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.
2 Answers from Attorneys
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.
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.
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