The first rule of contract negotiation for writers

The reality of life as a jobbing writer is that, like anybody running their own business, you have to do a lot of negotiating. Which for writers, all too often, means getting walked over.

The Society highlighted the case of Horrid Henry author Francesca Simon, who has not received any royalties from the television and film adaptations of her Horrid Henry books, despite the series being broadcast in 44 countries with more than 1.5m DVDs sold.

In an article last December, Simon revealed that she was missing out on the royalties because when she sold Orion her first Horrid Henry book in 1993, the book deal included film and television rights. A deal with Novel Entertainment for those rights was subsequently negotiated by Orion. “They did a poor deal. They did not use a lawyer,” wrote Simon in the Author magazine. “Not understanding their proper value led to the worst mistake of my career.”

I have only sympathy for Francesca Simon, and hope the show’s producers do the decent thing and offer her the deal she should have had in the first place. But the sad truth is, writers get stuck in horrible deals all the time. Which is because they don’t abide by the first rule of negotiation.

YOU MUST BE PREPARED TO SAY “NO DEAL”.

As a jobbing freelancer, who has made a living that way for over a decade, I say “No Deal” a lot. My freelance rates are relatively high, and no end of people feel I should be working for less. I always say “No Deal”. Often, people are surprised. They’re not used to writers doing that I guess. I also guess that’s part of why I make money when many others don’t.

This is undeniably harder when it’s your own creative work on the line. Some years ago, soon after finishing the Clarion writer’s workshop, I was offered a shot at a fiction book deal, based on a pitch and some hurriedly written chapters. Exciting right? Well, yes and no. Truth be told, my heart wasn’t in the idea, and the deal itself was so bad that I was actually angry reading the details. I would never, ever sign a contract like that in business, so why would I sell my creativity short? I said “No Deal”. Of course, I’ll never know for sure if I made the right call.

Which is exactly the psychological pressure that leaves writers in a hard spot when negotiating. These are your hopes and dreams on the line, if you turn down this deal, however shitty, will there ever be another one? The unhappy truth is, any experienced negotiator sitting across a table from a creative in that state will take full advantage of it.

Which is why agents exist, right? Not quite. Most of those awful deals were negotiated by agents. Yes, agents are on commission, and hence “in your corner”, but they have many clients and want to make many deals, so agents are also in the publishers corner, and likely to play along with the status quo if it’s to their benefit. As a writer, you’ll need to negotiate the right deal with your agent to ensure they do a good job on your behalf. And then, ultimately, you have to decide whether to take that deal. Or say, “No Deal”.

By being prepared to say “No Deal”, you reclaim the psychological initiative. Like a warrior accepting death before battle, you are taking control of a situation where control is limited. A good contract should be to the benefit of both parties, and lead to a healthy long term relationship. A good publisher will want to settle a contract like that. But it’s human nature to push for the upper hand. Unless you’re strong enough in negotiation to push back, even well intentioned professionals will walk over you.

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Read more at Guardian Books.

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