As promised, this fall my guest posts here at Chiseled in
Rock will take a look at negotiation tactics.
Many authors know little about negotiation. In fact, for
most, that first contract offer is often the author’s first experience with
contract negotiation.
When it comes to negotiation, a little preparation goes a
long way toward easing tension, calming nerves, and preparing an author to
think—and act—with clarity. That’s the purpose of this series ... so let’s get
started.
Negotiation is a
specialized form of business conversation. The best negotiators are
amicable, and people who negotiate from a friendly position often find
themselves happier (and getting more of
their wishes met) than those who treat the other side with hostility. We’ll
talk more about negotiation attitude in a later segment.
Two primary philosophies dominate negotiation theory. The
first, called “Zero-Sum (Or Zero-Sum Game)” holds
that in any negotiation, one person’s gains are the other side’s losses. In other
words: every time I “win” a point, my opponent loses something he or she wanted
to obtain.
I’ve never liked Zero-Sum theory. It places a negative,
often hostile (and always aggressive) spin on negotiations.
In publishing, contract negotiations aim to create a
lasting, mutually beneficial relationship – and that can prove difficult where
the initial negotiations look and feel like a bloody war. Although the author
and publisher are “opposing parties” for purposes of the negotiation, once a
contract is signed, both parties need to be able to work together. If the author and the publisher can create a
beneficial relationship and open channels of communication while negotiating
the contract, they lay a foundation for a long-term relationship on positive
terms.
The alternative to Zero-Sum is Mutual Benefit Negotiation
– the idea that, for any given contract,
there is a place where both sides can maximize the benefits of and returns on a
contractual relationship.
I’ve always preferred to negotiate from a mutual benefit
perspective, and found it far more successful than the Zero-Sum approach. This
is particularly true in publishing, where the parties are often negotiating
contracts that last many years (and sometimes outlive the author).
Step 1 in my approach to negotiations is “viewing
negotiation as a process by which a publishing contract reaches a point of
maximum mutual benefit.”
You, the author, seek to maximize your returns on your work.
The publisher also wants to maximize its returns.
Sometimes authors forget that those goals are not mutually
exclusive. Without surrendering rights, or agreeing to terms that are less than
fair, it’s important for authors to remember that the publisher’s goal is
actually the same as the author’s – to sell as many copies of the author’s work
as possible. Finding the right, mutually beneficial, set of contract terms
is the first step in that all-important process.
What do you think of Mutual Benefit Negotiation as an
alternative to Zero-Sum thinking? Do you use it in other parts of your life as
well?
Posted by Susan Spann
Susan Spann is a transactional attorney whose
practice focuses on publishing and business law. She is also author of the
Shinobi Mystery series, featuring ninja detective Hiro Hattori. The first book,
CLAWS
OF THECAT, released in July 2013 from Minotaur Books. You can find more
from Susan at her website, or on Twitter
@SusanSpann, where she founded the #PubLaw hashtag to provide legal and
business information to authors.
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