Legal Question in Intellectual Property in Texas

Re: Industry Standard Contract Terms for Licensing Someone to Commercially Marke

There is no standard industry term. Rates vary significantly depending on the fame of the author and the trademarks involved and the amount of modification the licensee needs to make and the amount of marketing effort they will need to put in and the amount of financing they will have to supply.

You did not mention any trademark (brand name) involved. You did not mention any patent on your software. It is apparent you need to consult with an IP attorney before going much further with this.

It sounds like you are embarking on a big enough venture that using standard contracts would be penny wise and pound foolish. It also sounds like you need more protection on your manual than you apparently already have. We can help you or refer you to a competent Texas IP lawyer.

Bottom line...don't try to cut corners on the legal aspects. You need to have this done right, or you are likely to end up with little profit.

Re: Industry Standard Contract Terms for Licensing Someone to Commercially Marke

Standard Contracts for this type of a venture will only do you more harm than good. You need to speak with a good Intellectual Property Attorney who can help you. The expense of money up front is always better than paying for litigation on the backside since litigation is always more expensive and the result is more uncertain.

Royalties can run all over the place, but in a situation such as yours it can be 5-20% of the gross sales volume. A good attorney can help you with these aspects as well.

There also may be other considerations which you may not have addressed which could become burdensome in the future, such as whether this should be a joint venture or a licensing situation. There are many competent patent/IP Attorneys in Texas. The Texas Bar Association or a local city bar such as the Dallas Bar can offer you names of local attorneys.

Good Luck!!