In this podcast, the author shows the specific ways to
wriggle out of a dramatic negotiation and create a win-win outcome. In the
video he describes how to separate the people from the problem, invent options
for mutual benefit, and insist on using objective criteria. These same
principles are explained in the book Getting
to Yes, which the author cites in his video description. In learning how to
separate the people from the problem, the podcast demonstrates how to express
feelings and interests and avoid blaming the other.
In learning how to protect oneself from dirty tricks, the
video first explains the three most common dirty tricks negotiators can use:
deliberate deception, psychological warfare, and positional pressure. When
dealing with deliberate deception, it is best to separate the people from the
problem by not blaming or being intimidated, but don’t trust the other, and
verify their information by doing your research. When a party tries to use
psychological warfare, such as scheduling the meeting on “their turf”, the
author recommends that you accept their invitation as this may encourage them
to listen to you more, plus it allows you to walk out easier. If they’re using
personal attacks, such as calling your ignorant for example, he suggests you
“raise the issue” directly instead of letting it go. In the third dirty trick
most frequently used in negotiations, positional pressure, the author says to
see the tactic of a refusal to negotiate (for example) as an actual negotiation
ploy. Don’t attack them for not negotiating, and instead find out their reasons
(interests) for not wanting to negotiate, and then suggest some other
negotiation methods (BATNA), such as using a third-party to mediate.
In this valuable video, Caleb Prochnow confesses that
negotiating contracts are “about the scariest thing” he has ever had to do as
an artist. He explains the value of negotiating your pay by reminding the
audience that their work is valuable, and that “your art is worth money to the
client”. The type of work they are getting from the artist is unique. He states,
“You’ve got the winning hand” because “they want what you have.” He then goes
on to say that the best thing you have in negotiation is “awkward silence”. He
says that if you break the awkward silence, you lose the negotiation. The next
person that talks is the one that loses”. This is specifically against what
we’ve learned in the book, Getting to Yes,
which emphasizes separating the people from the problem and focusing on
interests. So his suggestion most applies to the suggestion of what to do if
someone tries to say “take it or leave it” in a dirty-trick negotiation tactic.
Ignoring them and continuing on as if you haven’t heard them is the best plan.
So in this sense, he provides good advice.
In his discussion of copyrighting your material in a
negotiated contract, he states “you can
negotiate full rights and full buy-out of your original work, but get paid for
it…because they will be making money on your work. You are transferring
authorship to someone else in a work-for-hire contract.” This is also an
interesting correlation to the principle of insisting on using objective
criteria. Being prepared prior to this meeting, and knowing what the industry
standards are, an artist can avoid having their art stolen or exploited. If
they don’t want to give full ownership of their work, they need to negotiate
royalties in the contract. As an artist manager and entertainment company CEO,
this presentation was incredibly valuable.
In
this podcast, Hollywood
Entertainment Attorneys Eric Weissmann and Paul Levine do a mock negotiation at
the Sherwood Oaks All Access to Hollywood Screenwriters' Event on February 9,
2008. They are negotiating a mock contract between a studio executive and the
manager of a script-writer. This podcast was valuable because it demonstrated the necessity of doing one's research prior to negotiating a contract. Finding out the industry standards, a background on invested interests, as well as other objective criteria, and a BATNA is a prerequisite to dealing with an executive at a studio. Since this is my line of entertainment business, this video was invaluable. What they demonstrate in this mock negotiation shows the specifics of entertainment negotiations…which tend to be more informal
than usual business negotiations. They also illustrate how studios try to get as
much from the writer as possible before they will even pay the writer. They
discuss how "the writer’s guild rules" are imperative in negotiating these types of contracts.
The studios will always try to give the minimum of what is legal. In this
presentation they also stress how the royalties and/or payment for your work is
an important aspect of the contract negotiation. One’s “writing” can be viewed
as their artwork, and so the copyrighting of ownership is thus paramount to any
contract negotiations. Knowing the standards, as well as what you will and won't accept prior to the meeting is necessary.
