Ask and You Shall Receive
In a recent conversation with a writer friend, he was a bit taken aback by the contract terms sent to him by his latest client, which we’ll call Big Name Publication. He spelled out a few, which had to do with kill fees and reprint rights. He was concerned and didn’t want to continue the assignment with the contract as it was written (he’d yet to sign it).
He went back to Big Name Publication and asked for the changes, fully expecting them to deny his request, at which point he said he was willing to walk away from the project. Much to his surprise (and mine – I’ll be honest), Big Name Publication accepted his requests and my friend is now working on a lucrative project with an added layer of protection.
It’s encouraging because we’re in a changing industry. We’re becoming so accustomed to low-ball offers, bad deals and pseudo-clients that we’re unsure how to negotiate with the real ones. My friend’s experience has given me hope that indeed employers – legitimate ones – are willing to bend a little in order to work with writers.
So don’t be afraid to negotiate. If you don’t like the terms, ask for revisions to the contract. And be prepared – not all clients are going to be willing to amend the contract. When that happens, know how you will respond. It’s called your BATNA – Best Alternative to a Negotiated Agreement – and it’s your walking-away point. It’s the action you will take if the terms aren’t agreeable on all sides. Feel free to employ it when you’re sure negotiations are finished.