Long-Standing Payment Problems At Cricket Media

Cricket Media logo

Cricket Media describes itself as a global education company, with products that include mentoring platforms, language instruction, and a suite of well-known children’s magazines for kids of all ages. Having a story, article, poem, or illustration published in one of these magazines is a coveted credit for kidlit writers and illustrators, and can provide a real boost to a writing or artistic resume.

Cricket is a paying market (rates are posted on its Submittable page). However, over the past few weeks I’ve received multiple complaints from writers and illustrators who say they’ve had tremendous difficulty getting paid–or have never been paid at all.

The range of reported problems is wide, and also somewhat random. Some creators told me they were paid promptly for some works but very late (like months or even years) for others. Some said that persistent emails or invoices eventually pried a payment loose–though far later than the promised payment date–while others received repeated form responses but no check, or no response at all. Several told me they have never gotten the money they are owed (the longest reported time lag: two and a half years). Some are still invoicing for these missing fees–but others said they’d just given up.

Reported amounts due range from just over $100 to more than $1,000. Complaints cover the whole slate of publications, from Babybug to Muse Magazine.

Cricket pays after publication–but contracts don’t specify a time period within which payment will be received (something that, when evaluating contracts, I always flag as a problem, for exactly the reasons I’m writing about now). Here’s the entire payment clause:

Payment clause from Cricket Media contract with no payment timeline

Timing is mentioned only in acceptance letters. Examples I’ve seen from 2017 promise payment 90 days after the pub date. As of 2018, that had increased to “several months”; in 2019, it stretched to “six to eight months”. Most recently, creators are being told that payment will take up to a year–and some report that even then, it doesn’t arrive on time.

Not only is this a problem of long standing, it’s one of which Cricket staff and administration are well aware. The ever-extending payment timelines reflect this; I’ve also seen multiple responses to creators’ questions that admit the problems and cite various reasons for the delays: tight cash flow, turnover in the accounting department, a low-revenue year, a change in payment methods. These responses come from Accounts Payable, from editors, and from other staff, and go back at least to 2018. Here’s an example, from 2019:

2019 response from Cricket Accounts Payable claiming tight cashflow

Identical responses were received by creators in 2020. Here’s a 2021 response: same tight cashflow excuse but now the plan is “a recurring payment schedule flow”, whatever that is:

2021 response from Cricket Accounts Payable claiming tight cash flow

Since the exact same response was received in 2022, it seems the schedule flow is still pending. Note also the second to last line, which refers to a “temporary state.”

A number of the writers and illustrators who contacted me said that they will no longer work with Cricket because of these problems. But I was struck by how many creators said that they continued to submit, even if they were still owed money, and knowing it might be a year or more before they were paid, because they love the magazines, or value the credits. Cricket continues to benefit from its reputation, and its long track record of quality publications, even as it does not appear to be able to address one of the most important issues for any creator: consistent, timely payment.

I sent emails to several Cricket addresses, requesting comment. I received one reply indicating that my email had been passed on to Cricket’s editorial director. As of this writing, I’ve received no other response.

POSTSCRIPT: Here is the grant of rights clause from Cricket’s contracts (I’ve seen multiple examples):

Grant of Rights clause from Cricket contract claiming reprint, licensing, and derivative works rights

It’s pretty sweeping, in that it allows Cricket to make multiple uses of creators’ work–reprints, licensing, derivative works–without further payment and without seeking permission or providing notification (and Cricket does actively engage in third-party licensing). Something else to be aware of, if you’re thinking of submitting to one of Cricket’s magazines.

UPDATE 11/23/22: On the issue of Cricket being active with third-party licensing, I received the info below from an education professional with first-hand experience:

Stories, poems, and articles from the Cricket magazines are commonly licensed for use in large-scale statewide testing programs and electronic test banks by test publishing companies and agencies. In high-stakes programs, the test contents are “secure and confidential,” meaning that it would be impossible for writers to find out where, when, how frequently, and in what form (digital or print) their works have been used. I have also seen many Cricket texts in formative assessments, which are not secure and so may appear on school district websites.

In my opinion, the fact that Cricket is reaping financial rewards from licensing–a use of creators’ rights for which, by contract, creators receive no remuneration–makes the lack of payment for Cricket’s use of primary rights even more shameful.

UPDATE 5/31/23: I continue to hear from writers who are owed money by Cricket (including some of the writers who originally contacted me), and who say they receive no response to their questions or overdue payment notices.

Shortly after publishing this post, I reached out to SCBWI’s Marketing and Communications Director, Tammy Brown, to highlight the problems discussed above and ask if SCBWI might consider making a public statement. I received no response.

UPDATE 10/18/23: For what it’s worth, here’s how one Cricket creator took matters into their own hands and got Cricket to cough up some of the money due them (from this comment, below):

I have just got payment for work completed 3 years ago and I am happy to share how I did it in the hopes it may work for some of you as well.

First of all, ignore the website contact info and list of directors. Instead, I went to check their business registration with the Secretaries of State in Illinois and Virginia (they are registered in both). Despite claims to be in Illinois, the business itself is based in Virginia, as are its directors. I sent a demand letter by snail mail to each of the directors, including a copy of the original invoice, and a warning that if no response was received within 7 days, I would be filing with a collections agency and small claims court.

It worked in getting me a response. He agreed to send one-half of the payment within 15 days, and the remainder by the end of the following month. There were a few hiccups with USPS but I finally received the final installment today. Incidentally, I noticed that last week the company info on the SoS website was updated to remove the other directors.

The director who reached out to me did claim that they had recently changed their accounting system but since I have heard that since the dawn of time from Cricket, I took that with a large pinch of salt.

Good luck!

So this tactic may not work a second time–but worth a try nevertheless. Here is Cricket Media’s Virginia business registration, with names and addresses for two officers (note the update date). The names of Cricket Media’s Board of Directors are here.

Screenshot of Cricket Media's Virginia business registration, with names/addresses of officers:
ALEX WANG, President, 1751 Pinnacle Dr Ste 600, Mc Lean, VA, 22102 and LINN MCCLELLAND, Secretary,1751 Pinnacle Dr Ste 600, Mc Lean, VA, 22102

UPDATE 3/3/24: Below is a screenshot of a comment recently left on this post. If the information above suggests that things are bad at Cricket…well, they are worse. See especially the fourth paragraph. (The person who left the comment contacted me under their own real name, and I confirmed that they did indeed work for Cricket.)

A week ago, Cricket Media Inc. laid off 18 of their staff. Half of which was editorial/design. I was among them.

We were underpaid, overworked, and whenever our payment debt came up, it just looked bleaker and bleaker. Editors and directors alike were told to leave out language in relation to expected times payments would reach contributors. Regular contributors (artists that illustrated/wrote serial stories in the magazines each month) were put on a high-priority list, while one-timers were always relegated to a lower-priority list. But at any time, if any contributor were to threaten legal action, their name would shoot up to the tip-top. Because if Cricket Media were sued for these irresponsible business tactics, they’d have to lay off staff.

The company has been circling the drain since before I was ever on board. Poor business decisions from the top meant that cash flow was divvied unfairly between contributor back-payments and pie-in-the-sky education products. You can guess where the lion’s share of it went. We on the editorial staff always felt unheard whenever we essentially screamed at corporate that all that matters is doing right by our contributors, and were instructed to remain silent on all these matters. We were provided weekly with an update on our contributor debt by the VP of Operations, and we could see the trend of the debt getting larger faster than we could pay it down over time.

What brings me here today with the truth bombs is one thing: after this blog post appeared, editorial staff were asked by the higher-ups to come up collectively with an honest, human response. And we did that. And nobody ever saw it, because the CEO decided to not take any action.

The CEO is basically a ghost. He never speaks to the company, he never bothers to understand the product. He’s only interested in taking the business to China. We have no reason to think he doesn’t actively play CEO from China. He essentially barks orders at people from halfway around the globe to make sweeping decisions that serve only to harm the business outside of China.

One last thing: These contributor debt problems were brought on by the ones who bought the company from the original owners many years back. They’ve been slowly killing it ever since with their delusional thinking and poor money management. With half of the staff gone today, it’s only a matter of time before the ship sinks for good.

50 Comments

  1. My story “Alma’s Hands” was published by Cricket Media in January 2023. I was told that I would receive payment a year after publication, which is in and of itself a long time to wait, rather than promptly upon publication as with most periodicals, but at least it was established from the get go.

    Of course, January 2024 came and went, and by April, still no payment. This is after approximately 10 messages to their Accounts Payable, which were stonewalled, and to the editor who had accepted my work (who was sympathetic, but completely useless when it came to correcting the wrong.)

    It is my great fortune that I have a relationship with a wonderful lawyer in NYC who detests dishonest dealings, particularly when it affects “the little guy.” He took up my cause and wrote some very incensed and effective correspondences to a whole list of people at Cricket Media, with a May 10th deadline for payment, and lo and behold! Suddenly I received an email from Cricket Media “thanking me for reaching out to them” (yeah, right!) and also inquiring if this attorney did indeed represent me. I confirmed the latter, and today received my payment.

    Although I am gratified to finally be paid, I am outraged that it took so many contortions on my part, and on the part of this kind lawyer, and I know that if I were not fortunate enough to have had his legal representation, I would probably never have been paid.

    It seems Cricket Media only cares about honoring contracts when its own pocket is being threatened. Really despicable, and unfair to authors. After all not every writer has a relationship with a caring lawyer! If you do have one, by all means, have him/her turn up the heat on your behalf!!!

    To sum up: Cricket Media just needs to be honest and say “We don’t pay our writers,” thereby leaving it up to the writer to decide if s/he still wants to submit work, with the sole remuneration being exposure.

    Good luck to all of my fellow writers on getting paid!

  2. A week ago, Cricket Media Inc. laid off 18 of their staff. Half of which was editorial/design. I was among them.

    We were underpaid, overworked, and whenever our payment debt came up, it just looked bleaker and bleaker. Editors and directors alike were told to leave out language in relation to expected times payments would reach contributors. Regular contributors (artists that illustrated/wrote serial stories in the magazines each month) were put on a high-priority list, while one-timers were always relegated to a lower-priority list. But at any time, if any contributor were to threaten legal action, their name would shoot up to the tip-top. Because if Cricket Media were sued for these irresponsible business tactics, they’d have to lay off staff.

    The company has been circling the drain since before I was ever on board. Poor business decisions from the top meant that cash flow was divvied unfairly between contributor back-payments and pie-in-the-sky education products. You can guess where the lion’s share of it went. We on the editorial staff always felt unheard whenever we essentially screamed at corporate that all that matters is doing right by our contributors, and were instructed to remain silent on all these matters. We were provided weekly with an update on our contributor debt by the VP of Operations, and we could see the trend of the debt getting larger faster than we could pay it down over time.

    What brings me here today with the truth bombs is one thing: after this blog post appeared, editorial staff were asked by the higher-ups to come up collectively with an honest, human response. And we did that. And nobody ever saw it, because the CEO decided to not take any action.

    The CEO is basically a ghost. He never speaks to the company, he never bothers to understand the product. He’s only interested in taking the business to China. We have no reason to think he doesn’t actively play CEO from China. He essentially barks orders at people from halfway around the globe to make sweeping decisions that serve only to harm the business outside of China.

    One last thing: These contributor debt problems were brought on by the ones who bought the company from the original owners many years back. They’ve been slowly killing it ever since with their delusional thinking and poor money management. With half of the staff gone today, it’s only a matter of time before the ship sinks for good.

  3. I was listening to my local public radio station and the announcer said that and other programs were sponsored by Cricket Media.

    So Cricket Media can afford to donate to Minnesota Public Radio, but they can’t cough up money to pay the writers and artists who make their magazines great?

    I’m choking on irony here.

  4. I also had trouble getting paid and got one of the responses listed here. When I received the second half of the promised payment, I was surprised. I didn’t expect to be paid in full. I sent an email monthly for about 1 1/2 years and finally threatened that they would hear from my lawyer. Every email was polite, and their responses were polite. But I will not submit to Cricket again. It’s not worth my time, even though I like their publications.

    1. I agree. I love the magazines that they put out and am so pleased with my articles that I wrote for them. But I would have to be a fool to risk going through all of that again.

  5. I think I topped you all with this one. It’s been over three years since that last assignment, and they owe me over $3000 for a cover and two stories I illustrated. My agent sent them to collections, but we haven’t heard anything.

    1. Thank you, Victoria and Jed, for your posts. I might top you on time, Jed; I’ve been waiting almost 4 years for one payment and nearly 3 on another. I assumed that in my case non-payment was exacerbated by the fact that I am not resident in the US. Further, because of the way the tax system works in the UK, I have paid tax on money I have not received.

      What I find really galling is the pious nature of Cricket Media’s advertising, (I receive several sick-making emails a week), that is so at odds with its own intentions and behaviour. One recent, family-friendly promotional email read: ‘How do we proactively raise better Citizens?’ Well, here’s a good lesson for young minds: If you think you can get away with it, you don’t have to pay the people who work for you! The hypocrisy is staggering.

      1. Alan Marks, I’m so glad you said exactly what I’ve been thinking.

        I sincerely wish writers and artists would boycott Cricket Media, and cease all submissions. If they had insufficient material they couldn’t continue publication. But god knows they might turn to AI.

        Unfortunately, I fear there will continue to be those who believe the imprimatur of being published outweighs not being paid. Unfortunately, that’s the choice I made.

  6. I have just got payment for work completed 3 years ago and I am happy to share how I did it in the hopes it may work for some of you as well. First of all, ignore the website contact info and list of directors. Instead, I went to check their business registration with the Secretaries of State in Illinois and Virginia (they are registered in both). Despite claims to be in Illinois, the business itself is based in Virginia, as are its directors. I sent a demand letter by snail mail to each of the directors, including a copy of the original invoice, and a warning that if no response was received within 7 days, I would be filing with a collections agency and small claims court. It worked in getting me a response. He agreed to send one-half of the payment within 15 days, and the remainder by the end of the following month. There were a few hiccups with USPS but I finally received the final installment today. Incidentally, I noticed that last week the company info on the SoS website was updated to remove the other directors.
    The director who reached out to me did claim that they had recently changed their accounting system but since I have heard that since the dawn of time from Cricket, I took that with a large pinch of salt.
    Good luck!

      1. Can someone who is not living in the US sue in a small claims court? Cricket Media owes me about a thousand dollars, but I do not live in the US, so I am not sure I can pursue this course.

        1. Good question and I don’t have a concrete answer. The rules in each state vary regarding who can file and how to file. In some states, you have to file in person, while in others you are not allowed to use an attorney for small claims. There are also collections agencies who might be worth exploring. They would keep a percentage but you’d still be getting some of the money owed.

  7. I had a story ‘The Nightingale’ Published in the May-June 2019 issue. I signed a contract that states I will be paid $680 but I was never compensated. It was thrill to see the story in print but the experience soured a little over time as no payment was forthcoming.

  8. I had 4 poems published in Spider Magazine in the years from 2008-2014. I still haven’t been paid for one of them! 9 years later! Also, I recently found out that they republished 2 of them a couple of years ago. Thank you for publishing their current publishing agreement. Does anyone know if it has changed over the last 10 years? I am wondering if I have the right to publish them on the internet, or if Carus publishing owns them outright. Did I sell my soul to the devil?

    1. My 2023 contract with Spider reads that they have “the right to be the first to publish the Work, or any part thereof, anywhere in the world in any language or in any manner and to be the sole publisher of the Work or any part thereof for a period of sixty (60) days after such first publication.”

      They purchased first publication rights, after which they revert back to you. So you can publish your poems elsewhere, including the Internet.

      But double-check your contract for the exact wording, see if it varies from mine. If you have access to a contract attorney you could have he or she look at your contract. If you haven’t one now but want one who’s not pricey, call your state’s Bar Association and ask for referrals to a sliding scale attorney who handles Intellectual Property contracts (this was what I did when I had my first contract for a picture book).

      Good luck!

      1. Thanks Anon,
        I have looked and looked and I can’t find the contract. I think my only option is to reach out to Carus to see if they have it. Since it was a while ago, my fear is that the language from then may have been different from the more current language. I’ll post when I find out.

    2. Nine years!!! That’s by far the longest delay I’ve heard about. I’m so sorry.

      I saw a number of Cricket contracts during my research for this post. The most recent was from 2018. Here’s the language from that contract (it was the same in all the contracts I saw, except for one in 2017 that took possession of copyright):

      1. You hereby grant to Cricket Media and its Affiliates (as defined below in Paragraph 11) a non-exclusive (except with respect to the rights in Paragraph 1a) license in the Work and the copyrights corresponding thereto that allows Cricket Media and its Affiliates:
      a. the right to be the first to publish the Work, or any part thereof, anywhere in the world in any language or in any manner and to be the sole publisher of the Work or any part thereof for a period of sixty (60) days after such first publication;

      The contracts grant unlimited reprint and licensing rights, without further compensation.

      I would suspect that this identical language goes back many years, but I don’t think it’s safe to assume–and even if the same language was present in some contracts in 2008, I did see that one contract from 2017 where Carus took possession of copyright. So I think it makes sense to try and ask, but I also think the odds are you won’t get a response.

      What a horrible situation this is, and Carus seems to be uninterested in doing anything at all about it.

  9. My contract said they have 8 months to pay. I’m now on month 9, so I contacted them. Of course I’m now seeing this! Looks like I’m not getting laid for awhile. I was excited to have my illustration in a magazine, but not fulfilling a contract is a BIG deal.

    1. If it states 8 months in the contract than at least you have something to point to should you wish to take this to small claims.

      I wonder if illustrator’s contracts give a payment window but writer’s contracts (like mine) don’t? It’d really piss me off if not only I wasn’t paid, but neither was the artist who illustrated my story.

      1. That’s a good question (about the possible difference in contracts). I’ve seen only writers’ contracts, and they did not include a timeframe; the timeframe was included only in email.

  10. This is so helpful! Thank you for being so transparent, this article and all the comments convinced me not to work with them. Got an email from an art director with an assignment for some illustrations and she also said that there’s no way of knowing when I will be paid and that the current waiting period was over 12 months after publication. I have yet to receive the contract but am glad I found one here, for the amount I would get paid (if it even comes through) it is nowhere near enough to cover all the rights they want from you.

  11. I wrote two articles for MUSE which were published in early 2020. At the time, the editor told me there was a six month delay in payments. I am still waiting to be paid three years later. Multiple messages have gone unanswered or I receive the standard “we are running behind” response. My editor has since left and apparently the only way to reach them is by a generic email.

  12. Does anyone have any information about any ongoing or potential class actions? I think everyone having to run to Illinois (at least my contract stipulates that Illinois law applies and parties waive the right to dispute jurisdiction) small claims court separately is unlikely to yield anything, but perhaps a larger collective action might be more effective.

  13. For $3000 can’t you sue? Have you spoken with an attorney? I had a place not pay me $100. I took them to Small Claims. It took me two years to get my pay, but I did it more out of principle than money. Laws of course vary from state to state, but 3K is not small change. This amounts to theft.

  14. One more thing: they turned a an illustrated short story I did into an e-book without even telling me. I signed away my reprint rights, so, fine. But they could have at least given me a heads up.

  15. I’m an author/illustrator and I’ve done a fair amount of work for them over the years. I used to be able to get payment within 8 months. Now it’s well over a year and they owe me over $3000. My agent has sent them multiple invoices. Still waiting. Children’s lit is such a competitive field, I think they prey on newbie writers and illustrators who are just glad to see their work in print.

  16. I’ve just had a short story accepted by Spider, and slated for their 2023 July/August issue. While I’d love the publication on my CV — it would be my first published short story — this makes me very leery. I can’t afford a contract lawyer to go over the contract with me (I’ve always done that for previous projects), and it sounds like even if I had one Cricket Media may not hold to what we agree to. I’m not sure what to do.

    1. Hi, Anon,

      I think you’re right to be concerned. Cricket’s issues aren’t just that they are unreliable about paying, but that their contracts give them a huge amount of latitude on timing (the 12-month payment window)–something that IMO would be problematic even if they met their own timelines. The best I can suggest, if you decide to sign the contract, is to be pro-active and persistent if you encounter problems.

      1. They’re sending me a contract “soon,” which I’ll go over with a fine-toothed comb. At this point I’m willing to go ahead. They’re also considering a second story of mine. Whether or not they accept it, I have no plans to submit anything more to them. Which is a pity, the magazines are still lovely and have fairly high standards. There’s nothing else like them for children’s short stories.

        1. Which I think is one of the things they count on to shield them from repercussions and keep people submitting–despite the well-known payment issues that they do not appear to be interested in addressing. It’s really a shame.

          1. I received my contract. In a reply, I drew their attention to this line:

            “2. Cricket Media agrees to compensate You with a one-time payment of [ amount ] and You agree to accept such compensation as full consideration for the rights granted herein.”

            I asked for a payment window. I was told:

            “Regarding your inquiry about the payment window, I regret to inform you that we are not able to specify a payment schedule in the agreement at this time.

            “I understand that payment details are an important aspect of any agreement, and I’m sorry for any inconvenience this has caused. Unfortunately, due to certain unforeseeable circumstances, the company is currently unable to make any assurances about a specific payment schedule.

            “We assure you that we are doing everything in our power to address the situation and to process payments as quickly and efficiently as possible. We value our partnership with you, and we are committed to finding a solution that works for both parties.”

            I was not happy in the least, but sad to say I wasn’t surprised, due to other contributors’ experiences.

            I weighed the pros and cons. I decided that since it has always been a dream of mine to have a story in Cricket or Spider, and that this was the first short story I ever submitted and it was accepted the first time out, that I would risk never being paid in order to have this gig on my CV, for when I begin querying agents for a middle-grade novel I’m writing.

            However, I immediately withdrew another story CM was considering. I informed them that I would never again submit anything to them, and that I would warn others about the unlikelihood of being paid, and of CM using their work in other ways in other media, without further compensation and possibly without further acknowledgment.

            Here is most of the contract. I’m sharing it for writers who are considering submitting to Cricket Media. As most Intellectual Property attorneys would tell you, this is not good. I’ve added arrows to highlight the more questionable parts.

            1. You hereby grant to Cricket Media and its Affiliates (as defined below in Paragraph 11) a non-exclusive (except with respect to the rights in Paragraph 1a) license in the Work and the copyrights corresponding thereto that allows Cricket Media and its Affiliates:
            a. the right to be the first to publish the Work, or any part thereof, anywhere in the world in any language or in any manner and to be the sole publisher of the Work or any part thereof for a period of sixty (60) days after such first publication;

            >>>> b. the unlimited right to reprint all or any part of the Work in any manner, volume, anthology, publication, language, or format for sale or otherwise; [ without further compensation ]

            >>>> c. the unlimited right to reproduce, distribute, or display the Work on electronic databases, online networks, interactive multimedia, digital-based media, or other electronic systems or mediums now existing or developed in the future;

            >>>> d. the right to license the Work on a non-exclusive basis to any third party that is not a commercial stock art system or company and convey the rights granted to Cricket Media to any such third party;

            >>>> e. the right to make, produce, sell, or to otherwise use in all respects the Work or any part of the Work in a derivative work;

            f. the right to reproduce or otherwise use, in any manner, the Work, or any part thereof, in promotions, advertising, documentaries, or in any other form or format where the Work is not offered for sale but is, instead, used to promote the Work itself or the publication containing the Work; and
            a. the right to use Your name, biography, comments, and/or likeness, in printed, audio, video, or other format, in connection with the publication, display and/or promotion of the Work. (Contributors within the United States will receive two complimentary copies of any printed issue in which the Work appears upon publication. Contributors outside the United States will receive a digital copy of any printed issue in which the Work appears upon publication.)

            >>>> 2. Cricket Media agrees to compensate You with a one-time payment of $209 and You agree to accept such compensation as full consideration for the rights granted herein. [ no payment window ]

            3. If known, the Work is expected to be published in the [ date ] issue of [periodical ] magazine. If publication of the Work is unscheduled at the time of signing this contract, Cricket Media will attempt to advise You as to when the Work will be published. However, failure of Cricket Media to inform You of an expected publication date shall not invalidate or otherwise modify this binding contract.
            4. You will retain any copyrights and other rights in the Work, subject to the rights You have granted to Cricket Media. If requested by You in writing, Cricket Media will display the appropriate copyright notice in connection with any publication or other display of the Work or any part thereof. [ I did this. ]
            5. Cricket Media shall have the right to review the Work for accuracy, appropriateness, and quality and the right to edit, modify, revise, animate, and adapt the Work, or request that You edit, modify, revise, or adapt the Work, as determined in the sole discretion of Cricket Media, without payment of any additional compensation.
            6. If the Work is artwork or other pictorial material, You agree to be bound by the general artwork specification as set forth by Cricket Media in the commissioning of the Work. Any original, physical artwork will be returned to You, if requested in writing. If Cricket Media determines that artwork or pictorial material cannot be reasonably modified but, instead, determines in its sole discretion that the quality or appropriateness of the Work is unsuitable for publication or use, the compensation set forth in Paragraph 2 will be reduced by fifty percent (50%) and if it has already been paid to You, then fifty percent (50%) will
            be returned by You to Cricket Media.
            7. You warrant that the Work is original; that it has not been published previously in any form; that You have full rights and power to make this agreement; that neither the Work nor any part of it (unless specifically identified) is in the public domain; that neither the Work nor any part of it is copyrighted by a third party or possibly infringes on a third party’s copyright or other rights; and that the Work does not invade a third party’s right of privacy.
            8. You also warrant that You are the exclusive owner of the Work and any copyrights therein and that no third party has any rights in, to, or arising out of the Work that require a separate license for Cricket Media to use and enjoy the rights being conveyed hereunder.
            9. You agree to indemnify and hold harmless Cricket Media, and its assigns and licensees, from and against any and all loss, damage or expense, including court costs and attorneys’ fees, that Cricket Media and/or its assigns and licensees may suffer as a result of a breach or an alleged breach of this agreement, including any breach of the warranties set forth in Paragraphs 7 and 8 or as a result of claims of any kind or nature resulting from any manner of use of the Work.
            10. The representations, warranties, and indemnities in Paragraphs 7, 8, and 9 shall survive any termination of this Agreement.
            11. For purposes of this Agreement, Affiliates means: (i) any individual or entity that directly or indirectly controls, is controlled by or is under common control with Cricket Media; or (ii) a joint venture between Cricket Media and a third party or a joint venture between an entity that is under common control with Cricket Media and third party. As used in this definition, “control” means either (a) the ownership of nineteen (19%) or more of an entity’s voting securities, or (b) the ability, through ownership of voting securities, contract or otherwise, to determine an entity’s operating activities.
            12. This License is governed by the laws and in the state and federal courts of the State of Illinois and both parties waive any objections to the personal jurisdiction and venue of such courts. Except to an entity that is a parent, subsidiary, or Affiliate, neither party may assign any of its rights under the Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Cricket Media may assign its entire interest in this Agreement to an entity into which it has merged, or an entity to which substantially all of a party’s assets or equity are sold.

            Personally, I wish no one else submits work to Cricket Media until all contributors who have not been paid are, and until Cricket Media puts a payment window in their contract. They are currently making their living off the hard work of we writers and artists. If we turned off the creative tap enough, even altogether, their periodicals will suffer from lack of material to fill their pages, and possibly from a significant drop in the quality of the works submitted.

  17. I second what Alan Mark just commented above, almost identical issue – I have worked for Carus, now Cricket, it was always slow but not it’s terrible, I have also not received payment in 2 years, I’m thinking of taking legal action now, what do you recommend Victoria?

    1. Legal action is expensive (there’s some info and resource suggestions in the Legal Recourse section of the Writer Beware website), but it’s possible you might not have to go beyond a warning letter. Given how extensive this problem seems to be, I wonder if there isn’t the potential for some sort of joint action–not a class action lawsuit necessarily, but a group of writers/illustrators banding together to seek representation collectively and sharing costs.

      Another idea, if you’re a member of a professional organization: there may be a grievance committee that could intercede, or a legal advice service that could assess your options. The Authors Guild and the National Writers’ Union both offer such resources.

      On a broader note…if you’re a member of SCBWI, I think it would make sense to lobby for this as an issue for the organization to get involved in. Cricket obviously doesn’t care if it’s outed by small potatoes like Writer Beware, but having a major writers’ and illustrators’ group take it to task might have an impact.

  18. Yes I worked with a company that was working on licensing basically their entire catalog so that they could turn it into a monthly subscription for an unlimited
    Amount of users. The fact that they are reselling the entirety of the work and still not even compensating the illustrators and writers for their paltry sums is astonishing.

  19. I have worked for Carus Publishing and then Cricket Media many times over a long career. The magazines have always been good. Payment was sometimes slow but not a huge problem. Now I am owed money for work done nearly three years ago. The current situation with payment is unsustainable, and an insult to writers and illustrators. I have written to Alex Wang, who, I believe, is the CEO but have never had a reply. Does anyone have any other contact details?

  20. I was published by one of these magazines years ago, and it was no secret even back then that they were slow to pay. I think I had to nudge once or twice, but I did get paid eventually. Sad that the problem has apparently never been fixed.

  21. I was told payment would be made six to eight months after publication when I illustrated a piece for Ladybug earlier this year. It will be eight months in a couple of weeks and I expect I will have to inquire about payment. I’m wondering what the response will be…

  22. I would assume that a “recurring payment schedule flow” would mean they want to pay out in smaller installments instead of everything at once. In that way they could pay out the same amount of money but over a longer period of time. But if they’re still taking submissions it seems like that would only keep aggravating the problem. It sounds like they need a complete pause on submissions until they can catch up on paying authors. That or they need a big influx of revenue/capital.

  23. FINALLY!!! I had this problem nine years ago when they published my story in the January 2013 (“The Penguin Whisperer”) issue of CRICKET. After two months, I emailed both the editorial department and the business office and got no response. I finally, reluctantly, asked the editor I worked with if they could do anything. I DID get paid several weeks later, but that editor is gone now and I have never had a story accepted there since (I’d had two others in CRICKET and one in CICADA after my initial publication in 1997 — excluding “Penguin”. All these years, I just thought it was me…

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