- royalty
- The consideration payable by the lessee to the lessor under an oil or gas lease. 24 Am J1st Gas & O § 65. The right to share in production of oil or gas. Anno: 4 ALR2d 497. Compensation for the privilege of drilling and producing gas and oil, consisting of a share of the product or of money representing such share. Alexander v King (CA10 Okla) 46 F2d 235, 74 ALR 174, cert den 283 US 845, 75 L Ed 1455, 51 S Ct 492. A fractional interest in the production of oil or gas created by the owner of the grant, either by reservation when an oil and gas lease is entered into, or by direct grant to a third person. La Laguna Ranch Co. v Dodge, 18 Cal 2d 132, 114 P2d 351, 135 ALR 546. A payment made by the lessee under a mining lease to the lessor, based on the output of the mine. 36 Am J1st Min & M § 48. A payment made for the privilege of using a patented invention. Carbice Corp. v American Patents Development Co. 283 US 27, 75 L Ed 819, 51 S Ct 334. The compensation to which an author is entitled for the use of his work under license. 18 Am J2d Copyr §§ 92 et seq. The status of a king, queen, or princess, even of one of nature's noblemen. With respect to damages recoverable from an innocent trespasser who extracts coal or other solid mineral from the land, the terms "royalty" and "value" should not be regarded as synonymous but as alternative measures of recovery. Hughett v Caldwell County, 313 Ky 85, 230 SW2d 92. 21 ALR2d 373. Royalty, when used in connection with a license under a patent, means the compensation paid by the licensee to the licensor for the use of the licensor's patented invention. This is substantially Webster's definition except that the latter adds "usually at a certain rate for each article manufactured, used, sold, or the like." The word rate itself does not define or designate the "unit." There have been various units used in license contracts under patents such as "device manufactured," "period of use," or "device sold." Royalty provisions frequently provide for the payment of a fixed amount per device manufactured, sold, sold or used, or for fixed payments per unit of time. Hazeltine Corporation v Zenith Radio Corp. (CA7 111) 100 F2d 10.
Ballentine's law dictionary. Anderson, W.S.. 1998.