News & Analysis as of

Royalties

Gray Reed

A Lesson on How Not to Recover an NPRI in Texas

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It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right...more

Morgan Lewis

Taxation of Royalties Under New Tax Code of Kazakhstan

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This LawFlash summarizes the taxation of royalties in accordance with the new Tax Code of Kazakhstan that will come into effect in January 2026. The definition of “royalty” has been slightly modified in the new Tax Code....more

Bricker Graydon LLP

What You Need to Know about Business Use of Third-Party Photos - Part 1

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You know it, instinctively if not empirically – there are many good reasons to use photos in your ads and print pieces and on your web pages – photos capture attention better than bold headlines and they add visual interest....more

Pillsbury Winthrop Shaw Pittman LLP

Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2025

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2025 #4

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A former Major League Soccer marketing executive sued the league in New York federal court Friday, alleging he was fired in retaliation for repeatedly complaining of racial discrimination by his superiors....more

Irwin IP LLP

Whatever Will Be, Will Be: Sixth Circuit Approves Daughter’s Effort to Reclaim Copyrights Over Her Own Daughter’s Objection, But...

Irwin IP LLP on

In 1984, acclaimed composer Jay Livingston assigned his interests in numerous musical compositions, including the classics “Silver Bells” and “Que Sera, Sera” to a publishing company called Jay Livingston Music (“JLM”). In...more

Loeb & Loeb LLP

Tammy Livingston v. Jay Livingston Music, Inc.

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Sixth Circuit affirms dismissal of lawsuit brought by granddaughter of late composer Jay Livingston, holding that termination notices served and filed by Livingston’s daughter were valid and that granddaughter retained no...more

McDermott Will & Emery

Que sera, sera: No declaratory relief after songwriter’s heir terminated copyright assignments

McDermott Will & Emery on

Addressing the intersection of a trust beneficiary’s rights to royalties and an heir’s copyright termination rights under 17 U.S.C. § 203, the US Court of Appeals for the Sixth Circuit affirmed the district court’s order...more

Bennett Jones LLP

Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

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Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal...more

Lathrop GPM

New York Federal Court Denies Motions for Reconsideration in Franchise Agreement Dispute

Lathrop GPM on

A federal court in New York recently denied Community Care Companions, Inc. and Interim Healthcare, Inc.’s motions for reconsideration of the court’s summary judgment rulings in an ongoing franchise dispute. Cmty. Care...more

Vondran Legal

ASCAP Calls Out Alleged Infringers Publicly Citing Lawsuits Filed

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We have talked about this in other blogs; ASCAP is getting aggressive in enforcing their legal rights when restaurants, bars, fitness centers and other establishments play copyrighted music without having the proper BMI,...more

Pillsbury - Gravel2Gavel Construction & Real...

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on...

On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water—a vexing...more

Blake, Cassels & Graydon LLP

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair and Unreasonable

In a judicial review, the Alberta Court of King’s Bench, in Imperial Oil Resources Limited v. Alberta (Minister of Energy), overturned decisions (Decisions) made by a delegate of the Minister of Energy, the Director of...more

Gray Reed

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

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In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

Arnall Golden Gregory LLP

If You Want It, Here It Is, Come and Get It: Preparing Your Music Catalog to Attract the Right Buyers

Mo Money, Mo Problems? In March 2025, music publishing giant Primary Wave acquired a substantial stake in the Notorious B.I.G. music catalog with an estimated value of $200 million....more

Gray Reed

Texas Operator Protected From Royalty Payment Error

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The takeaway from DDR Weinert, Limited et al v. Ovintiv USA Inc. is that equitable recoupment rescued a royalty payor from its mistaken payment of royalties. But first, The events. The Richters were mineral lessors...more

IR Global

Key Changes to the DRC Mining Code: A New Era for Investors and National Development

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The Democratic Republic of Congo (DRC), home to some of the world’s richest deposits of cobalt, copper, and other critical minerals, enacted major revisions to its Mining Code in March 2018. These reforms marked a significant...more

Baker Botts L.L.P.

Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law - UPDATED May 2025

Baker Botts L.L.P. on

On May 21, 2025, the Federal Circuit “reverse[d] the district court’s denial of Google’s motion and remand[ed] for a new trial on damages.” The decision resulted in an 8-2 vote, with Judges Reyna and Stark dissenting. The...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

McGinnis Lochridge

Texas Supreme Court Clarifies Limits of Shut-In Payment Notations in Lease Disputes

McGinnis Lochridge on

In this case (Scout Energy Mgmt., LLC v. Taylor Properties, No. 23-1014, 2024 WL 5249490 [Tex. Dec. 31, 2024]), the Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify an unambiguous...more

Vondran Legal

SESAC music licensing overview for restaurant and club owners

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Many new business owners in the restaurant, bar, nightclub, and karaoke business fail to understand that if live music is played in their establishment (called a public performance), the establishment must have the proper...more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

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In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

McGinnis Lochridge

Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling

McGinnis Lochridge on

In Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878, 2025 WL 4356581 (Tex. May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

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The beginning of 2025 saw two overarching trends in FRAND litigation...more

McGinnis Lochridge

All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer

McGinnis Lochridge on

This recent case (Rock River Minerals, LP v. Pioneer Nat. Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 [Tex. App.—El Paso Oct. 18, 2024, no pet. h.]) explored whether an assignment of an overriding royalty interest,...more

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