Product Licensing 101: So Let’s Talk Money
Posted in: UncategorizedYou may have to wait six months to a year to get on the shelves after a buyer agrees to sell your product
So let’s talk money.
In the first article in this series about product licensing for industrial designers, I presented a vision of what is possible—positive, encouraging, optimistic but slightly cautionary. Here, I am interested in throwing out some numbers so that you can decide if licensing might make sense for you (or under what conditions it would).
It is important to understand that there is no “standard” contract across industries or even within a company. Everything is generally negotiable and there are many ways that compensation can pan out. The most common mode is for a company to compensate through royalties only, which helps mitigate their risk that the product may not sell well. It is also possible for the designer to receive up-front cash in addition to royalties, but often this is just an advance payment deducted from future royalties. But this is still good if you can get it, because there is no guarantee that there will be future royalties. Hence, companies usually only agree to advances if the amount is relatively small and/or if they are confident that the product will sell. Insisting on significant money up front is often a quick way to sour a deal.
OXO offers licensors both cash buyouts and royalty deals
Some companies prefer to buy the intellectual property outright in one lump sum—as with Ikea, for example. This is more of a gamble for the licensee, but saves the administrative hassle of calculating and cutting royalty checks, as well as the risk and cost of potential contract re-negotiation or disputes with the licensor (you). But with this risk comes the reward of saving all the royalties they would have paid out if the product proved particularly successful. Some companies like OXO consider both the royalty and cash-buyout options.
Companies can also offer an equity stake in the business that surrounds the product. This is much less common, however, and occurs usually when the designer brings more to the table than just a single new product idea (e.g. name cache, design services for a whole product line, expertise and connections, or even money). More established designers/consultancies do this, like Yves Behar’s fuseproject that has had at least 18 equity partners including, more recently, with Core77 Design Awards 2012 Notable for Consumer Products, Sabi.
Fuseproject’s recent joint venture, Sabi pill products
I am going to focus however on the most common approach—royalties-only. In doing so, I want to emphasize the need to understand the licensee’s position. Being in the mass-manufacturing business is tough! There are high start-up costs with tooling and initial inventory, increasing pressures from mass retailers (like having to take back product if it does not sell!), overhead costs of product development and sales teams, stiff global competition, changing regulations, expensive and lengthy certifications, insurance, etc.