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Subject:Re: Royalties (in lieu of fee) and contract From:Cappy Anderson <ipsofac -at- CYBERTOURS -dot- COM> Date:Fri, 23 May 1997 21:14:36 +0000
Michael Krigsman wrote:
>
> >From the software company perspective, a royalty represents a way to defer
> the documentation expenditure until revenue from the product starts. This
> might indicate that they have a cash flow problem. In essence, you are
> absorbing some of the business risk that they would otherwise be taking.
>
> I would be very careful about accepting a royalty. Unless you stand to make
> a very good return by absorbing the risk, and the project is large, it's
> probably not worth the hassle. If you go the royalty route, be sure all the
> details are carefully documented in a contract before you begin work. It is
> important to agree on issues such as your right to receive periodic product
> sales reports. Also, be sure to get appropriate legal advice before signing
> the contract.
>
> If the company has cash flow concerns, perhaps a payment arrangement
> (including interest) would help motivate them to hire you. There have been
> times when Cambridge Publications has negotiated payment terms with
> customers, allowing them to pay us out of product revenue. This has always
> been done before the project actually starts, and included specific payment
> due dates, amounts, and interest. Most important: only offer such terms to
> people you really trust.
>
> Michael Krigsman
> Cambridge Publications, Inc.
>http://www.documentation.com
>
> At 05:17 PM 5/23/97 -0400, JIMCHEVAL -at- AOL -dot- COM wrote:
> >I'm being asked to revise a handbook on a royalty-only basis, am not sure
> >what to watch for in the contract.
> >
> >Any suggestions?
>
> Michael Krigsman Tel: (617)739-1860 ext.18
> Cambridge Publications, Inc. Fax: (617)277-9990
> One Harvard St., Suite 300 Internet: mkrigsman -at- cpub -dot- com
> Brookline, MA 02146 Compuserve: 73707,75
>
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I am a lawyer and potential tech writer. I know nothing about royalties
in a legal sense and anything I say is not legal opinion. That said-it
is hard enough to get paid for services rendered. and trying to get
paid when there is problem is next to impossible. Even if you win a
judgment, you still have to collect and the deck is almost always
stacked against the creditor. It is no easier for myself as an attorney
to get paid than it is a trade's men. actually-it's easier for them
because of lien statues. Cappy Anderson, York, ME
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