Royalty Payments Research Articles

The Digital Transformation of the Korean Music Industry and the Global Emergence of K-Pop

There are a number of voices who blame digitization for having a number of negative effects on the music industry including a decline in album sales, copyright infringement, unfair royalty payments, and competition with foreign multinationals. Yet, the global emergence of Korean pop music or K-pop suggests a different narrative, particularly given that its growth was largely unexpected among industry experts. Understanding the key to its international breakthrough can thus produce meaningful lessons for the music industries of other countries for their own further take-off. This constitutes the focus for this paper. Digitization has influenced various sectors of the Korean music industry such as business, society, and consumers. It has also transformed the management focus of the industry from analog to digital, from offline to online, from albums to songs, from specialization to integration, from domestic providers to international suppliers, from audio sound to visual images, from possessing to accessing, and from limited integration to synergistic network. This signifies that embracing technology advancement can enhance the competitiveness of cultural industries.

Royalty Taxation under Profit Shifting and Competition for FDI

Multinational corporations increasingly use royalty payments for intellectual property rights to shift profits globally. This threatens not only the tax base of countries worldwide, it also affects the nature of competition for foreign direct investment (FDI). Against this background, our theoretical analysis suggests a surprising solution to the problem of curbing profit shifting without suffering major FDI losses: A strictly positive withholding tax on royalty payments is both the Pareto-efficient solution under international coordination and the optimal unilateral response. If internal debt is sufficiently responsive, governments can even implement Paretooptimal targeting. Then, the royalty tax closes the profit-shifting channel, while all competition for FDI is relegated to internal-debt regulation. Our results question the ban of royalty taxes in double tax treaties and the EU Interest and Royalty Directive.

Assay for "fetal hemoglobin levels" in erythrocytes: Impact of new In Vitro Diagnostics regulation and expanded applications in sickle cell disease management.

Assay for "fetal hemoglobin levels" in erythrocytes: Impact of new In Vitro Diagnostics regulation and expanded applications in sickle cell disease management.

Section 267a and the Taxation of Hybrid Mismatches Under the Code

Hybrid mismatches are differences in tax rules between countries. It has been one of the main tools for multinationals to minimize their tax liabilities. As such, it has been a subject of concern for many legislators, international tax scholarship, and countries worldwide and evoked intriguing intellectual discussions on their legitimacy and how to address them. Indeed, this issue encompasses many complex issues, including the differences between accounting for the legal and economic situations of taxpayers, corporate and individual taxpayers, international tax and international law, distinguishing different types of income and more. These considerations are taken into account to address the conflict between the jurisdictions’ freedom to tax their subjects as they wish and their fight against base erosion and tax competition to ensure their ability to redistribute wealth in their societies. The recently enacted hybrid rules were designed to disallow deductions from payments of interest, royalties, and dividends by or from foreign related parties if such related parties are not already taxed for these payments. The legislative intent, structure of these sections, and the similarities between the first OECD’s Base Erosion and Profit Shifting show that these sections are international customary law. As such, this paper seeks to analyze and improve the current law by leaning on international tax principles and recent international tax trends, and argues that a BEAT-like minimum tax approach to these hybrid payments would apply the international tax principles substantially and coherently better as it prevents double non-taxation as well as de-minimis taxation and over taxation. In addition, this approach may reduce the complexity of the current law.

Attracting artists to music streaming platforms

In this paper, we investigate the conditions under which it can be profitable for artists to distribute their music through a streaming platform. These conditions determine the royalty the streamer must award to artists in order to lure them to its platform. We find that the platform may exclude more popular artists when the extent of heterogeneity in the artist population is significant, namely when there is a big gap in the size of the artists’ fan bases. Our results also show that such exclusion is more likely when the negotiating position of the platform vis-à-vis the artists is weaker. A weaker position may arise, for instance, when subscribers value the variety offered by the platform to a lesser extent, when competition between the streaming platform and the digital music store is significant, and when perceived ownership results in a significantly greater consumer benefit when purchasing instead of streaming content. Our model accounts for a revenue sharing rule that considers an artist's share of streams on the platform when determining royalty payments. Interestingly, the benefit an artist derives from streaming her music is dependent upon the makeup of artists on the platform.

Grand theft hydrocarbon? Post-production clauses and inequity in the US. shale gas industry

We describe the presence of post-production cost clauses (PCCs) in shale gas leases in two Northeastern Pennsylvania counties. Using a large, random sample of leases (N=1031), we demonstrate (1) how common PCCs are, (2) how frequently landowners address the risks of these clauses directly in the lease, (3) and several factors associated with greater likelihood of landowners addressing PCC risks in a lease. We find that nearly every lease contains language allowing for post-production costs to be taken out of landowner royalty payments, and that the language is often sufficiently general to allow for exploitative industry practices. However, we do find that (1) a small majority of landowners directly address these risks by inserting counter-acting lease terms, and (2) that these alternative lease terms increase over time, indicating a social learning process through which landowners are able to insulate themselves from financial risk. We find that the primary source of variation in landowner efforts to reduce risk is the firm that landowners signed with, expanding on other recent findings. While our study is geographically constrained, the results from this study inform ongoing discussions of equity in unconventional oil and gas development, particularly for landowners who lease privately owned land to the oil and gas industry.

Perlindungan Hukum Terhadap Pencipta atau Pemegang Hak Cipta Lagu Dalam Pembayaran Royalti

Intellectual property is the result of a work for an author that has exclusive rights that only exist and are attached to the owner or bearer of rights of a work. Other parties craving to use or use the copyright need to create or produce the work required in obtain the author's permission. The problems in this research were how is the legal protection for the creator or copyright holder of the song to the payment of royalties and how to complete the objection to approve the use of the song without paying royalties.
 This research used normative research methods. Normative research is research on literature or document studies that support secondary research. Data collection from the results of the study was then analyzed by the author by qualitative-descriptive. Which is the type of research that aims to obtain about how the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder.
 Based on the research results and discussion, it can be concluded the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. The formation of LMKN is a form of protection given by the Government to the copyright of songs given also provides tariffs on royalties that must be agreed by the User. Dispute resolution can be done through litigation and non-litigation. Dispute resolution involving different countries can be done through the WIPO Arbitration and Meditation Center.

Copyright Law Protection Competence in Paying Royalty as Exclusive Rights Substance

Copyright is considered as a moving and intangible object; therefore, a copyright devolution cannot be done verbally but must be with an authentic deed or Underhand deed. Problem Identification: 1. How does the song copyright devolution mechanism make economic interest for a composer or Copyright Holder? 2. What is the system of song copyright royalty payment in Indonesia? and 3. What should be done by the parties to resolve the royalty payment execution dispute? It is a normative juridical method that must be used. Research Result: It is true that copyright license mechanism, fee retaining or royalty payment is considered as logic consequences that must be done by a licensee over a licenser (Copyright holder). It is because the licensee gets material profits due to the economic rights exploitation over the copyright itself. There are many varieties or different ways of compensation payment system or indemnification from the licensee to the licenser over one copyright object to another, for instance in song/music is known two different ways such as royalty and flat systems, while in music or song is known several ways, namely by percentage system, period system, profit sharing system, compensation or copyright selling system. Royalty payment dispute resolving may come in many ways, and, generally, the dispute resolving forums are available into two forms, such as litigation forum through courts and non-litigation forum out of court.

Dealing with digital: the economic organisation of streamed music

The intervention of digital service providers (DSPs) or platforms, such as Spotify Apple Music and Tidal, that supply streamed music has fundamentally altered the operation of copyright management organisations (CMOs) and the way song-writers and recording artists are paid. Platform economics has emerged from the economic analysis of two- and multi-sided markets, offering new insights into the way business is conducted in the digital sphere and is applied here to music streaming services. The business model for music streaming differs from previous arrangements by which the royalty paid to song-writers and performers was a percentage of sales. In the case of streamed music, payment is based on revenues from both subscriptions and ad-based free services. The DSP agrees a rate per stream with the various rights holders that varies according to the deal made with each of the major record labels, with CMOs, with representatives of independent labels and with unsigned artists and song-writers with consequences for artists’ earnings. The article discusses these various strands with a view to understanding royalty payments for streamed music in terms of platform economics, offering some data and information from the Norwegian music industry to give empirical support to the analysis.

A Critical Analysis of the Viability of Advance Pricing Agreement Regime –The Indian Experience

The Government of India and the CBDT rolled out one of the most ambitious reforms in 2012 – the introduction of the Advance Pricing Agreement (APA) programme. The intention behind taking this step was to dismantle the idea of India as jurisdiction where the tax administration ran an aggressive transfer pricing regime. This reform was also aimed at providing certainty to MNEs in respect of their transfer pricing of international transactions, while providing them an incentive to invest in India. These ideas have slowly manifested themselves into reality. Hundreds of APAs have been signed in the last seven odd years, which in turn has extended comfort and certainty to MNEs. The complexity of the cases has been proportionally increasing with each passing year. In the year 2018-19 India has undertaken agreements such as, payment of royalty, transfer of intangibles, and Advertisement, Marketing and Promotion (AMP) expenses in respect of international transactions. Concomitantly, the adoption of transfer pricing mechanisms such as profit splitting and CUP became imperative. Ensuring that issues of such complex nature are resolved would bode well for the future of the Programme. Through this paper, the researcher aims to trace the inception, evolution, and the historical background of the Advance Pricing Agreement programme in India. The paper then goes on to look into the procedure and compliance requirements under APAs. The next part of the paper examines the different kinds of agreements, i.e., unilateral and bilateral agreements, and their features and differences. In the next section, the researcher attempts to analyze Indo-USA relations with respect to APAs. Lastly, the paper concludes by appreciating the present position of the APA regime in India, and by presenting some suggestions that would help achieve the objectives more effectively and efficiently for which APA was introduced.

Blockchain Technology as a Tool for Copyright Protection

Stady of blockchain technology is one of the most topical issues among scholars and among specialists of different fields, which is due to the consolidation of blockchain as one of the digital technologies of the National Program. The purpose of the study is to substantiate the expediency of using blockchain technology as a tool for copyright protection. The paper uses a systematic approach, dialectical method, methods of analogy, generalization, induction. Analysis of theoretical and doctrinal foundations and practice of blockchain technology application allowed the author to come to the conclusion about the significant potential of its use in the field of intellectual property in Russia. The author focuses on the advantages and main problems of this technology as a tool of copyright protection at the present stage. Although there is no statutory need to register works, in practice authors often have to prove their authorship, which is not always easy. In the era of the Internet and the development of the digital economy, it is getting more difficult to control the use of works and the payment of royalties and remuniration. The introduction of blockchain in the field of intellectual property will allow the authors to confirm the authorship, to dispose of copyright and control its use, to receive remuneration for the use of works. A reliable and secure technology enables authors, rights holders and consumers to interact openly, transparently, without intermediaries, to minimize time and financial costs, to protect copyright. One of the most significant problems is the lack of legislative consolidation of blockchain technology in Russia. The author comes to the conclusion that the blockchain technology creates a new and simpler tool for confirmation of authorship, management and control over the use of works, which does not replace the existing system of copyright protection, but complements it.

Costly auction entry, royalty payments, and the optimality of asymmetric designs

We analyze optimal auction mechanisms when bidders base costly entry decisions on their valuations, and bidders pay with a fixed royalty rate plus cash. With sufficient valuation uncertainty relative to entry costs, the optimal mechanism features asymmetry so that bidders enter with strictly positive but different (ex-ante) probabilities. When bidders are ex-ante identical, higher royalty rates—which tie payments more closely to bidder valuations—increase the optimal degree of asymmetry in auction design, further raising revenues. When bidders differ ex-ante in entry costs, the seller favors the low cost entrant; whereas when bidders have different valuation distributions, the seller favors the weaker bidder if entry costs are low, but not if they are high. Higher royalty rates cause the seller to favor the weaker bidder by less, and the strong bidder by more.

International Royalties on the Extended Continental Shelf: Implications for Canada, Newfoundland, and Equinor

Canada’s international obligations under Article 82 of the United Nations Convention on the Law of the Sea impose domestic responsibilities to determine which party is to absorb the royalty payments owed to the International Seabed Authority. Currently, uncertainty exists in the royalty regime for projects within Canada’s 200 nautical mile limit waters, with multiple disputes arising between parties to sophisticated contracts. Given the comparatively ambiguous Article 82 language, it is important for Canada, Newfoundland and Labrador, and project proponents to come to a clear conclusion as to who will pay the international royalties. This raises the normative questions of which party should ultimately be paying these royalties, and whether Canada should be shifting its obligations to another party.

Atomwise signs with Bridge Biotherapeutic

Atomwise, a specialist in applying artificial intelligence (AI) to small-molecule drug discovery, will collaborate with South Korea’s Bridge Biotherapeutics on up to 13 molecules in multiple therapeutic areas. Atomwise will use its structure-based AI technology to initiate programs for Pellino E3 ubiquitin ligases and other targets nominated by Bridge. Atomwise will receive unspecified up-front payments, as well as milestone and royalty payments that could top $1 billion.

Honorarji prvega slovenskega poklicnega pisatelja

The article presents a systematic overview of Ivan Cankar’s royalty payments with regard to the relationships he built with publishers and editors. While the main source of information about the book editions was Cankar’s own correspondence, the information about publications in periodicals originates from his editors’ balance sheets and other records. Lavoslav Schwentner represents the main publisher, followed by Ottomar Bamberg, Fran Levec, Fran S. Finžgar and Valentin Podgorec. The editors responsible for royalty payments from periodical publications are presented chronologically, that is, according to the period during which they held the editorial position. In the given table, the royalties Cankar collected from the book editions of his works are presented alongside the retail prices of the books at the time of publication. In addition to the writer receiving high royalty payments for both book editions and periodical editions, he frequently used his confidence and rhetorical skills to persuade publishers and editors to pay out advances, which he was often unable repay.

The Challenge: From MPEG Intellectual Property Rights Ontologies to Smart Contracts and Blockchains [Standards in a Nutshell

The Moving Picture Experts Group (MPEG) is an International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) working group that develops media coding standards. These standards include a set of ontologies for the codification of intellectual property rights (IPR) information related to media. The Media Value Chain Ontology (MVCO) facilitates rights tracking for fair, timely, and transparent payment of royalties by capturing user roles and their permissible actions on a particular IP entity. The Audio Value Chain Ontology (AVCO) extends MVCO functionality related to the description of IP entities in the audio domain, e.g., multitrack audio and time segments. The Media Contract Ontology (MCO) facilitates the conversion of narrative contracts to digital ones. Furthermore, the axioms in these ontologies can drive the execution of rights-related workflows in controlled environments, e.g., blockchains, where transparency and interoperability is favored toward fair trade of music and media. Thus, the aim of this article is to create awareness of the MPEG IPR ontologies developed in the last few years and the work currently taking place addressing the challenge identified toward the execution of such ontologies as smart contracts on blockchain environments.

Patents and Innovation Among Neurosurgeons from the American Association of Neurological Surgeons.

ObjectiveNeurosurgeons have taken on the role of innovators, continuing to move the field forward over the centuries. More recently, innovation has taken the form of new technological devices and therapeutics, which require patenting. The aim of this study is to identify major areas of innovation in the field of neurosurgery by evaluating patent records.MethodsThis study quantifies the number of patents the American Association of Neurological Surgeons (AANS) neurosurgeons hold across different subspecialties. The United States Patent and Trademark Office (USPTO) patent database was queried using the names of 7,293 AANS members who filed patents between 1976 and 2019.ResultsA total of 346 (4.7%) AANS neurosurgeons hold a total of 1,025 patents. The number of patents held by each neurosurgeon ranged from one to 109. The areas that patents were filed under include cellular and genetic science (40), drug delivery (45), image guidance (82), neuromodulation (52), pain (7), peripheral nerve stimulation (24), spine (398), surgical devices (148), trauma (16), tumor (78), vascular (67), and other (68). No patents were filed under pediatrics (0). The fields with the greatest number of filed patents are spine, instruments/devices, and image guidance.ConclusionGiven the technical nature of the field of neurosurgery, instruments and devices that improve localization, visualization, targeting, and spinal reconstruction are often in demand. Furthermore, since the rates of spinal procedures and implants continue to increase, higher patenting may be motivated by the opportunity to develop new products that can result in royalty payments to neurosurgeons. The advent of new technologies undoubtedly continues to push the field of neurosurgery forward.

Innovation, Royalties, and Introduction of the Patent Hirsch Index within U.S. Academic Neurosurgery

Historically, practicing neurosurgeons have been key drivers of neurosurgical innovation. We sought to describe the patents held by U.S. academic neurosurgeons and to explore the relationship between patents and royalties received. The Centers for Medicare and Medicaid CMS Open Payments Data was used to identify academic neurosurgeons who had received royalties and royalty amounts during a 5-year period (2013-2017). Online patent databases were used to gather patent details. Patent citations and 5-year individual and departmental patent Hirsch (h)-indexes were calculated. Royalties were correlated with the number of patents, patent citations, and patent h-index. We found that 119 academic neurosurgeons (7.8%) from 57 U.S. teaching programs (48.3%) had received royalty payments; 72 (60.5%) had published 648 patents. All surgeons were men, with approximately one half in the "late" stages of their career (45.3%) and subspecializing in spinal surgery (50.4%). The patented products or devices were most commonly used for spinal surgery (72.1%), with 2010-2019 the most productive period (n= 455; 70.2%). The median number of citations per patent was 32 (range, 0-620), with 33% having ≥100 citations. The highest individual and institutional patent h-index was 95; 25 (34.7%) neurosurgeons had a patent h-index of ≥5. The median total royalty payment per individual neurosurgeon was $111,011 (range, $58.05-$76,715,750.34). Royalties were correlated with the number of patents (Spearman r= 0.37; P ≤ 0.001), citations (Spearman r, 0.38; P ≤ 0.001), and inventor h-index (Spearman r= 0.38; P ≤ 0.001). Few U.S. academic neurosurgeons (7.8%) receive royalties and hold patents (4.7%), with aneven smaller select group having a patent h-index of ≥5 (1.6%).

Hemispheric Surgery Outcome Prediction Scale: Development and Validation of a Seizure Freedom Prediction Tool

Background: A subset of pediatric epilepsy patients suffer from epilepsy syndromes related to multi-lobar or hemispheric epileptogenic networks and diseases. Most of these patients are refractory to anti-seizure drug treatment, resulting in persistent disabling seizures, neurocognitive delay and impaired quality of life. In well-selected patients, hemispheric surgery is associated with excellent seizure freedom rates and relatively low complication rates. Nevertheless, 30% of patients develop seizure recurrence after cerebral hemispheric surgery. The purpose of this study was to develop and validate a model to predict seizure freedom in children undergoing cerebral hemispheric surgery for the treatment of drug-resistant epilepsy. Methods: We analyzed 1237 hemispheric surgeries performed in pediatric patients across 31 centers and 12 countries to identify predictors of seizure freedom at 12 months after surgery. A multivariate logistic regression model was developed based on the entire dataset and its performance was evaluated based on cross-validation. Missing data was handled using multiple imputation techniques. Findings: Overall, 817/1237 (66%) hemispheric surgeries led to seizure freedom (median follow-up of 24 months), and 1050/1237 (85%) were seizure free at 12 months after surgery. The regression model containing age at seizure onset, presence of generalized seizure semiology, presence of contralateral 18-fluoro-2-deoxyglucose–positron emission tomography hypometabolism, etiologic substrate and previous non-hemispheric resective surgery were predictive of seizure freedom (AUC 0·72). A practical Hemispheric Surgery Outcome Prediction Scale (HOPS) score was devised based on these results that can be used to predict seizure freedom. Interpretation: Children most likely to benefit from hemispheric surgery can be selected and counselled through the implementation of a scale derived from a multiple regression model. Importantly, children who are unlikely to experience seizure control can be spared from the complications and deficits associated with this surgery. The HOPS score is likely to help physicians in clinical decision-making. Funding Statement: The authors stated: None. Declaration of Interests: None of the authors has any conflict of interest to disclose. None of the authors have financial relationships relevant to this article. Gary W Mathern MD is partly supported by the Davies/Crandall Endowed Chair for epilepsy Research at UCLA. Dr. Phillip Pearl receives research support from the NIH, NSF, and Boston Healthcare Associates; royalty payments from Elsevier, Springer Pubs, and UpToDate; has served as a consultant for Agilis Biotherapeutics and GLG Health Care Council; and is Associate Editor for the Journal of Child Neurology and on the editorial boards of Annals Neurology, Epilepsia, Future Neurology, Music and Medicine, and Neurology. Dr. Jeffrey Ojemann is a shareholder of Therma Neurosciences, a grant recipient of the NIH/NSF, and serves on the advisory board for the Epilepsy Foundation of the Northwest. The views expressed in this article are not the official positions of any authors’ affiliated institutions. Ethics Approval Statement: The organizing center received IRB approval for this study and each contributing center obtained research ethics approval locally.

ПРАВОВЕ РЕГУЛЮВАННЯ АВТОРСЬКОЇ ВИНАГОРОДИ ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ

The article is devoted to the analysis of normative-legal regulation of payment of royalties. The main types of royalties under current national legislation have been studied. It is established that the amount and procedure for payment of royalties for the creation of a work are established in the copyright agreement or in agreements concluded on behalf of the subjects of copyright by collective management organizations with persons who use the works. The most important property right of the inventors is the right to remuneration for intellectual activity, which contributes to the formation of promising areas of science and technology. Author's remuneration is a certain payment in favor of the author of the work, due to the use of this work by another person. The right to remuneration does not belong to the number of personal non-property or property copyrights. Legislative consolidation of royalties is a logical necessity for the development of inventive creative activity in Ukraine. The legislation of Ukraine may establish minimum rates of royalties and the procedure for their application and minimum rates of remuneration for the use of related rights and the procedure for their indexation. Despite the economic nature of the fee, its legal nature, in general, is an essential aspect of copyright and, in addition, allows you to assess the current copyright system, both at the level of individual organizations and nationwide. It is determined that the national legislation rather fragmentarily embodies the basic principles of payment of inventory fees, which certainly slows down the progressive processes of inventors and causes legal disputes between inventors, employers and other subjects of legal relations in the field of invention.