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Negotiating the Licencing Agreement

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Anonymous

:D I have found a game company to review my game.

Assuming they love my game :wink: and want to publish it, 8O does anyone have any information regarding negotiating the licensing agreement?

I know that 5% royalty fee is about average for the industry (sometimes less), but what else should I know? I don't want to say yes to the first offer they give me, but I don't want to walk away from a dream deal either because I didn't know any better. I appreciate whatever info you can share with me.

Carey

Anonymous
Negotiating the Licencing Agreement

Find someone you know that negotiates business deals for a living.
(A purchaser or a seller).
Make a negotiation strategy together with him/her before starting a negotiation.
Decide before you start a negotiation what you are happy with.
Decide how little you can accept before breaking of the deal. f you do these two before entering a negotiation you will have a much better chance to succed. Please do remember that your counterpart takes all the risk and also needs to earn money.

Ensure what the scope is about:
5% of what? The cost of the game from the manufacturer or the price in the stores?
Only the right to distribute the game for a certain country or a continent or the world?
Do they want exclusive rights (probably but it does not hurt to ask)?
What happends if they do not publish?
etc...

Best of luck
Jepson

Anonymous
Negotiating the license agreement

Jepson is right.

5% will likely be your percent off the wholesale price. You should also get an Advance Against Future Royalties Earned. The quantity the company will produce on their first run (5K small company, 10-30K larger company, 300K Hasbro/Mattel) and the cost and wholesale price, will determine the size of your Advance.

The formula I like to use is WP x P x U = A.
WP is wholesale price, P is your percentage, U is number of units of first run, and A is advance. So 5% of a game wholesaling for $10 with 5,000 unit first run is $2500.

Two things you can ask for:
One: If they offer a small advance, say $1000 in the above scenario, consider asking them for a guarantee of $2500. $1000 now, and the other $1500 payable at the end of the first calendar year of release.
Two: A higher percentage once the game is selling. Say, 5% now, but 6% is the game exceeds 50,000 units in sales. When they start running more games, their costs drop, so it doesn't hurt to ask them to share some of that extra profit.

There are many, many more items to consider but lastly I would reiterate what Jepson has said.
What territory? If you can license for U.S. only or North America, then you can potentially make more money buy selling it in Europe too.
What rights? 'all rights in all media' is usually what they will ask for but consider whether they've actually have avenues for selling into TV shows, cel phone games, DVD/PC/Console games. Consider whether you have those connections. Go with what makes sense.
What about guarantee to produce? A non-performance clause that kicks back rights to you if they don't produce by a certain time is important. Also a minimum performance clause doesn't hurt as well. If the game doesn't sell well for them and they've locked up rights for 5 or more years, and they let it languish after year two, then you're looking at no money and no game.

Hope it happens for you. G'luck.
- Keith

Anonymous
Negotiating the Licencing Agreement

Sounds like you have through this process once or twice before. I bought the book "Toy and Game Inventor Handbook" and they have a lot of the same information, only I think you have some they don't.

Because this game could work in a variety of mediums: as a board game, a PC game or stand alone electronic game, how should the aggreement be worded to ensure I'm going to get royalties for these venues?

Also, is it advisable to bring my own license agreement into the meeting or plan on using theirs?

Thanks for you help!

Carey

Anonymous
rights

Instead of 'all rights in all media' or similar verbiage, say something as simple as 'all rights for board games only'

I wouldn't worry about bringing contracts to meetings. I've found few who are willing to talk deal points immediately, even if they show an interest. Usually, they will want a prototype that they can further play test.

Most successful game companies will have their own contracts that they work from. I would prepare a document that has pertinent deal points in it that you can give to them should they get to the stage of talking money.
- Keith

Anonymous
Negotiating the Licencing Agreement

Quote:
I would prepare a document that has pertinent deal points in it that you can give to them should they get to the stage of talking money.

If this were your first time negotiating the contract, and knowing what you know now, what kind of deal points would you recommend?

Carey

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