Unclaimed royalty payments are surprisingly common in industries like oil, gas, and music. Often, these payments go uncollected because of outdated contact info, administrative mistakes, or unclaimed inheritances. This article dives into why royalties go unclaimed and offers practical tips to help you find and claim any royalties you might be owed.

Unclaimed oil and gas royalties

Oil rig

Many oil and gas royalties go unclaimed due to a variety of reasons. One primary factor is outdated contact information; royalty owners may move or change contact details without updating the relevant authorities, causing payments to miss their intended recipients. Additionally, problems can arise when owners pass away without identified heirs or without proper documentation of heirs, leading to suspended royalty payments. Administrative errors, such as misspellings in deeds or titles, can also result in royalties being unclaimed, as can unsigned or improperly processed division orders.

Several resources are available to try and locate such unclaimed royalties. One of the most effective methods is to utilize online databases. For example, databases like MoneyBot5000allow individuals to search for unclaimed property across multiple states. For oil and gas royalties specifically, look for states where the mineral rights are located, where the mineral owners reside, or where mineral operators are incorporated.

Professional services can also play a valuable role. Companies specializing in mineral rights and royalty recovery can streamline this process by accessing databases that might not be publicly available and providing legal expertise in complicated cases.

Steps to find unclaimed mineral rights

  1. Database search: Start with broad searches using tools like MoneyBot5000. Look for unclaimed property in the state where the mineral rights exist. If unsure, also check the mineral owner’s residence state and the state of the operator’s incorporation.
  2. Consult professional services: If manual searches come up short, engage professional services experienced in tracing and claiming unclaimed mineral rights, especially for complex cases involving missing documentation or ownership disputes.
  3. Submit the required documents: Key documents required typically include valid identification, proof of ownership, evidence of inheritance, or an Affidavit of Heirship.

Unclaimed music royalties

Woman singing on a stage while playing guitar

Incomplete or inaccurate metadata, artists’ lack of awareness, and the overall complexity of the music publishing landscape tend to be significant factors leading to unclaimed royalties. On average, about 45% of an artist’s catalog may suffer from incorrect or improperly registered metadata, causing royalties to become unmatchable to the rightful owner. This inadequate documentation frequently steers earnings into what is known as the “Black Box.”

The Black Box refers to a pool of unallocated revenue that collects at a collection society when the rightful songwriter and/or publisher cannot be identified or located due to missing, incomplete, or erroneous data. This revenue can also amass if the songwriter, publisher, or song is not registered correctly with the collection society or pay source.

Remember, regular updates are paramount because royalties often expire if not claimed within a specified timeframe—typically around two to three years.

Resources to find and claim unclaimed music royalties

To reclaim unclaimed music royalties, artists should first verify their registration details to ensure their works are correctly labeled and registered. Websites like Afmsagaftrafund.org allow performers to check if they have unclaimed funds due to missing critical personal information.

Artists should also check industry databases by using platforms like PRS for Music, which enable members to report and claim unpaid music usage. The AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund helps performers identify missing royalties by providing a specific search tool tailored for legal names and known aliases.

Steps to find and claim unclaimed royalties

To try to locate and claim unclaimed music royalties, start with centralized databases like MoneyBot5000, which allows users to search for unclaimed property across multiple states. If you have lived in multiple states, it’s important to check each state’s unclaimed property office to try and ensure no funds are missed.

  1. Run a search: Begin by visiting MoneyBot5000 and entering your information to search for any unclaimed property. Each state has their own process for claiming unclaimed property; links to each state can be found in MoneyBot5000’s state directory page.
  2. Communicate with the relevant authorities: For music royalties, if you’ve received a notification about uncashed royalty checks, ensure you return the completed information to your royalty accounting department. If your royalties have been escheated to the state, visit the National Association of Unclaimed Property Administrators to initiate a claim.
  3. File a claim: Thoroughly review all submission guidelines and ensure accuracy in your documentation. Proper records and adherence to submission protocols are vital for a successful claim. In cases of large or complex claims, consider consulting professional services that specialize in unclaimed royalties to ensure you navigate the process correctly.

Each state has specific dormancy periods for unclaimed property, typically ranging from one to five years. New York, for example, requires due diligence mailings regardless of the money owed, whereas Texas mandates these mailings only for amounts over $250. Additionally, some states have adopted the Revised Uniform Unclaimed Property Act (RUUPA) provisions, allowing or requiring email notifications instead of or in addition to traditional mail, providing more flexibility in contacting the owners.

Best practices to claim royalty payments

In terms of best practices for securing and claiming royalties, it is crucial to maintain accurate records of all transactions involving potential royalty payments. Regularly updating contact information with relevant authorities and staying current with industry best practices can prevent the accumulation of unclaimed royalties.

Companies should ensure they are tracking dormant accounts and reaching out to the rightful owners proactively. Additionally, organizations should be familiar with relevant state-specific unclaimed property laws and adopt thorough internal policies and procedures to manage their unclaimed royalty obligations. This involves periodic reviews of merger-and-acquisition histories, understanding the specifics of various state exemptions, and conducting regular audits to identify potential unclaimed royalties.

Implementing robust internal controls, leveraging centralized databases for owner information, and employing third-party services for due diligence when necessary are other strategic measures to help ensure compliance and prompt the proper disbursement of royalties. Regular training and updates for staff involved in royalty distribution can also reduce the risk of non-compliance and ensure that owners receive their entitled royalties in a timely manner.

Creators and heirs should proactively search for and claim their entitled royalties to bolster their financial well-being. Practical steps include searching through relevant databases, maintaining up-to-date contact information with relevant authorities, and ensuring all documentation is accurate and complete when submitting claims.

Disclaimer: The above is solely intended for informational purposes and in no way constitutes legal advice or specific recommendations.