An author is the creator or originator of any written work such as a book or play, and is also considered a writer. More broadly defined, an author is "the person who originated or gave existence to anything" and whose authorship determines responsibility for what was created.
Broadcast Music, Inc. (BMI) is one of four United States performing rights organizations, along with the ASCAP, SESAC and Global Music Rights. It collects license fees on behalf of songwriters, composers, and music publishers and distributes them as royalties to those members whose works have been performed. In FY 2018, BMI collected $1.199 billion in licensing fees and distributed $1.12 billion in royalties. BMI's repertoire includes over 900,000 songwriters and 14 million compositions.
Publishing is the dissemination of literature, music, or information. It is the activity of making information available to the general public. In some cases, authors may be their own publishers, meaning originators and developers of content also provide media to deliver and display their content. Also, the word "publisher" can refer both to an individual who leads a publishing company or an imprint and to an individual who owns/heads a magazine.
Copyrights can either be licensed or assigned by the owner of the copyright. A copyright collective is a body created by copyright law or private agreement which licenses copyrighted works on behalf of the authors and engages in collective rights management. Copyright societies track all the events and venues where copyrighted works are used and ensure that the copyright holders listed with the society are remunerated for such usage. The copyright society publishes its own tariff scheme on its websites and collects a nominal administrative fee on every transaction.
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 real estate broker or a real estate agent is a person who represents sellers or buyers of real estate or real property. While a broker may work independently, an agent usually work under a licensed broker to represent clients. Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions. In North America, some brokers and agents are members of the National Association of Realtors (NAR), the largest trade association for the industry. NAR members are obligated by a code of ethics that go above and beyond state legal requirements to work in the best interest of the client. Buyers and sellers are generally advised to consult a licensed real estate professional for a written definition of an individual state's laws of agency, and many states require written disclosures to be signed by all parties outlining the duties and obligations.
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.
In the music industry, a music publisher is responsible for ensuring the songwriters and composers receive payment when their compositions are used commercially. Through an agreement called a publishing contract, a songwriter or composer "assigns" the copyright of their composition to a publishing company. In return, the company licenses compositions, helps monitor where compositions are used, collects royalties and distributes them to the composers. They also secure commissions for music and promote existing compositions to recording artists, film and television.
A publishing contract is a legal contract between a publisher and a writer or author, to publish original content by the writer(s) or author(s). This may involve a single written work, or a series of works.
Music publishing is the business of creating, producing and distributing printed musical scores, parts, and books in various types of music notation, while ensuring that the composer, songwriter and other creators receive credit and royalties or other payment. This article outlines the early history of the industry.
Licensing means renting or leasing of an intangible asset. It is a process of creating and managing contracts between the owner of a brand and a company or individual who wants to use the brand in association with a product, for an agreed period of time, within an agreed territory. Licensing is used by brand owners to extend a trademark or character onto products of a completely different nature.
Royalty rate assessment is a practical tool to gauge the impact of a royalty commitment in a technology contract to the business interests of the contracting parties. In this coverage, the terms 'royalty', 'royalty rate' and 'royalties' are used interchangeably.
In United States income tax law, an installment sale is generally a "disposition of property where at least 1 loan payment is to be received after the close of the taxable year in which the disposition occurs." The term "installment sale" does not include, however, a "dealer disposition" or, generally, a sale of inventory. The installment method of accounting provides an exception to the general principles of income recognition by allowing a taxpayer to defer the inclusion of income of amounts that are to be received from the disposition of certain types of property until payment in cash or cash equivalents is received. The installment method defers the recognition of income when compared with both the cash and accrual methods of accounting. Under the cash method, the taxpayer would recognize the income when it is received, including the entire sum paid in the form of a negotiable note. The deferral advantages of the installment method are the most pronounced when comparing to the accrual method, under which a taxpayer must recognize income as soon as he or she has a right to the income.
Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008), is a decision of the United States Supreme Court in which the Court reaffirmed the validity of the patent exhaustion doctrine, and in doing so made uncertain the continuing precedential value of a line of decisions in the Federal Circuit that had sought to limit Supreme Court exhaustion doctrine decisions to their facts and to require a so-called "rule of reason" analysis of all post-sale restrictions other than tie-ins and price fixes. In the course of restating the patent exhaustion doctrine, the Court held that the exhaustion doctrine is triggered by, among other things, an authorized sale of a component when the only reasonable and intended use of the component is to practice the patent and the component substantially embodies the patented invention by embodying its essential features. The Court also overturned, in passing, the part of decision below that held that the exhaustion doctrine was limited to product claims and did not apply to method claims.
Self-publishing is the publication of media by its author without the involvement of an established publisher. In common parlance, the term usually refers to physical written media, such as books and magazines, or digital media, such as e-books and websites. It can also apply to albums, pamphlets, brochures, video content, zines, or uploading images to a website.
Microsoft Corp. v. DAK Indus., Inc. 66 F.3d 1091 is a court case in which Microsoft contended that in being licensed rights to sell Microsoft Word (Word) software, the then-bankrupt DAK Industries had been granted permission to use this intellectual property, so Microsoft was entitled to receive payments during post-bankruptcy in the form of royalties.
Kindle Direct Publishing is Amazon.com's e-book publishing unit launched in November 2007, concurrently with the first Amazon Kindle device. Amazon launched Kindle Direct Publishing (KDP), originally called Digital Text Platform, to be used by authors and publishers, to independently publish their books directly, to Kindle and Kindle Apps worldwide.
In publishing, sheet dealing is the practice of extending a print run by "running on" extra copies of a book's sheets, which are then sold on to a subsidiary overseas publisher to be bound into books. Sheet dealing, which can allow publishers to reduce the amount of royalties they pay authors, has been widespread among multinationals since the 1980s. It is a way to move the sold product 'off the books' and beyond the scope of the royalty agreement.
A hybrid press or hybrid publisher is a publishing house that operates with a different revenue model than traditional publishing, while keeping the rest of the practices of publishing the same. The revenue source of a traditional publisher is through the sale of books that they publish, while the revenue of hybrid publishers comes from both book sales and fees charged for the execution of their publishing services. To be a hybrid publisher, the longstanding standards and best practices that have been set by publishing industry must be upheld.
