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Uture royalties on a syndicated cartoon panel, product

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Uture royalties on a...

Uture royalties on a syndicated cartoon panel, product licensing, and children's books series in a divorce.I am structuring a divorce settlement. I have been the creators business manager for the cartoons since it’s creation in 1987 and married him in 1991. I plan on continuing as the creator's business partner but want to know my rights if I walk away. I understand that I am entitled to 50% of his copyright and trademark income from the time we were married and in my state of MA between 30-35% of his gross income. Since his income is not generated from a salary, I have some specific questions as it relates to future income from copyrighted and trademarked works.A. For his cartoons that are syndicated in newspapers, he is paid a royalty base on accounts/sales. He is considered an independent contractor and we get monthly royalty reports. His current contract is for 5 years and after the 5 years the contract will continue unless requested to discontinue. The cartoon feature is trademarked in newspapers, greeting cards, etc.1. Is A a royalty payment (it says it on the monthly statements) and not considered his income?2. Will I still be entitled to the 50% royalty payments (not alimony) for any new cartoons created under the trademarked cartoon feature after the divorce is final. (Yes, I understand that this could be covered under alimony at the 30-35% of income but it works out better financially if I get paid based on royalties.B. My husband has also created a children’s book series with a major publishing company. I have also trademarked this book series title.1. I am assuming that I can also collect royalties vs alimony on this income. Is this correct?2. If the publisher decides to add additional books (we have 1 published and 2 more finished and will be published), after we are divorced am I still entitled to the 50% royalty payments on any new books created in the series?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

MA

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

Yes but they would not understand intellectual property law. I

Submitted: 8 months ago.Category: Legal
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11/10/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks for your patience. Let me answer your questions one by one:

1. Yes, a royalty is income.

2. If the trademark is marital property and he would be receiving royalties (income) from that property, then a court can trace those royalties as marital property and you'd still be entitled to it.

What other questions did you have for me?

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