Free Ed McBain_Matthew Hope 12 by Gladly the Cross-Eyed Bear Page B

instead of Toyland coming out in competition with whoever decides to manufacture
her
bear—Ideal or Mattel, either one, he has ears all over the trade, and he knows there’s keen interest at each company…
    “Which I think is wonderful for you, Lainie, you’re so talented, and it’s time you were rewarded for the hard years of apprenticeship
     you’ve put in…”
    Which appraisal she doesn’t quite accept since she’s had half a dozen toys already produced and
marketed,
for Christ’s sake, and that ain’t no
apprenticeship,
thank you. But she says nothing, just listens for now, sipping at her Perrier, watching him across the table as he pours
     more Scotch over the ice in his glass.
    He tells her that he recognizes a bidding situation might very well develop between Ideal and Mattel, which is why he’s willing
     now to make a preemptive offer that he hopes she’ll consider satisfactory. What he’s suggesting…
    She leans forward expectantly. In periods of stress, the eye seems to wander mercilessly. She can feel the tug of the muscle
     shortened twice by surgery. The eye is losing the battle yet another time.
    “Here’s what we want to do, Lainie. Toyland is willing to manufacture your bear, using your copyrighted design and your trademarked
     name…”
    She recognizes this as a victory.
    “…and compensating you by way of a substantial advance against generous royalties…”
    “How substantial? How generous?”
    “To be mutually agreed upon, Lainie. I promise you, no one’s trying to take advantage of you here.”
    “You’ll call the bear Gladly?”
    “Just as you have it.”
    “My design? For the bear
and
the eyeglasses?”
    “Exactly to your specifications.”
    “What’s the catch?”
    “No catch. I just don’t want to have to go through this whole damn mess, Lainie.”
    Which means he believes Santos will decide against him.
    “So if you think what I’m suggesting is something doable,” he says, “maybe you can have Matthew call my attorney…”
    She notices that he does not refer to him familiarly as “Sidney,” he is now merely “my attorney,” perhaps because he’s concluded
     the infringement case is already lost…
    “…so they can work out the advance and the royalties, and prepare transfers of copyright and trademark. How does that sound?”
    “Transfers?”
    “Yes. Toyland would want an outright assignment of all rights to the bear and its name.”
    “Outright?”
    “Which, I’m sure, any other company would insist on.”
    “An outright assignment of all rights?”
    “Forever,” Brett says.
    “Forever,” she repeats.
    “Yes. Well, Lainie, I’m sure this doesn’t come as a surprise to you. If we’re to try making a success of the bear, we’d have
     to be certain beforehand that we have the irrevocable right to manufacture it for the life of the copyright.”
    “I was thinking more in terms of a licensing agreement.”
    “A transfer, an assignment, a license, all the same thing.”
    “I don’t think so.”
    “I’m sure neither Ideal nor Mattel would sign a limited licensing agreement.”
    “It sounds to me as if they might.”
    She is lying. The feelers from both companies have been tentative pending resolution of the copyright problem.
    “Well, perhaps so, who knows, stranger things have happened. But we’re willing to go a long way on royalties, Lainie, and
     on subsidiary rights to…”
    “What do you mean, a long way?”
    “Escalation clauses should the bear really take off. Bonuses premised on performance. A huge share of subsidiary rights…”
    “Like what?”
    “Who knows? A television show? A movie? Whatever. The percentages would be heavily loaded in your favor.”
    “What sort of control would I have, Brett?”
    “We would guarantee the quality of the product.”
    “But what
control
would I have?”
    “I think you know what the Toyland logo stands for. Besides, your compensation would ensure optimum performance on our