News & Analysis as of

Royalties

Not-So-Golden Oldies - Florida’s Top Court Denies Turtles' pre-1972 Copyright Claim

In a unanimous October 26, 2017, decision, the Supreme Court of Florida concluded that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. Thus, members of the band,...more

Trespass But no Damages in a Texas Case

by Gray Reed & McGraw on

What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

Florida Now Follows New York to Find No Common Law Public Performance Right For Pre-1972 Sound Recordings

A few months ago, we brought to your attention a case initiated by The Turtles, seeking royalties in New York for the unauthorized performance of their pre-1972 sound recordings. In that decision, the Court of Appeals of New...more

How John Steinbeck’s Estate Planning Missteps Led to Family Feud and $13 Million Jury Award

When celebrated author John Steinbeck died in the late 1960s, he left a considerable literary legacy that included the classic American novels The Grapes of Wrath, East of Eden, and the novella Of Mice and Men. He also...more

Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery

by Dorsey & Whitney LLP on

24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infringement damages has been settled in bankruptcy court. The...more

Expanded Panel Ratifies Post-Petition Disclaimer As Legitimate CBM Eligibility Strategy

by Jones Day on

An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction. In deciding petitioner’s Institution Decision Rehearing Request in Facebook,...more

Frac Sand: U.S. District Court Addresses Whether Quarry Operation Commenced Within the Terms of the Mining Lease

A United States District Court addressed in an August 15th opinion a dispute between parties to a mining lease involving frac sand. See Pronschinske Trust v. Kaw Valley Companies, Inc.and KC Proppants, LLC, 2017 WL 3498712...more

Virginia Supreme Court Rules on Subject-to-Tax Safe Harbor to the Royalty Addback

by Morrison & Foerster LLP on

In a 4-3 decision, the Virginia Supreme Court held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition,...more

Oil And Gas Update For Week Ending 9/1/2017 – Hurricane Harvey Drives Oil, Nat Gas Prices Up And Down; PADEP Releases 2015 Methane...

by Cozen O'Connor on

After a brief hiatus we are back at the well. Since our last report in early August, Hurricane Harvey ravaged southeastern Texas, affecting oil, natural gas, and gasoline prices all over the country. In Appalachia, the PADEP...more

Virginia Supreme Court Limits Corporate Income Tax Addback Exception

On August 31, 2017, the Virginia Supreme Court issued its opinion holding that only the portion of royalties that are actually taxed by another state falls within its “subject to tax” exception to Virginia’s addback statute...more

A New Day for Louisiana Oil and Gas Lenders?

by Gray Reed & McGraw on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Uptick in University Enforcement of Intellectual Property an Indication of Stricter Enforcement Policy or a Passing Trend?

by Miles & Stockbridge P.C. on

Universities have traditionally been reluctant to enforce their intellectual property (IP) against third parties. There are many reasons for this position, including adverse publicity associated with such suits, the time...more

Bringing Back the Oldies – Legislation for Equal Treatment in the Music Industry

by Dorsey & Whitney LLP on

On July 19, 2017, the CLASSICS Act (H.R. 3301 – Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act) was introduced into the House, the purpose of which is to provide copyright...more

Does Texas Have a New “Rule” in Conveyancing?

by Gray Reed & McGraw on

Subject-to, reservations-from, and exceptions-to problems have been lurking in the shadows of Texas jurisprudence for a while now, and the courts have been all over the map in recent holdings....more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

by Strasburger & Price, LLP on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part I)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

University's Infringing Reproductions Fall Short of Fair Dealing

by Bennett Jones LLP on

The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid...more

DMCA Grandfather Clause Does Not Extend to Acquired Business

by McDermott Will & Emery on

Addressing the Digital Millennium Copyright Act (DMCA) grandfather clause that allows “pre-existing subscription services” to pay the pre-1998 reduced royalty rate for digital music licensing, the US Court of Appeals for the...more

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos.

by King & Spalding on

Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas leases with individual mineral interest owners. Over the last decade or more, pure-play mineral and royalty...more

West Virginia Confirms its Adherence to the Contract Theory for Pooling of Non-Participating Royalty Interests

by K&L Gates LLP on

Recently, the Supreme Court of Appeals of West Virginia clarified an important issue for the oil and gas industry in Gastar Exploration, Inc. v. Contraguerro, affirming West Virginia’s adherence to the contract theory of...more

Using An Old Hammer in a New Context: ONRR and DOJ Adopt Aggressive False Claims Act Strategy for Royalty Underpayments

by Beveridge & Diamond PC on

The government is dramatically shifting its strategy for pursuing alleged underpayments of royalties owed on production from federal and Indian mineral leases. For decades, the Department of the Interior (“DOI”)’s Office of...more

Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code...

by Liskow & Lewis on

On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities...more

Spotify settles mechanical rights spat for $43.5M

Spotify will pay up to $43.5 million to end a lawsuit filed by a class of song owners who claimed the music streaming giant failed to pay the mechanical rights for songs offered through its service....more

German tax treatment of royalties regarding software license and database licenses – Draft guidance of German Federal Ministry of...

by Hogan Lovells on

Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors....more

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