Jon Samsel

Now that you have aroused the interest of a publisher enough for them to offer you a book deal, you need to establish clear and definitive deal parameters that are in your best interests. When the publisher and author come together (usually via telephone) to work out the fine print of a deal, the process is referred to as a negotiation. Both sides state what they want and expect from the other side, an agreement is reached, and the deal is done.

It’s a good idea to have an experienced agent or attorney negotiate a deal on your behalf. Experienced negotiators can often times get you more money and perks than you could have negotiated on your own. They also serve as a buffer between you and the publisher––so that the artist/publisher relationship never deteriorates over money conflicts. Obviously, any book deal should be written down, examined with a fine-tooth comb by your legal expert, and signed by all involved parties.

Here are some major issues authors should address during negotiations:

• Establish realistic development time schedules with some back-up plans for delays
• Establish realistic payment schedules
• Set reasonable credit requirements (where and how will your name appear on the book?)
• Set a realistic approval process (comment period) that doesn’t delay development yet ensures a quality product
• Establish reasonable boundaries for future content revisions (if necessary)
• Create a Drop Dead Clause (what happens if the publisher decides to terminate you from the project or terminate the project completely? Is the terminating party required to pay the other party some form of compensation?)
• Agree to Goodies Clauses (complimentary copies of the product, travel expenses, per diem, royalties)
• Provide for a resolution process in the event of disagreement (a mutually trusted third-party or arbitrator)

Here are some general tips for improving the quality of your negotiations:

• Formulate an agenda in advance of negotiations (what you need out of the deal vs. what you’d like)
• Find some common ground with the person you are negotiating with. Do they like sports? Do they have kids? Light conversation prior to negotiating allows each side to be more forthcoming
• Never lie. Unethical behavior is rarely rewarded. If you must bend the truth, do it sparingly
• Try not to negotiate your own deal. Tough negotiations can sometimes resemble a bitter divorce. It sours the client / artist relationship
• Listen calmly to the publisher’s requests and arguments. There will be plenty of time to present your counter offer later
• Never swear, be demanding, or hang up on the publisher (it only makes you look childish)
• Never concede a deal point unless you receive a comparable deal point in return. You must be willing to walk away from a deal if you are being forced to concede a point you are passionate about
• Be careful what you ask for in a deal. You may actually get it!
• Take rigorous notes and follow up all meetings with a memo outlining all agreed-upon terms
• Don’t gossip about the points in the final deal or tell stories about the opposing negotiator. The opposing side will most surely remember your big mouth if you ever have to negotiate with them again

At the conclusion of the deal, take your opponent to lunch or send over a gift basket. A simple act of kindness heals all egos.

This entry was posted on Tuesday, January 13th, 2009 at 1:29 am and is filed under Writing. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.