Question
You are currently negotiating a book publishing deal on behalf of your client, K.J. Howling, a writer of moderate repute who specializes in horror stories.
You are currently negotiating a book publishing deal on behalf of your client, K.J. Howling, a writer of moderate repute who specializes in horror stories.
Your client is basically happy with the standard form contract offered by the publisher, Scattered House Press (SHP). There is, however, an important exception. Howling would like to have a clause removed from the contract under which SHP would have automatic rights to publish any sequel, on the same royalty terms as the contract now under negotiation. In response to this request, SHP has replied af rmatively, but only on the condition that Howling be willing to give SHP half the royalties from any sale of movie rights on the rst book. (The current standard form contract would let Howling keep all the movie rights.)
As you discuss this swap of contract terms with Howling, you come to agree on the following: First, none of this matters unless the rst book is a hit, which has a probability of 10%.
Second, if the book is a hit, there will de nitely be a sequel (which Howling has already outlined). If Howling is able to bargain freely on the sequel, she stands to make about $1,000,000 on the new book, but she would only make about $500,000 if she were bound by the current term. (The reason is that, if the rst book is a hit, she will be able to obtain better royalty terms than she can now.)
Third, if the book is a hit, then there is a 20% chance that a year or two later some movie studio will pick Howlings book as the basis for preparing a movie script. In that event, the movie rights would be worth about $10,000,000.
Advise Howling on whether to accept the proposed swap of contract terms. In preparing your advice, be sure that you do each of the following:
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Write down the decision tree for this problem.
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Solve it. (Be sure brie y to explain your work in some fashion that will communicate to
Howling how you reached your conclusion.)
In addition, you should feel free to make any additional comments you think appropriate in advising Howling. (This is not required; if you do add remarks, be brief, e.g., a paragraph or so.)
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