Welcome back to the negotiation mini-series! Last week we took a look at how to create a pre-negotiation plan. To re-cap: — Read the contract; make a list of points you’d like to change. — Prioritize your list into deal breakers, important points, and “things to ask for.” — Consider the publisher’s potential responses to your requests. — Adjust your list, and strategy, to address potential publisher concerns. Now, let’s look at tips for increasing your chances of success in an actual publishing contract negotiation*: Publishers, like flies, prefer honey to vinegar: Be Polite. No matter how the negotiation opens, proceeds, or finishes,
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Negotiate Like a Pro (Part 2) – Preparing to Negotiate
Welcome back to the negotiation mini-series, here on the blog and on the Twitter #PubLaw feed. Last week’s post examined the difference between Zero-Sum and Mutual Benefit negotiation, and explained why it’s better to approach publishing contract negotiations (any negotiations, really) from a mutual-benefit point of view. Today we move on to preparation for a successful negotiation. SUCCESSFUL NEGOTIATIONS REQUIRE PLANNING Preparing to negotiate a publishing contract requires more than making a list of the terms you want (or hope to change). Approaching negotiations with a solid plan increases the likelihood of a successful outcome. Here are the steps to creating that solid plan: STEP 1: Read the
Read moreHow to Negotiate Like a Pro (Part 1)
I talk a lot about contracts, here and in my Twitter #PubLaw feed, but the publishing conversation doesn’t include nearly enough talk about how to negotiate changes to a publishing contract. Negotiation isn’t a topic most people learn in school, and many authors feel adrift when it comes to the negotiation process. In light of that, my next few Wednesday posts will offer some tips on negotiation strategies and tactics. Good negotiation doesn’t happen “by chance.” Successful negotiation requires proper planning, preparation, and execution. This week, we’ll look at how to prepare a negotiation strategy. Next week, I’ll detail strategies on how to prepare for negotiation, and the following
Read moreNegotiating Preparation and Delivery of a Manuscript
Today’s post takes a look at negotiating the contract provisions dealing with final preparation and delivery of a manuscript. The “preparation & delivery” paragraphs usually contain the dates when the publisher expects the author to deliver the final Work, as well as the form and format the Publisher requires. Some contracts also include additional delivery requirements, such as indexes, glossaries, and internal artwork or graphics. Many authors don’t consider delivery terms when negotiating a contract, even though these terms will create significant obligations for the author once the deal is signed. Read the delivery paragraphs carefully. Understand (and be sure you can comply with) the following obligations: 1.
Read moreContract Negotiation 101: Negotiating the Initial Offer
As we discussed last week, publishing contract negotiations normally begin with an offer — most commonly in email format, but sometimes sent in letter form. The initial offer usually contains the “big ticket” contract items, such as the advance amount and anticipated publishing format (for example, hardback, trade paperback, or ebook only). The offer may also contain other information, like estimated release dates (usually by year and quarter) and imprint (where an editor works for more than one). Publishers (and even editors) differ when it comes to offer format; some give more information, and others less. Generally, though, that initial offer
Read moreLearning to Find the Middle Ground
I mentioned last week that part of effective negotiation is finding and proposing a middle position both parties can accept. Today we look more closely at how that’s done. Pretend that a publisher offers you 10% royalties on hardback sales (gross royalties on domestic sales) of your book. You, the author, would prefer a higher percentage, but you know that this number is close to industry standard. How do you meet in the middle? You might ask if the publisher would consider escalating royalties at different sales levels. For example, 10% on the first 5,000 copies, 12% on sales 5,001-10,000,
Read moreNegotiation Step 3: Read the Contract
Step 1 to a successful negotiation is attitude: go in seeking a mutually beneficial solution. Step 2 is know thy business, and the publisher’s business too. Which brings us to Step 3: Read the Contract, and Understand Every Word. I’m always surprised when an author approaches me with a publishing problem and then admits to not having read the contract before (s)he signed it. The offered reasons vary, but at the end of the day they’re unimportant. A contract signatory is legally responsible for knowing what the document contains. Do not ever sign a contract – publishing or otherwise –
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