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Re: how binding is an assignment?

Larry:

You have no protection at all unless there is a written contract. I personally would not work under that situation.

Reading the GWL discussions I often feel like there are two parallel magazine universes--the one in which people work full-time (either on staff or freelance) in an editorial capacity, more or less make a living (less during a recession, as now) and often have to give editors a tough time (about slow payments, etc.). A disproportionate number of these people (like me) live in the NYC area. The other universe is where writers seem to have other ways of making a living, live throughout the country (don't have NYC rents to pay) and are willing to put up with low payment and a lot of risk in order to get published. I think the low payment may well be worth it--for setting up a track record, for getting exposure so you can get a book contract or give lectures, etc. I don't think that taking all the risk--not getting a signed contract, not having the option of kill fees, etc.--is worth it. That's just my feeling.

By the way, I make an incredibly small amount of money writing about gardens. My income really comes from mass-market magazines. I fear that there are only perhaps a dozen or so writers who actually derive a large income from specializing in garden-writing. Maybe I'm wrong?

Nancy Stedman



At 05:57 PM 3/30/2003 -0500, you wrote:
>. My question is, do all editors consider solicited and assigned stories to
be "on spec" unless a written contract is signed? <

First off, Larry, you cannot ever say "all" editors. There is too much
diversity for that to be true. However, there are industry practices that
most adhere to.

Technically, unless there is a contract, all go-aheads are considered to be
on-spec, unless the word "assignment" is specifically used. That's the legal
end of it, anyway.

The reality is that with rare exception, if an editor asks you for a story,
and you deliver it in usable form, he/she is going to use it, and pay you for
it.

What bothers me about the deal you presented is that it's pay on publication,
with no guarantee when that will take place. He may plan it for the July
issue, but things happen, and it could get bumped. And bumped again. If the
topic is seasonal, then it could wind up not being published until next year.
And there you are, waiting for your money.

Can you think of _any_ other business in which you do the work now, but don't
get paid for a year?

If they really work on a TBA basis, then you should realistically expect
payment on acceptance, or on some reasonable time frame after acceptance.

There are many writers I know who refuse to work for any media that pays on
publication. I'm not that hardnosed. But I do want some kind or reassurance
that I'll be paid in a timely manner.


Brook
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