching them.
So when I said, "I will no longer put my eggs in your basket," he said something like "Let me think about it and get back to you."
Here's what happened next.
He got back to me a week later offering me $17,000, which was a
significant reduction from the expected $40,000 payout--even though I was essentially ripped off.
Honestly, I had to laugh to myself, "The guy is paying me $17,000 because I refused to work for him?"
That's when it hit me again:
I possessed a unique set of skills that were in demand, and I needed to have a contract that spelled out all the terms and conditions of my work.
That's when I put my business hat on and hired an attorney who created a contract that spelled out that I owned the copy and would license it to the client, along with penalties for not paying. I also included the legal jurisdiction and who would pay attorney fees in case of disputes.
Over the years, I spent over $10,000 in legal fees updating and changing the document. However, I can confidently say that I never got ripped off again.
Well, one company did try, but I referred them to the signed agreement, and they mailed me my $10,000 check.
The moral of my story is simple - don't get ripped off. Get everything in writing and have a good contract.
If you don't have a contract, you can get a copy of mine. I don't want to see you get ripped off either. It's the one I've used for over a decade, and it has been a lifesaver. You can use it as model for your unique situation.
While no contract
will prevent you from ever getting ripped off, it can set up the conditions for working, ensuring that there is no misunderstanding about how much you get paid, when you get paid, and that you receive your royalties year after year.
Protect yourself, know your worth, and never settle for less than
you deserve.
Looking back, my experience of being ripped off was a tough lesson to learn.
However, it provided an opportunity to learn from the situation and make better decisions in the future. It is essential to know one's worth, protect oneself with a contract, and always be prepared to take legal action when necessary.
I guarantee it will be one of the best business decisions you can make.
.
Meet Doug D'Anna
As a seasoned direct response copywriter, Doug has created hundreds of profitable
direct mail packages, emails, and video sales letters for the world's largest specialized information
publishers—generating over $100 million in direct sales.