royalty

royalty, in law, the payment made to the owners of certain types of rights by those who are permitted by the owners to exercise the rights. The rights concerned are literary, musical, and artistic copyright; patent rights in inventions and designs; and rights in mineral deposits, including oil and natural gas. The term originated from the fact that in Great Britain for centuries gold and silver mines were the property of the crown; such “royal” metals could be mined only if a payment (“royalty”) were made to the crown.

It is uncommon for the author of a book to be in a position to exploit it fully himself; he requires the resources of a publishing organization. Similarly, a playwright needs the services of a theatrical management and actors to perform his play and a publisher to produce and sell copies of its text. A musical composer must arrange for the performance of his work, for the sale of copies, and for the making of recordings. An artist, if he wants to make any profit from a picture beyond the price that he obtains for it, must arrange for reproductions to be published in books and as prints. An individual inventor without capital or plant must license others to manufacture his invention. When owners of rights make arrangements for such exploitation by others, the remuneration that they receive in exchange is often in the form of a royalty, usually based on the actual extent of the exploitation.

Mineral deposits have nothing in common with the fruits of intellectual and artistic endeavour, the subject of the other rights mentioned above, except that they are often exploited by persons other than the owners upon payment of royalties.