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94-658: The Minerals Management Service ( MMS ) was an agency of the United States Department of the Interior that managed the nation's natural gas, oil and other mineral resources on the outer continental shelf (OCS). Due to perceived conflict of interest and poor regulatory oversight following the Deepwater Horizon oil spill and Inspector General investigations, Secretary of the Interior Ken Salazar issued

188-627: A " culture of fear " and of "ethical failure." Devaney has also said, "Simply stated, short of a crime, anything goes at the highest levels of the Department of Interior." Launched in June of 2021, the Federal Indian Boarding School Initiative intended to investigate federal Indian boarding school policies and multi-generational impacts of trauma on American Indian, Alaska Native, and Native Hawaiian children. Released in two volumes,

282-595: 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 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

376-407: A broad range of royalties for trade mark use from a low of 0.1% to a high of 15%. 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

470-577: 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

564-400: A civil remedy (monetary compensation) for patent infringement, in 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,

658-446: 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: 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

752-408: 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 the other party to extract the resources, the landowner receives either a resource rent , or

846-507: A member of Congress for New Mexico, took the oath of office as secretary, becoming the first American Indian to lead an executive department, and the third woman to lead the department. DOI Convocation Honor Award is the most prestigious recognition that can be granted by the department. The following awards are presented at the Honor Awards Convocation: In 2018, DOI established 12 organizational regions to be used across

940-559: A member of the president's Cabinet . The current secretary is Deb Haaland . As of mid-2004, the department managed 507 million acres (2,050,000 km ) of surface land, or about one-fifth of the land in the United States. It manages 476 dams and 348 reservoirs through the Bureau of Reclamation , 431 national parks , monuments, historical sites, etc. through the National Park Service , and 544 national wildlife refuges through

1034-429: 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 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

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1128-571: A monthly rather than daily basis, a practice used by the MMS and supported by the Department of the Interior, but potentially prone to abuse by producers. Other contributing factors to the placing the accuracy of revenue streams at risk were insufficiently trained personnel and insufficient numbers of personnel working in the RIK program and a lack of standard reporting method by industry members, leading to manual rather than computer-based processing of more than half of

1222-433: A percentage of sales may not be appropriate, because of the prohibition of usury (see riba ), and 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

1316-524: 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

1410-404: A rigged bid. He was convicted along with a former MMS coworker Milton Dial who also came to work at the company. Both were found guilty of felony violation of conflict of interest law. On May 11, 2010, in response to the Deepwater Horizon oil spill , Secretary of the Interior Ken Salazar announced that MMS would be restructured so that the safety and environmental functions are carried out by

1504-548: A secretarial order on May 19, 2010, splitting MMS into three new federal agencies: the Bureau of Ocean Energy Management , the Bureau of Safety and Environmental Enforcement , and the Office of Natural Resources Revenue . MMS was temporarily renamed the Bureau of Ocean Energy Management, Regulation and Enforcement ( BOEMRE ) during this reorganization before being formally dissolved on October 1, 2011. Headquartered in Washington, DC ,

1598-526: A separate domestic department continued to percolate for a half-century and was supported by presidents from James Madison to James Polk . The 1846–48 Mexican–American War gave the proposal new steam as the responsibilities of the federal government grew. Polk's secretary of the treasury , Robert J. Walker , became a vocal champion of creating the new department. In 1849, Walker stated in his annual report that several federal offices were placed in departments with which they had little to do. He noted that

1692-409: 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.,

1786-405: 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

1880-470: 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

1974-516: A unit with full independence from MMS in order to ensure that federal inspectors will have more tools, resources, and greater authority to enforce laws and regulations that apply to oil and gas companies operating on the Outer Continental Shelf. Another outcome of the spill was the retirement of the associate director for offshore energy and minerals management at the time of the spill, Chris Oynes . MMS's regulatory decisions contributing to

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2068-486: 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 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

2162-451: 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

2256-548: Is Bryan Newland, an enrolled member of the Bay Mills Indian Community . The department has been the subject of disputes over proper accounting for American Indian Trusts set up to track the income and distribution of monies that are generated by the trust and specific American Indian lands, which the government leases for fees to companies that extract oil, timber, minerals, and other resources. Several cases have sought an accounting of such funds from departments within

2350-464: 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

2444-464: 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. 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,

2538-485: 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

2632-400: Is further evidence of the cozy relationship between MMS and the oil and gas industry," Salazar said. The Project On Government Oversight (POGO) alleges that MMS has suffered from a systemic revolving door problem between the Department of Interior and the oil and gas industries. For example, thirteen months after departing as MMS director, Bush appointee Randall Luthi became president of

2726-423: 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

2820-517: Is managed by the department, with most of the remainder managed by the Department of Agriculture 's Forest Service . The department was created on March 3, 1849. It is headquartered at the Main Interior Building , located at 1849 C Street NW in Washington, D.C. The department is headed by the secretary of the interior , who reports directly to the president of the United States and is

2914-435: 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 the wind estate from being severed from the surface. Regardless, the ownership of wind royalties and compensation payments can be transferred from

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3008-551: 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

3102-595: 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

3196-501: 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 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

3290-414: The Department of Homeland Security primarily and the Department of Justice secondarily. The Department of the Interior has often been humorously called "the Department of Everything Else" because of its broad range of responsibilities. A department for domestic concern was first considered by the 1st United States Congress in 1789, but those duties were placed in the Department of State . The idea of

3384-493: The Fish and Wildlife Service . The largest land management agency is the Bureau of Land Management , managing about one-eighth of the land in the United States. Despite its name, the Department of the Interior has a different role from that of the interior ministries of other nations, which are usually responsible for police matters and internal security. In the United States, national security and immigration functions are performed by

3478-545: The National Oceans Industries Association (NOIA) whose mission is "to secure reliable access and a favorable regulatory and economic environment for the companies that develop the nation's valuable offshore energy resources in an environmentally responsible manner." Luthi succeeded Tom Fry, who was MMS director under the Clinton administration. Luthi and Fry represented precisely the industries their agency

3572-572: The Senate . The department was established on March 3, 1849 (9  Stat.   395 ), the eve of President Zachary Taylor 's inauguration, when the Senate voted 31 to 25 to create the department. Its passage was delayed by Democrats in Congress who were reluctant to create more patronage posts for the incoming Whig administration to fill. The first secretary of the interior was Thomas Ewing . Several of

3666-752: The United States General Land Office had little to do with the Treasury and also highlighted the Indian Affairs office , part of the Department of War , and the Patent Office , part of the Department of State . Walker argued that these and other bureaus should be brought together in a new Department of the Interior. A bill authorizing its creation of the department passed the House of Representatives on February 15, 1849, and spent just over two weeks in

3760-408: The 1950s to at least 2002, drilling for oil and gas on federal lands and waters produced the second largest source of revenue for the federal government other than taxes. The Minerals Revenue Management (MRM) division of MMS was responsible for managing all royalties associated with both onshore and offshore oil and gas production from federal mineral leases. In 1997, in light of evidence that industry

3854-422: The 2010 oil spill included, in negligence, the decision that an acoustically controlled shut-off valve ( BOP ) would not be required as a last resort against underwater spills at the site, MMS's failure to suggest other "fail-safe" mechanisms after a 2004 report raised questions about the reliability of the electrical remote-control devices., and the fact that MMS gave permission to dozens of oil companies to drill in

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3948-523: The Agency received most of its revenue from leasing federal lands and waters to oil and natural gas companies with a profit margin of 98%. It was among the top five revenue sources to the federal government, the IRS being number one. As the MMS (before transition to BOEMRE), the Agency's signature feature according to an informational trifold was that it had "become our Nation's leader in offshore energy development and

4042-588: The Agency's revenue collections. When MRM collected royalties-in-kind, the oil or gas received from producers was offered for sale by the U.S. Government on the open market and the proceeds from these sales were taken as revenues. The RIK program within MRM was responsible for managing these in-kind sales. In 2003, the General Accounting Office (GAO) noted that the MMS had failed to develop "clear strategic objectives linked to statutory requirements nor collected

4136-571: The Gulf of Mexico without first getting required permits from the National Oceanic and Atmospheric Administration that assess threats to endangered species and to assess the impact the drilling was likely to have on the gulf. On May 19, 2010 Salazar announced that MMS will be broken up into three separate divisions, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and

4230-429: The Interior ( DOI ) is an executive department of the U.S. federal government responsible for the management and conservation of most federal lands and natural resources . It also administers programs relating to Native Americans , Alaska Natives , Native Hawaiians , territorial affairs, and insular areas of the United States, as well as programs related to historic preservation. About 75% of federal public land

4324-516: The Interior Department, Earl E. Devaney , were released that implicated over a dozen officials of the MMS of unethical and criminal conduct in the performance of their duties. The investigation found MMS employees had used cocaine and marijuana, and had sex with energy company representatives. MMS staff had also accepted gifts and free holidays amid "a culture of ethical failure", according to the investigation. The New York Times's summary states

4418-742: The Interior and Treasury (such as the Minerals Management Service), in what has been a 15-year-old lawsuit. Some American Indian nations have also sued the government over water-rights issues and their treaties with the US. In 2010 Congress passed the Claims Settlement Act of 2010 (Public Law 111-291), which provided $ 3.4 billion for the settlement of the Cobell v. Salazar class-action trust case and four American Indian water rights cases. On March 16, 2021, Deb Haaland , serving at that time as

4512-597: The Interior, at Fall's behest. Secretary of the Interior James G. Watt faced criticism for his alleged hostility to environmentalism, for his support of the development and use of federal lands by foresting, ranching, and other commercial interests, and for banning the Beach Boys from playing a 1983 Independence Day concert on the National Mall out of concerns of attracting "an undesirable element". His 1983 resignation

4606-532: The Justice Department, to head up efforts to restructure BOEMRE. Bob Abbey, then director of the Bureau of Land Management, took over as Acting Director of BOEMRE until his replacement could be confirmed. Amidst efforts to reorganize the beleaguered agency, on June 21, 2010, Bromwich was sworn in as BOEMRE's new director, and Secretary of the Interior Ken Salazar issued a Secretarial Order that renamed

4700-478: The Licensing Economics Review found in a review of 458 licence agreements over 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

4794-576: The Minerals Management Service the Bureau of Ocean Energy Management, Regulation and Enforcement. Almost a year later, William K. Reilly , who co-chaired the commission charged with investigating the Horizon blowout, was quoted as saying "they changed the name, but all the people are the same" and "it's embarrassing" in reference to the current situation. United States Department of the Interior The United States Department of

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4888-449: 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 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

4982-545: The Office of Natural Resources Revenue, which will separately oversee energy leasing, safety enforcement, and revenue collection. S. Elizabeth (Liz) Birnbaum served as the Director of the then named Minerals Management Service from July 15, 2009 to her resignation on May 27, 2010 amidst the Deepwater Horizon oil spill . On June 15, 2010 President Obama named Michael R. Bromwich , a former federal prosecutor and inspector general for

5076-461: The Outer Continental Shelf and Federal and American Indian mineral revenues to enhance public and trust benefits, promote responsible use, and realize fair value. The Minerals Management Service was created on January 19, 1982. In January 1983, Congress passed the Federal Oil and Gas Royalty Management Act with the stated purpose: To ensure that all oil and gas originated on the public lands and on

5170-608: The Outer Continental Shelf are properly accounted for under the direction of the Secretary of the Interior, and for other purposes. The Secretary of the Interior at the time, James G. Watt , designated MMS as the administrative agency responsible for execution of activities under the Act. With the passage of the Energy Policy Act of 2005 , MMS was given authority to develop renewable energy projects, such as wave, wind and current energy, on

5264-430: The Outer Continental Shelf. As of 2010, the agency was composed of two operating units, the MRM and OEMM. The agency's offshore renewable energy program included development of renewable energy, such as wind, wave, and solar. Since its inception in 1982 through FY 2008, the agency had disbursed approximately $ 200 billion to federal, state, and American Indian accounts. On June 21, 2010, the Minerals Management Service

5358-425: 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,

5452-472: 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

5546-625: 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

5640-490: The artists. In 1999, recording artists formed 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

5734-464: 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

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5828-503: 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

5922-473: The collection of royalties on behalf of the American Public." With respect to enforcement of regulations and safety, this same publication indicated that the "MMS also funds advanced scientific studies and enforces the highest safety and environmental standards." The Agency's mission statement was put more formally in its 2010 Budget Proposal: MMS's mission is to manage the energy and mineral resources on

6016-403: 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

6110-460: The data required for RIK data inputs. Citing its scandals and the persistent incapacity of the RIK program to fulfill its statutory obligations, Interior Secretary Salazar announced in September 2009 that the RIK program would be shut down. Due to existing lease contracts with RIK provisions, the program as of 2010 is still winding down. On October 7, 2009, the U.S. House Oversight Committee reported

6204-425: The department. These superseded the previous 49 regions used across 8 agencies. Royalties#Non-renewable resource royalties 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

6298-588: The domestic concerns the department originally dealt with were gradually transferred to other departments. For example, the Department of Interior was responsible for water pollution control prior to the creation of the Environmental Protection Agency . Other agencies became separate departments, such as the Bureau of Agriculture , which later became the Department of Agriculture . However, land and natural resource management, American Indian affairs, wildlife conservation, and territorial affairs remain

6392-404: The inception of the MMS, and in particular since the 1990s, the Agency has been embroiled or implicated in numerous scandals. For example, in 1990 MMS employees were linked to prostitution, and in 2008 the Department of Interior's Inspector General reported that MMS employees had participated in drug use and sexual activity with employees from the very energy firms they were to be regulating. From

6486-482: The industry opposed cash payments (RIV) and planned legal challenges to government efforts to establish regulations for fair market-based royalty payments. A pilot test of the RIK concept was conducted. The Bush administration allowed the pilot to expand to a full program, with industry support, even though the bill authorizing the program failed to pass in Congress. In FY2008, the RIK program accounted for more than 50% of

6580-474: The industry was significantly underpaying on their royalty obligations. Computer systems in use by the Agency were considered to be sufficiently inadequate that a failure to report revenue or provide RIK by an industry member could not be reliably detected. For instance, the GAO estimated that underpayments amounted to ~$ 160 million USD in 2006. The GAO also disputed the practice of tracking oil and gas RIK deliveries on

6674-428: 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

6768-456: The investigation revealed "a dysfunctional organization that has been riddled with conflicts of interest, unprofessional behavior and a free-for-all atmosphere for much of the Bush administration's watch." A May 2010 inspector general investigation revealed that MMS regulators in the Gulf region had allowed industry officials to fill in their own inspection reports in pencil and then turned them over to

6862-419: 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 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

6956-539: The loss of billions in revenue resulting from MMS mismanagement and cozy relationships with industry officials. According to Darrell Issa , the top Republican on the United States House Committee on Oversight and Government Reform , there may be a conflict of interest for the Minerals Management Service to collect revenue and also oversee safety. In September 2008, reports by the Inspector General of

7050-526: 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

7144-481: The necessary information to effectively monitor and evaluate the Royalty-in-Kind Program". From 2003 to 2008, the GAO consistently challenged the legitimacy of the statistics published by the MMS that it used to support its claims that the RIK program was a success and justify its expansion. Deficits in accounting practices, policies and procedures, and information systems used by the MMS led to concerns that

7238-583: 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 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

7332-481: 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 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

7426-518: 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 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

7520-484: The patented technology, as an alternative remedy. In the old days, US courts often used so-called "entire market rule" or "25% of 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

7614-474: 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

7708-422: 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

7802-411: 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

7896-479: The regulators, who traced over them in pen before submitting the reports to the agency. MMS staff had routinely accepted meals, tickets to sporting events, and gifts from oil companies. Staffers also used government computers to view pornography. In 2009 the regional supervisor of the Gulf region for MMS pleaded guilty and was sentenced to a year's probation in federal court for lying about receiving gifts from an offshore drilling contractor. "This deeply disturbing report

7990-562: The responsibilities of the Department of the Interior. Secretary of the Interior Albert B. Fall was implicated in the Teapot Dome scandal of 1921. He was convicted of bribery in 1929, and served one year in prison, for his part in the controversy. A major factor in the scandal was a transfer of certain oil leases from the jurisdiction of the Department of the Navy to that of the Department of

8084-526: 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. 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

8178-489: 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

8272-534: 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 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

8366-466: The schools and calls for accountability and measures to address the ongoing impact on Native American families and communities to include working closely with tribal nations on the identification and repatriation of the remains. Within the Interior Department, the Bureau of Indian Affairs handles some federal relations with American Indians, while others are handled by the Office of Special Trustee. The current acting assistant secretary for Indian affairs

8460-407: The three year investigation produced the first report in May 2022 and the second and final volume in June 2024. The final report details the severe trauma and cultural disruption inflicted on Native American communities through these schools, which operated from the late 19th century to the mid-20th century. It highlights the systemic abuse and neglect endured by students, finding 973 children died at

8554-419: Was getting around royalty regulations and underpaying royalties to the tune of billions of dollars, MMS proposed a more stringent rule to collect royalty payments in value (RIV) , meaning in the form of cash payments from companies producing from federal leases. In response to that rule-making, industry proposed an alternative—"royalty-in-kind" (RIK) meaning in the form of actual oil or gas production. In fact,

8648-505: Was prompted by a speech in which he said about his staff: "I have a black, a woman, two Jews and a cripple. And we have talent." Under the Administration of President George W. Bush , the Interior Department's maintenance backlog climbed from $ 5 billion to $ 8.7 billion, despite Bush's campaign pledges to eliminate it completely. Of the agency under Bush's leadership, Interior Department Inspector General Earl Devaney has cited

8742-486: Was renamed the Bureau of Ocean Energy Management, Regulation and Enforcement and reorganized. As of 2009, the Agency employed about 1,600 people, which was proposed to grow by less than one hundred in 2010. The BOEMRE was reorganized in May 2010 under the direction of Secretary of the Interior Ken Salazar following the Deepwater Horizon disaster. The bureau is organized into these three newly created agencies: Since

8836-465: Was tasked with being a watchdog over. Lower level administrators influencing MMS have also gone on to work for the companies they once regulated: In addition, Jimmy Mayberry served as Special Assistant to the Associate Director of Minerals Revenue Management (MRM), managed by MMS, from 2000 to January 2003. After he left, he created an energy consulting company that was awarded an MMS contract via

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