QUESTION

What is a typical royalty percentage for a licensing agreement for stuffed toys?

Asked on Aug 29th, 2014 on Intellectual Property - Ohio
More details to this question:
I am entering into a licensing agreement with a large retailer to sell my stuffed animals. The agreement states I will receive 5% of the cost of production for each of my designs. Is this typical? I thought it would be 5% of the net revenue. What's the difference and is this a sound agreement?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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There is no typical figure. You try to get as much as you can negotiate based on market demand, uniqueness of the product, and your proprietary rights. 5% of cost will be materially less than 5% of net revenue. You could be talking about 40%-50% less in royalties than you were anticipating. That fact does not make this royalty amount wrong or bad, but if you have the ability to negotiate 5% of net revenue, then 5% of cost is underselling your position. There are times when something other than net revenue or net sales is appropriate for determining royalty percentage. When your product is only a portion of what is being sold (like licensing air bag technology for a car), it may be appropriate to fix the royalty to your contribution to the bundle rather than the cost of the bundle. That said, I prefer to negotiate a flat dollar amount (e.g., $0.50/unit). Having a royalty based on cost just further incentivizes construction of a cheaper product and you may not want to further that incentive with your product. None of these ideas are intended to provide an opinion of your situation, I don't have the facts to offer an informed opinion, but these are the issues that come to mind when I think about this type of situation. Good luck, Todd
Answered on Sep 09th, 2014 at 12:45 PM

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