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- From: kdlee@umn-cs.cs.umn.edu (Kevin D. Lee)
- Subject: Re: Advice needed
- Message-ID: <1992Dec14.143232.27408@news2.cis.umn.edu>
- Sender: news@news2.cis.umn.edu (Usenet News Administration)
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- Organization: University of Minnesota, Minneapolis, CSci dept.
- References: <1992Dec13.062936.26772@midway.uchicago.edu>
- Date: Mon, 14 Dec 1992 14:32:32 GMT
- Lines: 46
-
- In article <1992Dec13.062936.26772@midway.uchicago.edu> hd12@midway.uchicago.edu writes:
- >A software company is trying to buy an application I wrote for Macintosh.
-
- Don't sell the copyright, just sell the marketing rights in return
- for a percentage of sales. One way to protect yourself is to require
- a yearly performance figure, if the software sales don't reach the
- minumum sales figure (i.e. generate enough roylaties) then at your
- option, all rights revert to you.
-
-
- >
- >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.)
- 10-20% seems to be the norm for roylaties. Make sure that the
- royalty is on net sales. By the way, roylaties are nice because
- you do not have to pay social security on roylaties.
-
- >
- >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?
- In you contract insist on the right to audit the books. They
- may require that it be done by a CPA. Also insist that if
- the audit shows they made an error they pay for the audit.
-
- B
- >
- >3. Do I need a lawyer to make it legally binding?
- No, but you may feel more comfortable if you have a lawyer.
- Try to do as musch of the negotiating yourself and just
- use the lawyer as a refrence.
-
- B
- >
- >4. Any tips? Precautions? Suggestions?
- There are several books published about negotiating your
- own book contracts. There are enough similarities that
- it is worth your while to look at them.
- Good Luck!
- >
- >All helps and suggestions will be very appreciated.
- >
- >
-
-
-