Royalties

Royalties are monetary sums paid to you as the licensor by a third party in exchange for the use of your IP. 

Royalties allow creators, innovators and other intellectual property owners to financially gain from their IP assets.

How much is paid is between the licensee and the licensor, along with other terms and conditions for use is dependent on what the licensee and the licensor have negotiated. Royalties are often paid for the use of music, imagery, literature, film and more. 

How Are Royalties Calculated? 

While some royalties can be paid as a fixed fee, they are more often calculated as percentages of revenues or sales of a protected product. 

The licensee typically agrees to pay a set percentage of either the gross or net revenue, or profit they earn as a result of using another’s IP.  Alternatively they may agree to pay a set amount for each licensed product sold. 

The exact percentage will be something that is determined through negotiation taking into account the value of the IP in question. The more exclusive the licence and unique the IP - the better royalty percentages that can be demanded. 

The Importance Of A Properly Prepared Royalty Agreement

Licensing your IP and receiving royalties does not indicate a transfer of ownership or loss of control over your IP. 

However, to ensure you are receiving a fair sum and your rights are not being compromised, it is vital to have a legally binding royalty agreement prepared by a qualified IP solicitor or attorney. 

This agreement needs to be fair for both you and the licensee and make allowances for changes in the value of the IP over time. 

An IP attorney can draft this agreement for you in careful consideration of all these factors.

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