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how binding is an assignment?

Title: how binding is an assignment?
I have a question for magazine editors and writers. I am working with a editor on my second story with his magazine. Typically they assign topics, I write it, they send a contract, then I get paid during the month of publication. That is, I believe, typical of the magazine business, though some of you magazine writers will say I should have a contract up front before the story is written. I have written 17 stories for their sister publications during he last three years and it has worked well in practice.

We are discussing their contract which says that the publication date is "TBD" (to be determined), although a publication month was specified when it was assigned to me. I had marked through and edited the contract in a couple of places (including changing TBD to July, 2003),  when he mentioned that by the time "you get a contract, you're done writing on spec."

When a magazine editor assigns a topic, I consider that to be an agreement between me and them to provide the story with photographs on time for a set amount of money and the story will be published in a particular issue. My question is, do all editors consider solicited and assigned stories to be "on spec" unless a written contract is signed? Do editors consider their assignments to be binding, or is refusing to use a story for any reason excusable for them because no written contract was signed? They haven't turned one down yet, but I have never written on spec and don't plan to start now.

Thanks in advance for your help.
--
Larry Maupin
Maupin Photography
Freelance Garden Writer/Photographer
Member, Garden Writers Assoc.
Dallas, TX   214/341-3933
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