Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!tut.cis.ohio-state.edu!VAX1.CC.UAKRON.EDU!mcs.kent.edu!usenet.ins.cwru.edu!eagle!data.nas.nasa.gov!pioneer.arc.nasa.gov!smithwik From: smithwik@pioneer.arc.nasa.gov (R. Michael Smithwick -- FSN) Newsgroups: comp.sys.amiga Subject: Re: Software publishing. Message-ID: <1990Oct12.011856.20180@nas.nasa.gov> Date: 12 Oct 90 01:18:56 GMT References: <32077@nigel.ee.udel.edu> Sender: news@nas.nasa.gov Reply-To: smithwik@pioneer.arc.nasa.gov (R. Michael Smithwick -- FSN) Organization: NASA Ames Research Center, Mtn Vw CA 94035 Lines: 77 ["Color me amazed Cooper"] In article <32077@nigel.ee.udel.edu> S36666WB%ETSUACAD.BITNET@ricevm1.rice.edu (Brian Wright) writes: >Hello, > > I need some advice in this subject. A friend and I are collaborating >on a piece of software to be published fairly soon. What I am wanting is some >input from those of you who have published commercial software. What kinds >of pitfalls can we try to avoid? What is a fair percentage that we can expect >on the software sales? Should the contract be looked over by a lawyer before >we sign? If so, just any lawyer? I don't have a personal lawyer. What things >should we be aware of? How thorough should the contract be? How much can we >be liable for? How much is the publisher liable for? How much should the >publisher be liable for? > > I hate to bombard with questions, but we would like to be informed. >Anyone in a position to help, please respond. You don't necessarily need to >answer all of the questions above. Just give your responses as you have seen >them from your perspective, after the publishing. > > BTW, we haven't signed the contract yet. > First of all, don't EVER sign the "standard" contract. Be willing to spend several months if need be in conract negotiations, and up to a couple grand on a good lawyer. I won't cover things mentioned in a previous posting, but one thing to be careful of is how do you get out of the contract if the company screws up? First of all, make sure that the contract specifies that YOU own the copyright, not your publisher. Otherwise if they go under, you could be in deep kimchee. Also, insist on a minimum yearly royalty, based on some assumed amount of sales that you would be satisfied with, say, 2000 units a year. If they sell less, they must pay you for 2000 units in order to retain publishing rights. This ensures a certain level of permformance on their part and lets you get the program back if they fail or just decide to stop spending money on it. Typically there will be a clause covering breach of contract and will specify a grace period to make good on the breach. Try to make this period as short as possible (a month or less), since in most cases the company will be in breach due to non-payment of royalties. It is in your best interest to get the program back as soon as possible, especially if Christmas is coming up soon. Ensure that you get copies of the registered owners list. This will give you a lot of leverage with future publishers should your current one go under (and for that matter, if things look bad, hold on to an upgrade. In the case the company does go under, or drops your program, you can then offer the upgrade direct and recover any lost funds while looking for a new publisher). Make sure the contract covers what to do with foreign language translations and ports to other machines. Try to ensure you own the name. If you get your rights back, its nice to be able to continue publishing under the name it is already known by. Talk to other authors the company publishes with and get their opinion on things. DON'T EVER LET A ROYALTY CHECK SLIDE! Even if they have a good excuse, if they miss a payment send them a breach-of-contract letter immediately. It will keep them on their toes. The length of the contract shouldn't be more than 5 years. Enough for now. Let us know what happens. >> mike smithwick << Any opinions are my own since nobody else would ever want them. "Colonize Cyberspace!"