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79-484: The Khronos Group, Inc. is an open , non-profit , member-driven consortium of 170 organizations developing, publishing and maintaining royalty-free interoperability standards for 3D graphics , virtual reality , augmented reality , parallel computation , vision acceleration and machine learning . The open standards and associated conformance tests enable software applications and middleware to effectively harness authoring and accelerated playback of dynamic media across

158-583: 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. An example from Canada's northern territories is the federal Frontier Lands Petroleum Royalty Regulations. The royalty rate starts at 1% of gross revenues of

237-457: A "free software and open standards law." The decree includes the requirement that the Venezuelan public sector must use free software based on open standards, and includes a definition of open standard: Royalty fee A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as

316-405: 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. 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

395-433: A 16-year period an average royalty rate of 7% with a range from 0% to 50%. All of these agreements may not have been at "arms length". In license negotiation, firms might derive royalties for the use of a patented technology from the retail price of the downstream licensed product. In Muslim (Arab) countries, a royalty as a percentage of sales may not be appropriate, because of the prohibition of usury (see riba ), and

474-476: A Khronos API standard must pass conformance tests. An API Adopter Program enables companies to test their products for conformance. Membership in Khronos Group provides access to an IP framework designed to protect participant IP. Khronos members agree not to assert IP rights against adopters implementing Khronos specifications. The IP framework protects Khronos members from exposure to patent lawsuits and reduces

553-490: 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. Royalties in the lumber industry are called " stumpage ". Landowners who host wind turbines are often paid wind royalties, and those nearby may be paid nuisance payments to compensate for noise and flicker effects. Wind royalties are usually paid quarterly, semi-annually, or annually, and

632-577: A case by case right (under clause 22/23 of the Act) to refuse consent to the usage of the right by the appointed collection society and/or make their own collection arrangements. Details of the Australian scheme can be gotten from the website of the sole appointed Australian agency; The "Copyright Agency Limited". The UK scheme is in the context of common-law countries an oddity; No other common-law country has mandated an individual economic right where actual usage of

711-657: A common patent policy under the banner of the WSC . However, the ITU-T definition should not necessarily be considered also applicable in ITU-R, ISO and IEC contexts, since the Common Patent Policy does not make any reference to "open standards" but rather only to "standards." In section 7 of its RFC 2026, the IETF classifies specifications that have been developed in a manner similar to that of

790-408: A court as a remedy for patent 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. In the old days, US courts often used so-called "entire market rule" or "25% of

869-402: A data format which is made public, is thoroughly documented and neutral with regard to the technological tools needed to peruse the same data. The E-Government Interoperability Framework (e-GIF) defines open standard as royalty-free according to the following text: While a universally agreed definition of "open standards" is unlikely to be resolved in the near future, the e-GIF accepts that

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948-601: A definition of "open standards" needs to recognise a continuum that ranges from closed to open, and encompasses varying degrees of "openness." To guide readers in this respect, the e-GIF endorses "open standards" that exhibit the following properties: The e-GIF performs the same function in e-government as the Road Code does on the highways. Driving would be excessively costly, inefficient, and ineffective if road rules had to be agreed each time one vehicle encountered another. The Portuguese Open Standards Law, adopted in 2011, demands

1027-528: A definition of open standards, which also is used in pan-European software development projects. It states: The French Parliament approved a definition of "open standard" in its "Law for Confidence in the Digital Economy." The definition is (Article 4): A clear royalty-free stance and far reaching requirements case is the one for India's Government 4.1 Mandatory Characteristics An Identified Standard will qualify as an "Open Standard", if it meets

1106-437: 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 mark rights and royalties are often tied up in a variety of other arrangements. Trade marks are often applied to an entire brand of products and not just a single one. Because trade mark law has as

1185-437: A flat fee may be preferred instead. 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

1264-410: A franchise, the agreement must be a composite of the items: 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

1343-584: A full, irrevocable and irreversible way to the Portuguese State; e) There are no restrictions to its implementation. A Law passed by the Spanish Parliament requires that all electronic services provided by the Spanish public administration must be based on open standards. It defines an open standard as royalty-free, according to the following definition (ANEXO Definiciones k): An open standard fulfills

1422-448: 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. A landowner with petroleum or mineral rights to their property may license those rights to another party. In exchange for allowing

1501-464: A patented method. 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

1580-408: 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

1659-427: 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

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1738-485: 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

1817-524: A result, rather than paying royalties based on a percentage of a book's cover price, publishers preferred to pay royalties based on their net receipts. According to The Writers' and Artists' Yearbook of 1984, under the new arrangement, "appropriate [upward] adjustments are of course made to the royalty figure and the arrangement is of no disadvantage to the author." Despite this assurance, in 1991, Frederick Nolan , author and former publishing executive, explained that "net receipts" royalties are often more in

1896-588: A set of principles which have contributed to the exponential growth of the Internet and related technologies. The "OpenStand Principles" define open standards and establish the building blocks for innovation. Standards developed using the OpenStand principles are developed through an open, participatory process, support interoperability, foster global competition, are voluntarily adopted on a global level and serve as building blocks for products and services targeted to meet

1975-470: A strong linkage to individuals – composers (score), songwriters (lyrics) and writers of musical plays – in that they can own the exclusive copyright to created music and can license it for performance independent of corporates. Recording companies and the performing artists that create a "sound recording" of the music enjoy a separate set of copyrights and royalties from the sale of recordings and from their digital transmission (depending on national laws). With

2054-476: 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 to achieve instant name recognition rather than accepting

2133-487: A wide variety of platforms and devices. The group is based in Beaverton, Oregon . The Khronos Group was founded in 2000 by companies including 3Dlabs , ATI , Discreet , Evans & Sutherland , Intel , SGI , and Sun Microsystems . Promoter members include AMD , Apple , Arm , Epic Games , Google , Huawei , Nokia , Imagination , Intel , NVIDIA , Qualcomm , Samsung , Sony , Valve and Verisilicon. Its president

2212-494: Is Neil Trevett . Typically, Khronos first creates an exploratory group to gauge industry interest before creating a working group, which companies can join as members to assist in the development of the standard. Each specification / standard is managed by a working group which is established to define the requirements, solicit input, discuss, and create a specification. There are currently 16 working groups. A timeline of API Specification ratification and releases can be found on

2291-464: Is based on computer technologies. (200 pp Book) Hardback royalties on the published price of trade books usually range from 10% to 12.5%, with 15% for more important authors. On paperback it is usually 7.5% to 10%, going up to 12.5% only in exceptional cases. All the royalties displayed below are on the "cover price". Paying 15% to the author can mean that the other 85% of the cost pays for editing and proof-reading , printing and binding, overheads, and

2370-688: Is determined by the market. The ITU-T is a standards development organization (SDO) that is one of the three sectors of the International Telecommunication Union (a specialized agency of the United Nations ). The ITU-T has a Telecommunication Standardization Bureau director's Ad Hoc group on IPR that produced the following definition in March 2005, which the ITU-T as a whole has endorsed for its purposes since November 2005: The ITU-T , ITU-R , ISO , and IEC have harmonized on

2449-485: Is essentially selling books to itself, at discounted rates, upon which it then calculates the author's royalty, and then Harper Collins shares in the extra profit when the book is resold to the consumer by the foreign affiliates, without paying the author any further royalty.") This forced a "class action" readjustment for thousands of authors contracted by HarperCollins between November 1993 and June 1999. Unlike other forms of intellectual property , music royalties have

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2528-557: Is here meant in the sense of fulfilling the following requirements: The Network Centric Operations Industry Consortium (NCOIC) defines open standard as the following: Specifications for hardware and/or software that are publicly available implying that multiple vendors can compete directly based on the features and performance of their products. It also implies that the existing open system can be removed and replaced with that of another vendor with minimal effort and without major interruption. The Danish government has attempted to make

2607-423: Is made of the "royalties"; Half of the money collected is redistributed to fund public programs. The New Zealand and Canadian governments have not proceeded with any sort of artist resale scheme. The Australian scheme does not apply to the first resale of artworks purchased prior to the schemes enactment( June 2010) and individual usage of the right (by Australian artists) is not compulsory. In Australia artists have

2686-551: Is one reason why publishers prefer "net receipts" contracts....Among the many other advantages (to the publisher) of such contracts is the fact that they make possible what is called a 'sheet deal'. In this, the (multinational) publisher of that same 10,000 copy print run, can substantially reduce his printing cost by 'running on' a further 10,000 copies (that is to say, printing but not binding them), and then further profit by selling these 'sheets' at cost-price or even lower if he so chooses to subsidiaries or overseas branches, then paying

2765-595: Is restricted to Europe, Australia and the American state of California. For example, in May 2011 the European commissions ec.europa webpage on Resale royalty stated that, under the heading 'Indicative list of third countries (Article 7.2)'  : 'A letter was sent to Member States on 1 March 2006 requesting that they provide a list of third countries which meet these requirements and that they also provide evidence of application. To date

2844-501: Is then published in the form of RFC 6852 in January 2013. The European Union defined the term for use within its European Interoperability Framework for Pan-European eGovernment Services, Version 1.0 although it does not claim to be a universal definition for all European Union use and documentation. To reach interoperability in the context of pan-European eGovernment services, guidance needs to focus on open standards. The word "open"

2923-743: The GSM phones (adopted as a government standard), Open Group which promotes UNIX , and the Internet Engineering Task Force (IETF) which created the first standards of SMTP and TCP/IP. Buyers tend to prefer open standards which they believe offer them cheaper products and more choice for access due to network effects and increased competition between vendors. Open standards which specify formats are sometimes referred to as open formats . Many specifications that are sometimes referred to as standards are proprietary, and only available (if they can be obtained at all) under restrictive contract terms from

3002-584: The New Zealand , South African and the Venezuelan governments. On the standard organisation side, the World Wide Web Consortium (W3C) ensures that its specifications can be implemented on a royalty-free basis. Many definitions of the term standard permit patent holders to impose " reasonable and non-discriminatory licensing" royalty fees and other licensing terms on implementers or users of

3081-544: The Recording Artists' Coalition to repeal supposedly "technical revisions" to American copyright statutes which would have classified all "sound recordings" as "works for hire", effectively assigning artists' copyrights to record labels. 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

3160-593: The "Simplified BSD License" as stated in the IETF Trust Legal Provisions and Copyright FAQ based on RFC 5377. In August 2012, the IETF combined with the W3C and IEEE to launch OpenStand and to publish The Modern Paradigm for Standards. This captures "the effective and efficient standardization processes that have made the Internet and Web the premiere platforms for innovation and borderless commerce". The declaration

3239-495: The IETF and ITU-T explicitly refer to their standards as "open standards", while the others refer only to producing "standards". The IETF and ITU-T use definitions of "open standard" that allow "reasonable and non-discriminatory" patent licensing fee requirements. There are those in the open-source software community who hold that an "open standard" is only open if it can be freely adopted, implemented and extended. While open standards or architectures are considered non-proprietary in

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3318-518: The IETF itself as being "open standards," and lists the standards produced by ANSI , ISO , IEEE , and ITU-T as examples. As the IETF standardization processes and IPR policies have the characteristics listed above by ITU-T, the IETF standards fulfill the ITU-T definition of "open standards." However, the IETF has not adopted a specific definition of "open standard"; both RFC 2026 and the IETF's mission statement (RFC 3935) talks about "open process," but RFC 2026 does not define "open standard" except for

3397-424: The Khronos Group website. Khronos members may contribute to the development of Khronos API specifications, vote at various stages before public deployment, and accelerate delivery of their platforms and applications through early access to specification drafts and conformance tests. To ensure that the standards are consistently implemented and to create a reliable platform for developers, any product that implements

3476-425: The UK, the scheme was, in early 2012, extended to all artists still in copyright. In most European jurisdictions the right has the same duration as the term of copyright. In California law, heirs receive royalty for 20 years. The royalty applies to any work of graphic or plastic art such as a ceramic, collage, drawing, engraving, glassware, lithograph, painting, photograph, picture, print, sculpture, tapestry. However,

3555-470: 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. In 1999, recording artists formed

3634-472: The advent of pop music and major innovations in technology in the communication and presentations of media, the subject of music royalties has become complex. Art Resale Royalty is a right to a royalty payment upon resales of art works, that applies in some jurisdictions. Whilst there are currently approximately 60 countries that have some sort of Resale Royalty on their statute books, evidence of resale schemes that can be said to be actually operating schemes

3713-408: The amount of IP that needs to be licensed from other group members. Open standard The terms open and standard have a wide range of meanings associated with their usage. There are a number of definitions of open standards which emphasize different aspects of openness, including the openness of the resulting specification, the openness of the drafting process, and the ownership of rights in

3792-625: The artist can invoke resale rights (usually the hammer price or price). Some countries prescribe and others such as Australia, do not prescribe, the maximum royalty that can be received. Most do prescribe the calculation basis of the royalty. Some country's make the usage of the royalty compulsory. Some country's prescribe a sole monopoly collection service agency, while others like the UK and France, allow multiple agencies. Some schemes involve varying degrees of retrospective application and other schemes such as Australia's are not retrospective at all. In some cases, for example Germany, an openly tax-like use

3871-464: The author 10 percent of 'net receipts' from that deal. The overseas subsidiaries bind up the sheets into book form and sell at full price for a nice profit to the Group as a whole. The only one who loses is the author. In 2003 two American authors Ken Englade and Patricia Simpson sued HarperCollins (USA) successfully for selling their work to its foreign affiliates at improperly high discounts ("Harper Collins

3950-466: 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

4029-403: The commission has not been supplied with evidence for any third country which demonstrates that they qualify for inclusion on this list .' [The emphasis is from the European commission web page.] Apart from placing a levy on the resale of some art-like objects, there are few common facets to the various national schemes. Most schemes prescribe a minimum amount that the artwork must receive before

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4108-401: 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

4187-424: 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 basic patent rights: to manufacture, to use, to sell, to offer for sale, or to import a patented product, or to perform

4266-601: The degree of openness will be taken into account when selecting an appropriate standard: The UK government 's definition of open standards applies to software interoperability, data and document formats. The criteria for open standards are published in the "Open Standards Principles" policy paper and are as follows. The Cabinet Office in the UK recommends that government departments specify requirements using open standards when undertaking procurement exercises in order to promote interoperability and re-use, and avoid technological lock-in. The Venezuelan Government approved

4345-436: The first 18 months of commercial production and increases by 1% every 18 months to a maximum of 5% until initial costs have been recovered, at which point the royalty rate is set at 5% of gross revenues or 30% of net revenues . In this manner risks and profits are shared between the government of Canada (as resource owner) and the petroleum developer. This attractive royalty rate is intended to encourage oil and gas exploration in

4424-502: The following conditions: The South African Government approved a definition in the "Minimum Interoperability Operating Standards Handbook" (MIOS). For the purposes of the MIOS, a standard shall be considered open if it meets all of these criteria. There are standards which we are obliged to adopt for pragmatic reasons which do not necessarily fully conform to being open in all respects. In such cases, where an open standard does not yet exist,

4503-564: The following criteria: Italy has a general rule for the entire public sector dealing with Open Standards, although concentrating on data formats, in Art. 68 of the Code of the Digital Administration ( Codice dell'Amministrazione Digitale ) [applications must] allow representation of data under different formats, at least one being an open data format. [...] [it is defined] an open data format,

4582-480: The following order of importance: 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 reasonable royalty damages". In 2007, patent rates within the United States were: In 2002, the Licensing Economics Review found in a review of 458 licence agreements over

4661-428: The interest of publishers than authors: It makes sense for the publisher to pay the author on the basis of what he receives, but it by no means makes it a good deal for the author. Example: 10,000 copies of a $ 20 book with a 10 percent cover-price royalty will earn him $ 20,000. The same number sold but discounted at 55 percent will net the publisher $ 90,000; the author's ten percent of that figure yields him $ 9,000. Which

4740-409: The lease agreement. 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

4819-400: The needs of markets and consumers. This drives innovation which, in turn, contributes to the creation of new markets and the growth and expansion of existing markets. There are five, key OpenStand Principles, as outlined below: 1. Cooperation Respectful cooperation between standards organizations, whereby each respects the autonomy, integrity, processes, and intellectual property rules of

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4898-411: The organization that owns the copyright on the specification. As such these specifications are not considered to be fully open . Joel West has argued that "open" standards are not black and white but have many different levels of "openness". A more open standard tends to occur when the knowledge of the technology becomes dispersed enough that competition is increased and others are able to start copying

4977-443: The other party to extract the resources, the landowner receives either a resource rent , or a "royalty payment" based on the value of the resources sold. When a government owns the resource, the transaction often has to follow legal and regulatory requirements. In the United States, fee simple ownership of mineral rights is possible and payments of royalties to private citizens occurs quite often. Local taxing authorities may impose

5056-711: The others. 2. Adherence to Principles – Adherence to the five fundamental principles of standards development, namely 3. Collective Empowerment Commitment by affirming standards organizations and their participants to collective empowerment by striving for standards that: 4. Availability Standards specifications are made accessible to all for implementation and deployment. Affirming standards organizations have defined procedures to develop specifications that can be implemented under fair terms. Given market diversity, fair terms may vary from royalty-free to fair, reasonable, and non-discriminatory terms (FRAND). 5. Voluntary Adoption Standards are voluntarily adopted and success

5135-498: 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

5214-474: The profits (if any) to the publisher. 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. Unlike the UK, the United States does not specify a "maximum retail price" for books that serves as base for calculation. Methods of calculating royalties changed during the 1980s, due to the rise of retail chain booksellers, which demanded increasing discounts from publishers. As

5293-419: The profits" rule. However, this practice was rejected by a federal appeals court in 1971. Instead, the courts are required now to use a holistic approach according to Georgia-Pacific Corp. v. United States Plywood Corp. decision. The decision established 15 Georgia-Pacific factors , to be considered, when determining reasonable royalty as a civil remedy (monetary compensation) for patent infringement, in

5372-631: The purpose of defining what documents IETF standards can link to. RFC 2026 belongs to a set of RFCs collectively known as BCP 9 (Best Common Practice, an IETF policy). RFC 2026 was later updated by BCP 78 and 79 (among others). As of 2011 BCP 78 is RFC 5378 (Rights Contributors Provide to the IETF Trust), and BCP 79 consists of RFC 3979 (Intellectual Property Rights in IETF Technology) and a clarification in RFC 4879. The changes are intended to be compatible with

5451-528: The remote Canadian frontier lands where costs and risks are higher than other locations. In many jurisdictions in North America, oil and gas royalty interests are considered real property under the NAICS classification code and qualify for a 1031 like-kind exchange. 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

5530-489: The right is compulsory for the individual right holder. Whether the common law conception of an individual economic right as an "individual right of control of usage" is compatible with the Code Civil origins of droit de suite is open to question. The UK is the largest art resale market where a form of ARR is operating, details of how the royalty is calculated as a portion of sale price in the UK can be accessed here DACS In

5609-551: The royalty can be a flat rate or variable payment based on production or a combination of both. Unlike oil and gas royalties, which typically decline over time, wind royalties often have an escalation clause, making them more valuable over time. Because there is not yet a robust body of law regarding wind royalties, the legal implications of severing wind rights are still unknown. Several states, including Colorado, Kansas, Oklahoma, North Dakota, South Dakota, Nebraska, Montana, and Wyoming, have enacted anti-severance statutes, preventing

5688-417: 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

5767-480: The sense that the standard is either unowned or owned by a collective body, it can still be publicly shared and not tightly guarded. The typical example of "open source" that has become a standard is the personal computer originated by IBM and now referred to as Wintel , the combination of the Microsoft operating system and Intel microprocessor. There are three others that are most widely accepted as "open" which include

5846-512: The standard. For example, the rules for standards published by the major internationally recognized standards bodies such as the Internet Engineering Task Force (IETF), International Organization for Standardization (ISO), International Electrotechnical Commission (IEC), and ITU-T permit their standards to contain specifications whose implementation will require payment of patent licensing fees. Among these organizations, only

5925-486: The standard. The term "standard" is sometimes restricted to technologies approved by formalized committees that are open to participation by all interested parties and operate on a consensus basis. The definitions of the term open standard used by academics, the European Union , and some of its member governments or parliaments such as Denmark , France , and Spain preclude open standards requiring fees for use, as do

6004-693: The technology as they implement it. This occurred with the Wintel architecture as others were able to start imitating the software. Less open standards exist when a particular firm has much power (not ownership) over the standard, which can occur when a firm's platform "wins" in standard setting or the market makes one platform most popular. On August 12, 2012, the Institute of Electrical and Electronics Engineers (IEEE), Internet Society (ISOC), World Wide Web Consortium (W3C), Internet Engineering Task Force (IETF) and Internet Architecture Board (IAB), jointly affirmed

6083-497: The trade mark licence, but may involve monthly fees and percentages of sales, among other payments. In a long-running dispute in the United States involving the valuation of the DHL trade mark of DHL Corporation , it was reported that experts employed by the IRS surveyed a wide range of businesses and found a broad range of royalties for trade mark use from a low of 0.1% to a high of 15%. While

6162-667: The use of Open Standards, and is applicable to sovereign entities, central public administration services (including decentralized services and public institutes), regional public administration services and the public sector. In it, Open Standards are defined thus: a) Its adoption is fruit off an open decision process accessible to all interested parties; b) The specifications document must have been freely published, allowing its copy, distribution and use without restrictions; c) The specifications document cannot cover undocumented actions of processes; d) The applicable intellectual property rights, including patents, have been made available in

6241-407: The wind estate from being severed from the surface. Regardless, the ownership of wind royalties and compensation payments can be transferred from the landowner to another party. Over time, wind royalties will be fractioned similarly to oil and gas royalties. An intangible asset such as a patent right gives the owner an exclusive right to prevent others from practicing the patented technology in

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