At Rodriques Law, PLLC, we help creatives, rights holders, and businesses protect and monetize their intellectual property through strategic royalty agreements. Whether you are a songwriter, producer, author, designer, or content creator, understanding and enforcing your royalty rights is essential to securing long-term income and protecting your creative investments.
Royalties are payments made to a rights holder when their intellectual property (IP) is used or exploited. These payments are usually governed by licensing agreements or contracts and are often calculated as a percentage of revenue or a per-use fee. Common examples include:
New York City remains a global hub for music production, publishing, and performance. We assist artists and rights holders in navigating organizations like ASCAP, BMI, SESAC, and SoundExchange, and securing royalty streams from:
In the music industry, royalty structures are particularly complex. Songwriters typically earn mechanical royalties of 9.1 cents per reproduction for compositions under five minutes, while record labels may pay artists 15-25% of suggested retail price for physical sales but significantly less for streaming. For example, a platinum-selling artist might receive only $3,000-$5,000 from one million Spotify streams, highlighting why our music lawyers emphasize favorable digital distribution terms.
Performance royalties generate income whenever music is performed publicly—whether on radio, in venues, or through streaming services. When an independent artist’s song is played on commercial radio, organizations like ASCAP, BMI, or SESAC collect and distribute these earnings. Our licensing attorneys can help ensure you’re registered with the appropriate collection societies.
If you are a screenwriter, director, or independent producer, you may be entitled to residual payments or backend royalties from theatrical distribution, streaming, syndication, or other licensing deals. We draft and negotiate contracts to:
In film and television, royalty arrangements—often called residuals or participations—are complex and governed by contracts and union agreements. They provide ongoing compensation when content is reused or distributed beyond its original release. Our film and television royalties attorneys ensure clients receive their fair share of royalties.
Book authors typically receive advances against royalties, with standard print royalties ranging from 8-15% of retail price for hardcovers and 6-10% for paperbacks. Digital publishing has transformed this landscape, with e-book royalties often reaching 25% of net receipts. For authors negotiating with major publishers, our firm can help secure escalation clauses that increase royalty percentages when sales exceed specified thresholds.
In the technology sector, patent royalties often follow the 25% rule, where licensees pay approximately 25% of their expected profits from the patented technology. For software and app developers, app store commissions typically claim 15-30% of revenue, with subscription-based models involving complex revenue-sharing arrangements. Our technology attorneys have extensive experience structuring agreements that protect innovation while maximizing returns.
Visual artists can generate income through various licensing arrangements. Fine artists might receive 3-5% of retail sales on licensed reproductions, while commercial illustrators often negotiate flat fees with additional royalties for commercial success. When an artist’s work is incorporated into merchandise, royalty rates typically range from 5-15% of wholesale. We help visual creators retain creative control while securing fair compensation.
A well-drafted royalty agreement is only the beginning. We also assist clients with:
Every licensing or distribution deal should be evaluated for its royalty structure. We regularly negotiate:
Royalty agreements directly impact your financial future and the value of your intellectual property. Our firm brings a deep understanding of entertainment, business, and IP law to every royalty matter. We’ve advised:
If you need help negotiating, drafting, or enforcing a royalty agreement in New York, contact Rodriques Law today. We help protect what you’ve created—and ensure you’re paid every time it’s used.
