You Don’t Get the Deal You Deserve. You Get the Deal You Negotiate
When you are in the midst of a negotiation, your counterparts will never GIVE you the deal you want and deserve. You will only get the deal you negotiate! With experienced corporate negotiators on the other side of the table, you may feel outgunned during the intense back-and-forth that often characterizes licensing negotiations.
Joining me for this workshop is Andrew Berger, an intellectual property litigator who is counsel at the New York firm Leichtman Law PLLC. We’ll be discussing why it’s important to know what you want before starting the negotiation, what you’re willing to give on, how to get the best terms, and some key mistakes and how to avoid them. Plus you’ll get answers to your specific negotiating questions.
At the end of this live workshop, you’ll be armed with ten of the top inside tips and strategies to help your “negotiating prowess.” You’ll get the know-how and confidence you need to overcome tricks, traps, and ploys – and get more favorable contract terms for your licensing deals.
2. The more you don’t need to do the deal the more leverage you have when negotiating it.
3. If your sales channel is the Internet you have global rights.
4. Givers get; if you give exclusivity, you should get a higher royalty.
5. Don’t enter into a license without an exit strategy.
6. There is no one magic royalty number whatever the deal.
7. Set a royalty by looking at what licensees are paying in comparable deals.
8. The term of the license should allow the licensee a reasonable time to recoup its investment in the deal.
9. Negotiate with respect to build trust.
10. Take your time so that the license agreement creates a long-term, mutually-beneficial relationship.
Andrew Berger is an intellectual property litigator and is counsel at the New York firm Leichtman Law PLLC. Andrew has resolved multiple copyright infringement litigation’s on behalf of his clients when their works were used without authorization, collecting substantial sums on their behalf. Andrew also helps his clients monetize their intellectual property through licensing, joint ventures, sales and related transactions.
Andrew is an adjunct professor at Cornell Law School teaching a course every fall on copyright litigation. In addition, Andrew has for more than twenty-five years mediated IP cases for the Southern District Mediation Office and for parties in private meditations. His peers have selected him as a Super Lawyer in intellectual property litigation every year since 2012.
Andrew also writes an IP blog, IP In Brief, which comments on trends and transformations in copyright and trademark law.
He may be reached at firstname.lastname@example.org
Rand Brenner is President and CEO of Licensing Consulting Group, an IP consultancy and licensing firm specializing in specializing in assisting clients in Strategic Consulting, Licensing Management and IP Due Diligence. He has an extensive career as both licensee and licensor, and has developed licensing programs for several Hollywood blockbusters including the Mighty Morphin Power Rangers and Batman. Rand is also a professional speaker on licensing, and has presented at numerous business events, conferences and trade shows. His latest book, Hidden Wealth: The Money Making Power of Licensing was published in 2019. Rand has written several articles on intellectual property licensing that have appeared in the Licensing Journal and Intellectual Property Magazine.