A rolling stone gathers no moss is an old proverb, credited to Publilius Syrus, who in his Sententiae states, People who are always moving, with no roots in one place or another, avoid responsibilities and cares.
Chord Craft make a musician card (musical humor)
Free range chooks, sleeves “Getting burned” a phrase used to deny royalty payments.
Pacifism Palatalization : A slave by wit and talent won favor of her Teacher who freed and educated her of ‘SIL’ between two ‘Y’s a corrupt form as Tyslin
Before you leave don’t forget SHAH, to sign, Spectacle Cojones Wallet and Watch
A royalty is a payment made by one party, the licensee or franchisee to another that owns a particular asset, the licensor or franchisor for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.
A license agreement defines the terms under which a resource or property are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise agreements have comparable provisions.
Non-renewable resource royalties
A landowner with petroleum or mineral rights to their property may license to another party rights to extract those resources in exchange for a resource rent, or a royalty on the value of the resources sold. When a government owns the resource in question, the transaction is often subject to legal and regulatory requirements.
In the United States, fee simple ownership of the mineral is possible by a private individual, therefore payments of mineral royalties to private citizens occurs quite often. Local taxing authorities may impose a severance tax on the unrenewable natural resources extracted (or severed) from within their authority. The Federal Government receives royalties on production on federal lands, managed by the Bureau of Ocean Energy Management, Regulation and Enforcement, formerly the Minerals Management Service.
In this manner risks and profits are shared between the government (as resource owner) and the petroleum developer. This attractive royalty rate is intended to encourage oil and gas exploration in the remote frontier lands where costs and risks are higher than other locations.
Oil and Gas Royalties are paid as a set percentage on all revenue, less any deductions that may be taken by the well operator as specifically noted in the lease agreement between the well operator and the mineral right owner. The revenue decimal, or royalty interest that a mineral owner receives is calculated as a function of the percentage of the total drilling unit to which a specific owner holds the mineral interest, the royalty rate defined in that owner’s mineral lease, and any tract participation factors applied to the specific tracts owned.
As a standard example, for every $100 bbl of oil sold on a U.S. federal well with a 25% royalty, the U.S. government receives $25. The U.S. government does not pay and will only collect revenues. All risk and liability lie upon the operator of the well.
An intangible asset such as a patent gives the owner an exclusive right to prevent others from practicing the patented technology in the country issuing the patent for the term of the patent. The right may be enforced in a lawsuit for monetary damages and/or imprisonment for violation on the patent. In accordance with a patent license, royalties are paid to the patent owner in exchange for the right to practice one or more of the four basic patent rights: to manufacture with, to use, to sell, or to advertise for sale of a patented technology.
Patent rights may be divided and licensed out in various ways, on an exclusive or non-exclusive basis. The license may be subject to limitations as to time or territory. A license may encompass an entire technology or it may involve a mere component or improvement on a technology. In the United States, “reasonable” royalties may be imposed, both after-the-fact and prospectively, by a court as a remedy for infringement. In patent infringement lawsuits where the court determines an injunction to be inappropriate in light of the case’s circumstances, the court may award “ongoing” royalties, or royalties based on the infringer’s prospective use of the patented technology, as an alternative remedy. At least one study analyzing a sample of 35 cases in which a court awarded an ongoing royalty has found that ongoing royalty awards “exceed by a statistically significant amount the jury-determined reasonably royalty.
In the Arab World a percentage of sales may be difficult to transact; a flat fee may be preferred as percentages may be interpreted as percentage of profit.
Trade mark royalties
Trade marks are words, logos, slogans, sounds, or other distinctive expressions that distinguish the source, origin, or sponsorship of a good or service (in which they are generally known as service marks). Trade marks offer the public a means of identifying and assuring themselves of the quality of the good or service. They may bring consumers a sense of security, integrity, belonging, and a variety of intangible appeals. The value that inures to a trade mark in terms of public recognition and acceptance is known as goodwill.
A trade mark right is an exclusive right to sell or market under that mark within a geographic territory. The rights may be licensed to allow a company other than the owner to sell goods or services under the mark. A company may seek to license a trade mark it did not create in order to achieve instant name recognition rather than accepting the cost and risk of entering the market under its own brand that the public does not necessarily know or accept. Licensing a trade mark allows the company to take advantage of already-established goodwill and brand identification.
Like patent royalties, trade mark royalties may be assessed and divided in a variety of different ways, and are expressed as a percentage of sales volume or income, or a fixed fee per unit sold. When negotiating rates, one way companies value a trade mark is to assess the additional profit they will make from increased sales and higher prices (sometimes known as the “relief from royalty”) method.
Trade marks are often applied to an entire brand of products and not just a single one. Because trade mark law has as a public interest goal of the protection of a consumer, in terms of getting what they are paying for, trade mark licences are only effective if the company owning the trade mark also obtains some assurance in return that the goods will meet its quality standards. When the rights of trade mark are licensed along with a know-how, supplies, pooled advertising, etc., the result is often a franchise relationship. Franchise relationships may not specifically assign royalty payments to the trade mark licence, but may involve monthly fees and percentages of sales, among other payments.
While a payment to employ a trade mark licence is a royalty, it is accompanied by a “guided usage manual”, the use of which may be audited from time to time. However, this becomes a supervisory task when the mark is used in a franchise agreement for the sale of goods or services carrying the reputation of the mark. For a franchise, it is said, a fee is paid, even though it comprises a royalty element.
To be a franchise, the agreement must be a composite of the items:
the right to use a trade mark to offer, sell or distribute goods or services (the trademark element)
payment of a required royalty or fee (the fee element)
significant assistance or control with respect to the franchisee’s business (the supervisory element)
One of the above three items must not apply for the franchise agreement to be considered a trade mark agreement (and its laws and conventions). In a franchise, for which there is no convention, laws apply concerning training, brand support, operating systems/support and technical support in a written format (“Disclosure”).
Copyright law gives the owner the right to prevent others from copying, creating derivative works, or using their works. Copyrights, like patent rights, can be divided in many different ways, by the right implicated, by specific geographic or market territories, or by more specific criteria. Each may be the subject of a separate license and royalty arrangements.
Copyright royalties are often very specific to the nature of work and field of endeavor. With respect to music, royalties for performance rights in the United States are set by the Library of Congress’
Copyright Royalty Board. Performance rights to recordings of a performance are usually managed by one of several performance rights organizations. Payments from these organizations to performing artists are known as residuals and performance royalties. Royalty-free music provides more direct compensation to the artists.
Book authors may sell their copyright to the publisher. Alternatively, they might receive as a royalty a certain amount per book sold. It is common in the UK for example, for authors to receive a 10% royalty on book sales.
Some photographers and musicians may choose to publish their works for a one-time payment. This is known as a royalty-free license.
Book publishing royalties
All book-publishing royalties are paid by the publisher, who determines an author’s royalty rate, except in rare cases in which the author can demand high advances and royalties.
For most cases, the publishers advance an amount (part of the royalty) which can constitute the bulk of the author’s total income plus whatever little flows from the “running royalty” stream. Some costs may be attributed to the advance paid, which depletes further advances to be paid or from the running royalty paid. The author and the publisher can independently draw up the agreement that binds them or alongside an agent representing the author. There are many risks for the author—definition of cover price, the retail price, “net price”, the discounts on the sale, the bulk sales on the POD (publish on demand) platform, the term of the agreement, audit of the publishers accounts in case of impropriety, etc. which an agent can provide.
The following illustrates the income to an author on the basis chosen for royalty, particularly in POD, which minimizes losses from inventory and is based on computer technologies.
The publishing company pays no royalty on bulk purchases of books since the buying price may be a third of the cover price sold on a singles basis.
A musical composition obtains copyright protection as soon as it is written out or recorded. But it is not protected from infringed use unless it is registered with the copyright authority, for instance, the Copyright Office in the United States, which is administered by the Library of Congress. No person or entity, other than the copyright owner, can use or employ the music for gain without obtaining a license from the composer/songwriter.
Inherently, as copyright, it confers on its owner, a distinctive “bundle” of five exclusive rights:
(a) to make copies of the songs through print or recordings
(b) to distribute them to the public for profit
(c) to the “public performance right”; live or through a recording
(d) to create a derivative work to include elements of the original music; and
(e) to “display” it (not very relevant in context).
Where the score and the lyric of a composition are contributions of different persons, each of them is an equal owner of such rights.
These exclusivities have led to the evolution of distinct commercial terminology used in the music industry.
They take four forms:
(1) royalties from “print rights”
(2) mechanical royalties from the recording of composed music on CDs and tape
(3) performance royalties from the performance of the compositions/songs on stage or television through artists and bands, and
(4) synch (for synchronization) royalties from using or adapting the musical score in the movies, television advertisements, etc. and
With the advent of the internet, an additional set of royalties has come into play: the digital rights from simulcasting, webcasting, streaming, downloading, and online “on-demand service”.
In the following the terms “composer” and “songwriter” (either lyric or score) are synonymous.
All of the royalty does not occur to the writer. It is shared with the publisher on of book sales income on a 50:50 basis.
When a company (recording label) records the composed music, say, on a CD master, it obtains a distinctly separate copyright to the sound recording, with all the exclusivities that flow to such copyright. The main obligation of the recording label to the songwriter and her publisher is to pay the contracted royalties on the license received.
While the compulsory rates remain unaffected, recording companies in the U.S. typically will negotiate to pay not more than 75% of the compulsory rate where the songwriter is also the recording artist and will further (in the U.S.) extend that to a maximum of 10 songs, even though the marketed recording may carry more than that number. This ‘reduced rate’ results from the incorporation of a “controlled composition” clause in the licensing contract since the composer as recording artist is seen to control the content of the recording.
Mechanical royalties for music produced outside of the United States are negotiated – there being no compulsory licensing – and royalty payments to the composer and her publisher for recordings are based on the wholesale, retail, or “suggested retail value” of the marketed CDs.
Recording artists earn royalties only from the sale of CDs and tapes and, from sales arising from digital rights. Where the songwriter is also the recording artist, royalties from CD sales add to those from the recording contract.
In the U.S., the Harry Fox Agency, HFA, is the predominant licensor, collector and distributor for mechanical royalties, although there are several small competing organizations. For its operations, it charges about 6% as commission. Additional third party administrators such as RightsFlow provide services to license, account and pay mechanical royalties and are growing. RightsFlow is paid by the licensees (artists, labels, distributors, online music services) and in turn does not extract a commission from the mechanical royalties paid out.
Details From : Digitalinfolaw
Jessica Kane’s post From hypebot.com explains :It’s important to be aware of copyright and fair use laws to avoid being fined or taken to court.
As soon as anyone creates an original work, it’s protected under copyright. This includes art, music, writing, film, or any other medium. After a number of years, the work enters the public domain, where it can be used by anyone. Until then, the creator owns all the rights.Copyright laws were created to protect people’s creative works, and if someone copies, uses, or profits from someone else’s work without permission, they have committed copyright infringement. In some cases, however, people can use copyrighted works under the fair use doctrine.
Fair use allows for the unlicensed use of any work protected by copyright in certain circumstances. Section 107 of the Copyright Act explains the four factors that should be considered when classifying the use of a work as fair use.
All musical works are automatically protected under copyright as soon as they are created. Creators can choose register their songs with the Copyright Office, which will be helpful if they need to take someone to court for copyright infringement.
WORD FOR THE DAY
Cojones is a Spanish word, and a Bastardisation word in English, that can mean:
Testicles, Courage or boldness, as in the expression “tener cojones”, equivalent to the English idiom “having a lot of balls”
The drains must be sprayed in order to end the infestation for no amount of pest control will help stop little ones and some big ones from entering home.
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Reads and References :
The information has been used purely for learning and development purposes in hope to end the cockroach reign.
(CC) 2016 Tysilyn Fernandez