Legal Question in Intellectual Property in New York

Royalty percentage

When signing a licensing agreement and you received royalties, do you receive a percentage of the product being sold from the wholesale price or retail price.


Asked on 7/24/08, 3:05 pm

2 Answers from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Royalty percentage

Your contract should specify the basis upon which royalties are computed. In a DVD deal, it's generally wholesale. Print publication royalties are usually based on a net computation. Record royalties are usually wholesale but some kinds of sales (e.g., digitial download) may be on a mor direct basis. If, however, you're dealing with a direct to consumer deal, the royalty is based on sale price. Based on your question, you should seriously consider having an experienced entertainment attorney look at your agreement as there are other provisions (such as accounting) that are essential.

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Answered on 7/24/08, 3:19 pm
Nancy Delain Delain Law Office, PLLC

Re: Royalty percentage

Mr. Mark's answer is quite correct.

I'll add that, as a former publisher, I cannot stress enough that you should have an attorney look at the contract -- BEFORE you sign it.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/24/08, 11:46 pm


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