Wednesday, June 01, 2005

rather like a marriage

They say that women marry expecting to change their future husbands and men marry expecting their future wives not to change. The balance in any relationship changes after it has been formally negotiated and put down in writing. From my experience, the process of negotiation can actually be the moment that the relationship breaks down so that immediately the minute the contract is finalised both parties do everything they can to get out of the agreement.

Licensing agreements offer a similar tipping point. At the beginning the brand owner has all the leverage as he chooses a suitable partner from (potentially) a wide range of interested partners. Gathering financial, legal, and market sensitive information as the poor licensee jumps through the hoops on the way to securing the license.

Once the license is signed everything changes. The leverage is all with the licensee. Missed annual minimums by £20,000? We'll catch up next year. Distribution slightly out of whack with the initial vision? Oh well, at least royalties are up. Want to know more about our manufacturing? Sure, just hold on a second will you....

The only guarantee of matrimonial bliss is to find a partner who shares your common values and is prepared to invest in the long term harmony of the relationship. The last thing you want is to spend your life bickering about who gets custody of the children. (maybe this analogy has gone too far....)

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