Writers in the Storm

Susan Spann

I talk a lot about contracts, here and in other #PubLaw posts. Most authors know that a contract is needed, and many even know what terms to request.

However, we don’t talk nearly enough about how to request those terms.

Negotiation isn’t a topic most of us learn in school, and many authors feel adrift when it comes to the negotiation process. In light of that, my summer posts here at WITS will take a closer look at negotiation—and offer some tips and strategies to help you negotiate with skill and style.

Good negotiation doesn’t happen “just by chance.” Successful negotiation requires proper planning, preparation, and execution.

This week, we’ll look at a successful negotiation strategy. Next month’s post (2 weeks from now) will follow up with detailed strategies to prepare for your negotiation, and in August…you guessed it…we’ll look at how to execute a successful negotiation.

Although these posts are designed for use in the publishing context, the strategies I’m discussing here apply to all forms of negotiation, from “can I have a cookie” to “avoiding a land war in Asia” (though, in the case of that last one, my best advice is “don’t get involved in the first place”).

Ready? Let’s get rolling.

NEGOTIATION STEP #1: Understand Your Objective.

I could talk at length about the terms an author should try to obtain in a publishing contract. However, in the context of negotiation, the objective is not only the contract, but also what the author wants to achieve from the negotiation process.

The twin objectives of publishing contract negotiations are:

1. Reaching a mutually-acceptable set of contract terms, and
2. Establishing the basis for a positive business relationship moving forward.

Both of these goals are equally important. However, it’s hard to establish a positive relationship in a negotiation that feels like a street fight—even if you ultimately get the terms you wanted in the end.

It’s critical to negotiate in a manner that achieves acceptable contract terms without alienating the editor or publisher on the other side of the bargaining table. Fortunately, it’s usually possible to obtain the terms you want without creating a hostile environment if you take the right attitude—and the right strategy—into the negotiation.

NEGOTIATION STEP #2: Selecting the Proper Strategy

Two of the most common negotiating strategies are “Zero-Sum” (or “Zero-Sum Game”) and “Mutual Benefit.” Let’s take a look at each strategy, and use translation rights (aka “foreign language rights”) as an example to show how each one might play out in a publishing contract negotiation.

Zero-Sum Negotiation / Zero-Sum Game

In economic and negotiating theory, a “Zero-Sum Game” is a mathematical representation of business actions in which each “point” in one party’s favor represents a loss for the other side. Negotiating by Zero-Sum tactics means approaching the negotiation, and the resulting contract, with an “I win-you lose” attitude.

People who negotiate this way are often aggressive and alienate the other side because they consider it imperative to “win” as many points (in this case, acceptable terms) as possible.

In a Zero-Sum negotiation, the issue of foreign language rights comes down to “one of us gets them, the other one does not.” Publishers often want to acquire as many rights as possible, and standard contract language almost always includes translation rights.

In a zero-sum negotiation, the author’s position would be, “You can’t have my translation rights (and that’s the end of the discussion).” Whoever ends up with the rights is the “winner” and the party without them “loses” on that particular point.

Unfortunately, zero-sum negotiation in the publishing contract often leads to loss of a publishing deal, because when the publisher won’t give in the author must chose between “losing” on the points at issue and walking away from the contract altogether. Even when the author “wins” on certain points, the negotiation becomes a tug-of-war between absolute positions. When the dust settles after a difficult zero-sum negotiation, the parties often feel stressed and unhappy about the points they “lost” rather than pleased to have closed a deal.

Mutual Benefit Negotiation

The “Mutual Benefit” strategy represents a better choice for publishing negotiations. Mutual Benefit negotiation starts from the theory that it’s possible to reach a contract situation where each of the parties ends up in a better overall position as a result of the negotiations.

The objective of Mutual Benefit negotiation is reaching a set of contract terms which, in the aggregate, benefit both sides and lay the foundation for a positive business relationship.

Foreign rights negotiation might proceed quite differently with a mutual benefit perspective. If the publisher wants the rights, and refuses to allow the author to keep them, the author can propose an alternative option that benefits both sides. For example, asking the publisher to allow reversion of the translation rights if the publisher hasn’t sold them within a stated time (usually 24-36 months) after initial publication of the work.

By offering a third solution—something beyond “one wins/one loses”—mutual benefit negotiation permits creative problem-solving that satisfies both parties’ needs. Even if the creative suggestion isn’t accepted, offers made from a mutual benefit perspective can defuse tension in the negotiation process and make the other side feel respected. (Many publishers negotiate in this manner too, when authors and agents ask for concessions in a respectful way.)

Approaching negotiations from a mutual-benefit perspective sometimes requires an attitude adjustment, and can be difficult when the other side doesn’t seem to return the favor. However, the results are worth it—even if the publisher uses a different tactic.

It’s worth the time to cultivate a calm, professional attitude and creative problem-solving skills. The benefits you gain will help your career in many ways, including (but not limited to) your contract negotiations.

I hope you’ll join me in July as we take a look at how to prepare for a mutual-benefit contract negotiation, and discuss some helpful strategies for getting the most from your publishing contract.

Have you ever negotiated a contract? What strategy and attitude did you take into the process?

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About Susan

Susan Spann writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. The second Shinobi Mystery, BLADE OF THE SAMURAI, released on July 15, 2014, and her third novel, FLASK OF THE DRUNKEN MASTER, releases in July 2015.

Susan is also a transactional attorney whose practice focuses on publishing law and business. When not writing or practicing law, she raises seahorses and rare corals in her marine aquarium. You can find her online at her website, http://www.SusanSpann.com, and on Twitter (@SusanSpann).

I am not an old soul. I am a klutz and a fairly slow learner. I bumble through life, making almost every mistake possible before finding the right way.  People (most notably, my long-suffering parents) tried to explain things to me. But that’s apparently not how I learn. And I don’t think I’m alone.

This used to make me feel like a failure. But it doesn’t anymore.

Do you remember when you were little? If you don’t, observe a child who is preschool age, attempting something new to them. They try, make mistakes, learn, and move on. They don’t beat themselves up, because they seem to know instinctively that making mistakes is how you learn. Do you, as an adult, fault them for that? Of course not! You explain, and demonstrate and encourage, until they get it, or decide it isn’t for them, and they move on to try the next thing.

But something happens around the golden years of junior high (yes, that’s sarcasm). Peer opinion becomes a red-hot pressure cooker. It’s no longer okay to make mistakes. We look around and decide we’re behind—everyone around us has it together, and we never got the manual. We watch adults, observing their competence and confidence.

So you start racing, trying to catch up. You don’t take chances anymore, because you may make a mistake. And everyone will find out that you are clueless. You stick to things you know. You don’t try new things, because you can’t take the chance that you might not be good at them. You may even chose a career, not because you love it, but because you’re competent at it. And how sad is that?

Somewhere around forty, I gave up looking for the manual. I accepted my ‘process’. I’m always going to stumble through life, making mistakes. I relaxed when I realized that my whole life is an experiment.

Remember the scientific method from school? In case you don’t, here are the steps:

• Ask a Question
• Do Background Research
• Construct a Hypothesis
• Test Your Hypothesis by Doing an Experiment
• Analyze Your Data and Draw a Conclusion

Mistakes aren’t failure.

Each mistake I make brings me closer to the correct conclusion. Mistakes are an essential part of learning!

Thomas Edison's teachers said he was "too stupid to learn anything." He was fired from his first two jobs for being "non-productive." As an inventor, Edison made 1,000 unsuccessful attempts at inventing the light bulb.

                       Do we think of Edison as an idiot?

I belong to a national writer’s organization. I can’t tell you how many people I met who joined with an ardent fire in their eye. They wrote, they learned, they submitted. They were rejected. Repeat.

I noticed when they began to look around them, seeing others working hard and some succeeding. I remember that look from junior high. They were counting their mistakes, and looking for the handbook that everyone else seemed to have. Many disappeared shortly thereafter.

Once I rediscovered the scientific process, I didn’t quit—even after 15 yrs. And 417 rejections. I now have two publishers, seven contracted novels and last year, I won the 2014 Romance Writers of America^®   RITA^® award for the Best First Book.

People tell me I’m an inspiration, but I’m not. I’m a bumbling klutz, who refused to take mistakes as a judgement of my ability. I don’t have to be perfect. I don’t have to get it right the first time (or the 500^th). All I have to do is learn something from each mistake and continue to improve. Repeat, repeat, repeat.

You have a choice of two ways to look at your mistakes, and no one’s opinion matters but yours.

One will freeze you to immobility, one will move you through any adversity.

And one of those choices would be a big mistake.

 So  are you ready to take up my challenge of seeing life as an experiment? Do you have any tips for us on how you slay the demons in your head? 

 

by Angela Ackerman

A friend of mine, the talented YA author Martina Boone, debuted last year with Compulsion, a southern gothic mystery romance novel showcasing a protagonist with the most unique and amazing talent: she is a finder of lost things. For her, this inherited talent (sometimes a curse, sometimes a boon), acts a compulsion--when she senses something lost close by, she is driven to discover the item’s location and return it to where it belongs.

Not only does this steer the plot of the book in many interesting ways, it is also an example of brilliant characterization layering which makes her heroine Barrie Watson so unique and compelling.

When I fell so in love with this book (and yes, I am absolutely recommending you read it), I had to ask myself WHY.  For me, it was the secret mystery behind her talent. I wanted to know how this inherited skill flowered into being, and how it involved the unusual blend of ruling families of Watson Island. I also wanted to uncover each lost item just as powerfully as Barrie did, and unravel why they had been hidden away in the first place.

I know I’m not alone at being drawn in by secrets. As readers, when something is hinted at but unknown, we sit up and pay attention. We hunger to follow clues down the rabbit hole until the shape of what is being withheld is revealed. This is why secrets are so addictive, and act as an excellent way to bring readers closer to your characters.

Pinpointing Your Character’s Secret

Have you thought about what secrets your hero might be harboring, and the price that comes with bearing them? After all, rarely are secrets good things, especially in fiction. In fact, they are usually a rat’s nest of pain, because often a secret is kept out fear of exploitation or judgement. Sometimes at the heart of one lies the character’s Emotional Wound.

Here are some types of secrets to help you decide what motivates your character to keep one.

Secrets Revolving Around Guilt:

There is a deep fear that, if a secret comes to light, one’s reputation and value among those one cares about will be diminished or even destroyed. Secrets that tie closely to guilt are ones where the character has done something that crosses moral lines. As author David Corbett states in The Art of Character, “guilt is between you and your conscience.”  A few examples:

• Infidelity (cheating on a spouse or lover)
• Theft or destruction of another’s property
• Throwing someone “under the bus” to obtain an advantage or avoid consequences
• Aggressive or bullying behaviors that forces someone into submission or acquiescence
• Lying or deceit

Secrets Revolving around Shame:

When shame is involved, the worry that one’s secret will shatter the view others have about oneself is even more pronounced. Shame is not always logical or deserved. While it may be a result of an action or choice, it might also simply be the mistaken belief that one could or should have done something to avoid the eventual outcome. A few examples:

• Failing to achieve a goal or objective which impacts other people
• Failing another in their time of need
• Events that will cause humiliation if known (being forced to perform immoral acts during a college hazing, for example)
• Negative associations (being the child of a known serial killer; having past ties to a violent or disreputable organization, etc.)
• Past victimization, especially sexual in nature (a rape, for example)

Many secrets have elements of both guilt and shame because it is human nature to internalize and personalize situations even when it is underserved or inaccurate to do so. A rape victim may keep her abuse a secret out of shame for what was done to her, and guilt at believing (wrongly so) that she was somehow partially to blame because of something she did or didn’t do.

Secrets Revolving Around Exploitation:

Some secrets are kept simply out of the worry that if found out, another might take advantage in some way. A few examples:

• Having a special power or exceptional talent (psychic abilities, super strength, etc.)
• Being a Person of Interest (having fame or power due to one’s own success, or by association, such as being the daughter of a political figure or well-connected oil tycoon)
• Making a discovery (an invention, scientific breakthrough, a new technology or process that will revolutionize, etc.) which others will covet and likely try to appropriate

Secrets out of Necessity:

Many times a character keeps secrets because they feel they must, not so much for themselves, but to protect others. The reason may also tie into one of the above factors, saving someone unnecessary pain, guilt or exposure. A few examples:

• Keeping the truth to oneself regarding an event because someone is too fragile to accept what happened, or bear personal responsibility if that is the case (and there is no reason to cause further pain)
• A family secret that is closely guarded for fear of exploitation or unfair persecution
• A tradition, piece of knowledge or practice that is safeguarded for privacy, to avoid exploitation, or to keep the information from being misused/misinterpreted or corrupted
• Keeping a secret because it belongs to another, and it is not one’s place to reveal it
• Being legally or ethically bound to keep a secret (like those kept between lawyers and clients, doctors and patients, a priest and parishioner, etc.)

When planning a secret to use in your story, consider these questions:

Does this secret enhance the plotline, or distract from it?

Does this secret align with the character’s moral code?

Does this secret send a message about the character’s personality that meshes with how I want readers to think about him or her?

What’s your character’s secret? Let me know in the comments!

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About Angela

Angela Ackerman is a co-author of the bestselling resources, The Emotion Thesaurus: a Writer’s Guide to Character Expression, The Positive Trait Thesaurus: a Writer’s Guide to Character Attributes and The Negative Trait Thesaurus: a Writer’s Guide to Character Flaws. A proud indie author, her books are sourced by US universities and are used by novelists, screenwriters, editors and psychologists around the world. You can find her on Twitter or at the popular site, Writers Helping Writers™, which specializes in building innovative tools for writers that cannot be found elsewhere.

Her ebook, Emotional Amplifiers, is currently free on Amazon.