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- From: werner@dewey.soe.berkeley.edu (John Werner)
- Newsgroups: comp.sys.mac.programmer
- Subject: Re: Advice needed
- Date: 13 Dec 1992 08:30:37 GMT
- Organization: School of Education, U.C. Berkeley
- Lines: 54
- Message-ID: <1gesbdINN999@agate.berkeley.edu>
- References: <1992Dec13.062936.26772@midway.uchicago.edu>
- NNTP-Posting-Host: dewey.soe.berkeley.edu
-
- In article <1992Dec13.062936.26772@midway.uchicago.edu> hd12@midway.uchicago.edu writes:
-
- >1. Usually what's the percentage the software author can get from the
- >company's profit? Any estimation in terms of dollar? (assuming say, $70
- >each copy.)
-
- Don't agree to a percentage of the "profit", whatever that means. Ask
- for a percentge of the gross, i.e. you get a percentage of every
- dollar of revenue they get on your program, regardless of their
- expenses to produce it. This way you don't have to worry quite as
- much about them fudging their costs to make the profit look lower. On
- one educational program I wrote, I and the other authors get 15% of
- the gross. We also got a decent advance. In hindsight, we might have
- been able to get more.
-
- >2. If the company offer fixed percentage of their profit, how am I supposed
- >to make sure they will keep their promise, since I don't have access to
- >their balance sheet?
-
- See #1. If you get a cut of the revenues instead of the profits, you
- just need to see the sales reports, not the balance sheet. The
- contract should say that you get to see some sort of sales report, and
- should say how often. I think we get one every 6 months.
-
- >3. Do I need a lawyer to make it legally binding?
-
- You need a good, tightly-worded contract to make it legally binding.
- Unfortunately, you this usually means you need a lawyer. On the
- program I wrote, we negotiated our own contract, starting with the
- pre-canned one the publisher tried to get us to sign and combined with
- lots of advice from our lawyer. We had him look over a few drafts and
- the final contract before we signed it. I think we ended up paying
- him about $500. This was in Chicago; I can probably find his
- name/number if you want them.
-
- >4. Any tips? Precautions? Suggestions?
-
- Make sure you have a valid, registered copyright on the program.
- Don't just put a copyright on it, send in the forms to the copyright
- office too.
-
- Try to have the contract say that you retain copyright in the program;
- it gives you more control and rights, and a better legal position if
- you ever end up in court. If they insist on getting the copyright, be
- aware that you're giving something up, and try to get something from
- them in return.
-
- Depending on how commercial the program is, you might want to try to
- get some sort of promise that they will put a certain amount of effort
- into marketing/advertising or the rights revert to you. This would be
- hard to get, but might be something to negotiate away.
- --
- John Werner werner@soe.berkeley.edu
- UC Berkeley School of Education 510-642-9651
-