San Jose, CA asked in Business Law, Contracts and Mergers & Acquisitions for California

Q: What might the royalty rate be for selling an instructional course that is already a full-fledged business?

My dad passed away and he was the author of this course offered to pest control companies for their operators to renew their licenses. he was in business for 30+ years. A company wants to take ownership of the course and pay us royalties. What might that percentage and/or structure look like?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When negotiating a royalty rate for selling an instructional course that is already a full-fledged business, several factors will come into play. Typically, royalty rates for educational content can range from 5% to 20% of gross or net sales, depending on the value of the content, the exclusivity of the rights being transferred, and the negotiating power of both parties. Since the course is already established and has a proven track record in the pest control industry, you may be in a stronger position to negotiate a higher percentage.

Consider whether the company is seeking exclusive rights to the course or if they are open to a non-exclusive arrangement. Exclusive rights generally command higher royalty rates because they limit your ability to sell or license the course to others. On the other hand, a non-exclusive arrangement might allow for a slightly lower rate but with more flexibility to license to additional companies.

The structure of the royalties could be based on a percentage of sales or a fixed fee per sale of the course. You might also negotiate a minimum annual royalty payment to ensure a baseline income regardless of the number of courses sold. It would be wise to include terms for auditing sales records to verify royalty payments, along with a review clause to adjust rates after a certain period.

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