CHAPTER 3
Negotiating the Terms
The negotiated terms define a relationship around which the agreement is written. There are many different views and a lot of mixed information on negotiating, and much of what you hear will not apply to licensing. Most people and companies approach negotiations from a selfish position of how much they can get, which works for buying a car, but not for licensing. Negotiating a sale is final like a better price on a car or a house. A license agreement is ongoing and more similar to a profit-sharing agreement or an employment agreement where you are a vendor to the company, who indemnifies you, and regularly pays you.
The art of negotiating a license is “the art of letting them have your way.”1 Finessing the company ...
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