The naming of the books. A Memory of Light.

[DukeBob]

Actually the contract was for one book, 200K words.

At least 200K. There is a difference.

You are right, at least 200k. Wouldn't you agree that 800k(est) far exceeds the minimum requirement?

Brandon has already done way more than he was contracted to do.

He was contracted to finish it. He hasn't done that yet.

Referring to the AMOL split blog:

The contract stipulated that I was to provide a completed work which (including Mr. Jordan's written sections) was to be at least 200,000 words long.

Please explain how this contract was not met based on the limited information that we have been provided. He was to provide a completed work. Done, tGS. Granted we have no way to know if the original contract has been modified since then to account for the additional 2 "completed works." I would like to think that it has.

Actually his decision at this point was to do AMOL justice and let it grow as large as needed rather then try to condense it into one book. It was this decision that eventually required him to split it.

RJ didn't consider it being as large as it needed to be and not splitting it to be mutually exclusive.

Let me restate myself. Brandon was never required to split AMOL. However the size required to do RJ and WOT justice would have required it to be split either as separate books as is happening or as part 1, part 2, etc when it was published all at once.

[CUBAREY]

Please explain how this contract was not met based on the limited information that we have been provided. He was to provide a completed work. Done, tGS. Granted we have no way to know if the original contract has been modified since then to account for the additional 2 "completed works." I would like to think that it has.


When Sanderson first contracted to finish WOT with Harriet he revealed in his blog that the contract basicly mirrored a normal contract between an author and a publisher. The Normal book contract provides for an upfront advance on royalties. The normal royalty contract provides that the author will receive a certain percentage of the sale of every copy of the book. Thus, Sanderson was likely provided with an advance which goes against a percantage of every copy sold. Since it is very likely that the sales of the three seperate books now invisioned will likely triple the total amount of books sold there is no real need to revise the contract to take into account that there will be three seperate books instead of one.

[DukeBob]

When Sanderson first contracted to finish WOT with Harriet he revealed in his blog that the contract basicly mirrored a normal contract between an author and a publisher. The Normal book contract provides for an upfront advance on royalties. The normal royalty contract provides that the author will receive a certain percentage of the sale of every copy of the book. Thus, Sanderson was likely provided with an advance which goes against a percantage of every copy sold. Since it is very likely that the sales of the three seperate books now invisioned will likely triple the total amount of books sold there is no real need to revise the contract to take into account that there will be three seperate books instead of one.

While I am not familiar with this contract in particular, I know that if you hired me to build you a 2000 sqft house and I built it 8000 sqft instead, you would not be required to pay me for the additional space. Additionally if Brandon's contract with Tor only covers 1 WOT book, he was given an advance for one book against his future royalties of that one book. Anything that he provides outside of this contract (or another contract) will not fall under these terms. I am sure that this will not be an issue as Brandon's agent will be looking out for his best interest and Tor will not want to create bad blood with a great author. This was not the point I was trying to make.

[Jonn]

The Normal book contract provides for an upfront advance on royalties. The normal royalty contract provides that the author will receive a certain percentage of the sale of every copy of the book. Thus, Sanderson was likely provided with an advance which goes against a percantage of every copy sold. Since it is very likely that the sales of the three seperate books now invisioned will likely triple the total amount of books sold there is no real need to revise the contract to take into account that there will be three seperate books instead of one.

You're talking about royalties but aren't taking into account labor and services, or are you?

Sanderson entered the contract with the understanding that he would be required to produce the material for one book. He would also be on hand to promote it, do book tours, be associated with the release, etc. Payment would be compensation for the time and labor that went into the completion of the project.

I think you could make the point the expansion of the work schedule he has undertaken, the sheer amount of time he will be devoting to this project, not to mention the promotional duties he has as the co-author, requires at least some...elaboration, if not clarification on the points of the contract.

It bears mentioning, is what I mean.

I know that if you hired me to build you a 2000 sqft house and I built it 8000 sqft instead, you would not be required to pay me for the additional space.

It could also be argued that if you added, or embellished on what you were originally contracted to do, you would be the one who was in breach if there were a complaint that you did more than what was required. Moot really...

Yes, but if the contract was for 2000sqft, and in the middle of you finishing 1800sqft, there is a new request for 8000 instead, multiplying your workload, you would require fair compensation as you did not act independently to add the additional plans for space.

Would you not?

[CUBAREY]

You're talking about royalties but aren't taking into account labor and services, or are you?

Sanderson entered the contract with the understanding that he would be required to produce the material for one book. He would also be on hand to promote it, do book tours, be associated with the release, etc. Payment would be compensation for the time and labor that went into the completion of the project.

I think you could make the point the expansion of the work schedule he has undertaken, the sheer amount of time he will be devoting to this project, not to mention the promotional duties he has as the co-author, requires at least some...elaboration, if not clarification on the points of the contract.

It bears mentioning, is what I mean.



Let's look at this way. The numbers I am using are just for convenience and have nothing to do with the actual numbers in Sanderson's contract. Let's say His contract with Harriet provided that he got a $50,000.00 advance on royalties, and that he would have been entitled to $1 per copy of AMOl sold. Let's assume they predicted total sales of 250,000. He would have then expected to have made the $50.000.00 sdvance plus another $200,000.00 ($1 x 250,000 total books - the $50,000.00 advance). Now presume that the three novels will each sell 250,000 copies. 250,000 times three books is $750,000.00. Thus Sanderson would be compensated for extra time and work he is doing.

Now, I have absolutely no information on what the actual numbers in the contract are so my calculations are only there to show that the splitting of AMOL likely does not mean that Sanderson is effectively writing three books for the price of one. Moreover, I am quite sure that the lawyers of the principles (Sanderson and harriet) agreed to tweak the original contract, but I do not think it would have had to have been drasticly altered.

I know that if you hired me to build you a 2000 sqft house and I built it 8000 sqft instead, you would not be required to pay me for the additional space.


Actually the builder would go after you not under the contract but under the doctrine of "unjust enrichment". As long as he could prove that the 8000 square foot house did not injure your interests he probably could get a recovery of the difference between what the contract price was and the cost of building an 8000 square foot house.

[Jonn]

You're talking about royalties but aren't taking into account labor and services, or are you?

Sanderson entered the contract with the understanding that he would be required to produce the material for one book. He would also be on hand to promote it, do book tours, be associated with the release, etc. Payment would be compensation for the time and labor that went into the completion of the project.

I think you could make the point the expansion of the work schedule he has undertaken, the sheer amount of time he will be devoting to this project, not to mention the promotional duties he has as the co-author, requires at least some...elaboration, if not clarification on the points of the contract.

It bears mentioning, is what I mean.



Let's look at this way. The numbers I am using are just for convenience and have nothing to do with the actual numbers in Sanderson's contract. Let's say His contract with Harriet provided that he got a $50,000.00 advance on royalties, and that he would have been entitled to $1 per copy of AMOl sold. Let's assume they predicted total sales of 250,000. He would have then expected to have made the $50.000.00 sdvance plus another $200,000.00 ($1 x 250,000 total books - the $50,000.00 advance). Now presume that the three novels will each sell 250,000 copies. 250,000 times three books is $750,000.00. Thus Sanderson would be compensated for extra time and work he is doing.

Now, I have absolutely no information on what the actual numbers in the contract are so my calculations are only there to show that the splitting of AMOL likely does not mean that Sanderson is effectively writing three books for the price of one. Moreover, I am quite sure that the lawyers of the principles (Sanderson and harriet) agreed to tweak the original contract, but I do not think it would have had to have been drasticly altered.

Hmm, I see what you are saying. You must agree though that the contract should be altered to specify the particulars of the variances in workload. Yes? (Guh, why am I suddenly from Tarabon    )

What I'm saying is that he (Sanderson) had a specific understanding in the beginning of what his workload would be and the time line he would be under. He then would calculate what kind of promotional schedule he would be doing. Factor in other projects, other obligations he is working on. All this has to come to an agreement before he proceeds. As you say, the terms are set initially for what work he is expected to do over what period of time.
OK.
Let's try another analogy:
 Say I'm a painter and I get contracted to paint one room in a house. One room, one color, single man job, supplies and labor. The rates are set for that one room. I don't know but I figure it's a two day job judging by the room size. In any case, I get started and do the first day's work asap.
Next day, boss comes up to me and says that it turns out that wife wants the rooms of the entire floor painted. Can you handle the workload? Hmm...give me enough time and the materials of course, I can do the job at the adjusted rate, but hey...you know some of these rooms are bigger, some smaller, and the wife wants trim in this room, and a different color mixed for two of the other rooms. Hmm...does my original contract apply? Yes and no, I guess. We'll use similar guidelines to RENEGOTIATE the ADDITIONAL work. We keep it like it is to avoid complication and keep it simple, right?

OR

Do I have to make the adjustments for the bigger workload, the alterations and the changing dimensions? What kind of time do I have? Do I have other projects I have signed on to? I'm due next week to do his neighbor's foyer...I'm going to need more resources, time and of course, compensation. I can take that into consideration.

So while I get what you're trying to say in the coldest machine logical sense, we all know that things like this are not always cookie cut and dry.

That's why things need to be ironed out and negotiated as they go along, and probably should have been accounted for before the job began to keep any transitions that are needed, square. Should there be any discrepancies, we can go to the DOCUMENTATION of the contract as a reference and then establish what needs to be done to make sure everything is handled square and fair for both sides.

[water_seeker]

Mr Ares:

http://www.brandonsanderson.com/article/56/Splitting-AMOL

                  
*puts on shin gaurds*

[Mr Ares]

You are right

Did anyone doubt it?

Brandon has already done way more than he was contracted to do.

He was contracted to finish it. He hasn't done that yet.

Referring to the AMOL split blog:

The contract stipulated that I was to provide a completed work which (including Mr. Jordan's written sections) was to be at least 200,000 words long.

Please explain how this contract was not met based on the limited information that we have been provided. He was to provide a completed work.

He hasn't finished the series yet. He was contracted to do that.

Let me restate myself.

No.

Brandon was never required to split AMOL.

Yes, he was.

However the size required to do RJ and WOT justice would have required it to be split either as separate books as is happening or as part 1, part 2, etc when it was published all at once.

No. Option three: one big book.

Mr Ares:

http://www.brandonsanderson.com/article/56/Splitting-AMOL

                 
*puts on shin gaurds*

*Takes water_seeker's leg*

*Rips out his shin bone*

*Breaks it in half*

*Stabs him to death with it*

[CUBAREY]

QUOTE FROM JONN:

Hmm, I see what you are saying. You must agree though that the contract should be altered to specify the particulars of the variances in workload. Yes? (Guh, why am I suddenly from Tarabon    )

What I'm saying is that he (Sanderson) had a specific understanding in the beginning of what his workload would be and the time line he would be under. He then would calculate what kind of promotional schedule he would be doing. Factor in other projects, other obligations he is working on. All this has to come to an agreement before he proceeds. As you say, the terms are set initially for what work he is expected to do over what period of time.


I agree that is why I said that the lawyers for the principles had probably already "tweaked" the wording of the contract. It seems to be that the fee arrangement would stay pretty much in tact but the timing and length of the books would be addressed. Basicly, I agree with you, some issues would have had to be addressed but from how the parties have reacted those did not seem to be a major problem.