THE
KESSLER REPORT Continued
A Publication of Michael G. Kessler & Associates, Ltd.
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Behind the Numbers® Edition
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Volume 5
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Number 2
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| Royalties -
Getting Your Fair Share (Continued from page 1) |
A Message From The President
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of their lives, but so do
athletic apparel companies, clothing, jewelry and fragrance designers,
land owners, and software developers, just to name a few. In actuality,
every industry today with an original product or copyrighted idea or
element must be prepared to protect their interests against royalty
theft.
Currently pending is a case of major proportions against the oil
industry for fraudulently understating royalty payments on oil pumped
from federal and Indian lands. This is an example of royalty theft at
its worst.
If the situation was bad before, it is worse now, and will continue to
get even more difficult for companies and individuals to protect their
interests. The World Wide Web brings with it a world of new issues for
royalty owners. Agreements that previously protected the holder from
royalty theft may not be appropriate to situations that arise on the
Internet. All holders of royalty agreements must go back and examine
whether or not their rights are protected in this medium. In many cases,
they may find the need to add a rider to these agreements. One
example may be the issue of territory. If their product is only
available in specific territories, then such a disclaimer needs to be
included since the World Wide Web is just that, worldwide. In essence,
the Internet is a tough medium to control. Also, with the ease of
downloading and hyper linking, a company may find themselves or their
product as a link on a site promoting an idea or philosophy with which
they strongly disagree.
Now more than ever, companies are finding the need to turn to
professionals for help. Companies such as Kessler International are
called upon to perform royalty audits or as consultants for new royalty
agreements. As Michael G. Kessler, President and CEO states, “No
company today should enter into a royalty agreement without first
consulting an expert in the field to be sure their interests are
properly protected. “But what should you do if the agreement is an old
one or if there is suspicion that royalty theft is
already occurring? “The answer is simple,” states Kessler, “Turn
the problem over to an organization whose job it is to audit the royalty
distributions and investigate any understating of royalties.”
Continued on page 4
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In this day and
age, you have to be careful. Whether you’re selling a license to use a
graphic you created, or buying the right to use someone else’s, it is
imperative that you keep constant checks on the individual you’ve
signed into an agreement with. Instances of non-compliance concerning
royalties happen all the time. No company today should ever enter into a
royalty agreement without first consulting an expert in the field to be
sure their interests are properly protected.
Our firm is dedicated to helping protect individuals and firms from
falling victim to royalty frauds. With a rare combination of financial
expertise, investigative skills, and street wise knowledge, our staff of
forensic accountants and research professionals will guarantee that your
rights are protected and that you receive what is due you.
If you would like additional information about the subjects in this
newsletter or any other matters, please call our office at (212)
286-9100.
Kessler International...
because there is
a difference.
Sincerely,
Michael G. Kessler
President and CEO |
F*Y*I
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| Kessler International is proud to
announce the opening of an office in Jakarta, Indonesia. Our
International presence continues to grow as the demand for our services
and expertise increases. Additionally, our Chicago, IL office is
expected to open by early 2001. As evidenced by the expansion of its
offices, Kessler Inter national offers a level of expertise and customer
service, which far surpasses that of any other firm. Kesslers’ World
Headquarters are located in New York City, with branches in Miami,
Tokyo, Los Angeles, London, Hong Kong, Buenos Aires, Chicago and
Jakarta.
Kessler International will be exhibiting at several trade shows over
the next year. Look for us at: American Trial Lawyers Association (ATLA)
in New York City, RIMS Annual Conference & Exhibition, Atlanta, GA,
and INTA, San Francisco, CA. Call us for more information and
complimentary entrance passes. |
Copyright © Michael G. Kessler & Associates, Ltd. 2000. All rights
reserved.
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