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Week 7: Negotiation (or: Learn to Ask for More)
Most writers don’t consider trying to negotiate a better deal/contract when they receive an offer from a publisher, agent, or outlet of any kind. They just accept the terms or pay in the boilerplate. This is partly a quirk of an industry where writers are supposed to be grateful their work was accepted in the first place, plus they may be expected to write for exposure. Writers might see themselves as without power or agency, which is not unfounded, but it can be a self-fulfilling prophecy. You can’t wait for permission or the “right time” to negotiate a better deal for yourself. If you don’t ask, you don’t get.
Here are common challenges that prevent writers from negotiating better deals.
Fear that you’ll lose the opportunity
If you’ve spent years trying to secure an agent or publisher, you may be tempted to quickly accept and sign. You may worry that if you ask questions, you’ll be a nuisance, a problem person. Maybe the other party will be offended if you ask for a better arrangement and they’ll retract the offer.
However, I guarantee that agents and publishers will not be offended by questions or an attempt to negotiate. Few writing contracts or agreements are “take it or leave it.”
But what if you do encounter someone angry or offended by your attempt to negotiate?
First, examine your approach. Is it respectful and in good faith? If you negotiate by saying, “How dare you insult me with this offer! Are you a second-rate operation? Don’t you know who I am!” then you might find the other side less cooperative.
But if your approach isn’t combative, and the other side is resistant to answering questions or having a conversation, you must ask yourself if that’s a business partner you want to move forward with. Your difficulties are likely to compound after signing with a partner that’s non-communicative.
You don’t know what’s negotiable or what’s reasonable to ask for
One of the big problems in publishing is the lack of transparency around earnings and what other people are getting paid. While there have been community efforts to dismantle this cloak of secrecy, there’s an additional challenge: so many scenarios and terms are unique to each publisher, agent, author, and book. And this is why agents can be so invaluable: they have experience that helps them know where and when to push on behalf of their clients. So what can you do when working on your own?
Research your potential business partners to the best of your ability. Can you talk with other authors who have worked with them? Can you find out what the standards are before entering into the negotiation? Either way, ask as many questions as you like about the agreement or terms, like “Is this typically what you offer?” or “Where is there flexibility in this deal?” And most important: “Can you do better?” You might be pleasantly surprised at the transparent and helpful responses you receive. Good-faith business partners want you to understand what you’re agreeing to and want you to feel good about the deal. It makes for a better partnership.
You underestimate the value of your work
This issue is closely related to the above, especially when you’re new to the industry. I find writers struggle with what to charge when it comes to speaking and events, freelance jobs, consulting and editing, and side gigs.
I myself spoke for free for way too long and continually underpriced myself. But when I started asking for meaningful pay, I was rarely turned down. Of course, I have accrued leverage over the years, and not everyone can successfully make the same asks that I can. You should try anyway and test the limits. Also think creatively about other ways you can make the situation beneficial for you. If you can’t get the compensation you want, is a trade or barter possible? Can you figure out a revenue share model? Can you get a bonus based on performance? Better escalators? Etc.
Even mid-career, I still fail to negotiate well, and sometimes regret agreeing to terms I know aren’t great. (Sometimes you just get tired and agree so you can move on with your life.) But I have never regretted asking for more or seeking a better deal. The worst that can happen is you get a “no.” I’ve worked with organizations who say “yes” one year and “no” the next—to the exact same terms—and vice versa. You won’t always be successful in getting what you want. But you do have the power to walk away from a deal that’s not serving you well. There will be other offers and opportunities, I promise.
Exercise
Read up on standard contractual arrangements for authors and freelance work. Book authors should read the Agent-Author Agreement (from the SFWA) and the Authors Guild Model Trade Book Contract. Freelancers Union has a useful contract creator.
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