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One of my intellectual property law professors, with fifty years experience in just about every kind of I.P. licensing scenario possible, all over the world, re
by bfe 15y ago
One of my intellectual property law professors, with fifty years experience in just about every kind of I.P. licensing scenario possible, all over the world, recommended it's almost always best in an I.P. license to ask for a flat fee first, and a small percentage of gross revenue with a short, hard reckoning date second. The more bargaining power you have, the higher you should bump up your position for upfront flat fee first and percentage of gross revenue second. Agreeing to a percentage of "net profits" is almost always a commitment to sue the other party down the road or get nothing. Whatever I've learned since then has left his recommendation intact.
- bfe 15y agoJust to add, there are a million different possible situations, and "almost always" is a big exaggeration here, and I don't know anything about the particular case in the post. But the point remains; there is often virtue in simplicity.