1 00:00:00,133 --> 00:00:01,063 Hello ladies. 2 00:00:01,063 --> 00:00:02,383 Welcome to this week's 3 00:00:02,383 --> 00:00:04,820 episode of Hourly to Exit. 4 00:00:05,073 --> 00:00:06,899 Today we're gonna talk about 5 00:00:07,089 --> 00:00:08,829 what happens if you want to 6 00:00:08,829 --> 00:00:10,899 use a thought leader's book 7 00:00:10,959 --> 00:00:12,909 in your course or workshop. 8 00:00:13,241 --> 00:00:14,201 Now, I've received this 9 00:00:14,201 --> 00:00:15,461 question a few times 10 00:00:15,461 --> 00:00:17,291 recently, so I wanted to. 11 00:00:17,518 --> 00:00:18,871 Pop in and have a 12 00:00:18,871 --> 00:00:20,191 conversation about that. 13 00:00:20,612 --> 00:00:22,857 Now, for some of you, someone 14 00:00:22,857 --> 00:00:24,777 has literally written the 15 00:00:24,777 --> 00:00:26,997 book on the topic that 16 00:00:26,997 --> 00:00:28,257 you wanna cover in your 17 00:00:28,262 --> 00:00:30,012 course or workshop, so 18 00:00:30,012 --> 00:00:32,082 it makes sense to you to 19 00:00:32,082 --> 00:00:34,390 use, portions of the text. 20 00:00:34,658 --> 00:00:35,830 Maybe there's some examples 21 00:00:35,830 --> 00:00:37,390 in there, some insights 22 00:00:37,633 --> 00:00:39,253 for you to put it on slides 23 00:00:39,473 --> 00:00:41,513 or to incorporate it into 24 00:00:41,513 --> 00:00:43,223 the accompanying workbook. 25 00:00:43,859 --> 00:00:45,089 you would very happily give 26 00:00:45,089 --> 00:00:46,199 the thought leader credit. 27 00:00:46,503 --> 00:00:47,642 You would also encourage 28 00:00:47,642 --> 00:00:49,412 everyone to buy the book since 29 00:00:49,472 --> 00:00:51,332 you personally believe that it 30 00:00:51,332 --> 00:00:53,432 is required reading for anyone 31 00:00:53,432 --> 00:00:54,872 doing work in your space. 32 00:00:55,396 --> 00:00:57,319 So that would be fair, right? 33 00:00:57,319 --> 00:00:58,489 They'd get credit. 34 00:00:58,489 --> 00:00:59,929 You'd encourage everyone 35 00:00:59,929 --> 00:01:00,769 to buy the book. 36 00:01:01,242 --> 00:01:02,960 Of course, I cannot 37 00:01:02,960 --> 00:01:03,890 answer that for you 38 00:01:03,890 --> 00:01:04,760 because that would be 39 00:01:04,760 --> 00:01:06,080 giving you legal advice. 40 00:01:06,320 --> 00:01:08,090 So whether or not you 41 00:01:08,090 --> 00:01:09,800 can use someone else's 42 00:01:09,800 --> 00:01:12,230 material without asking for 43 00:01:12,230 --> 00:01:15,510 permission is fact specific. 44 00:01:15,936 --> 00:01:17,550 By that, it means. 45 00:01:17,755 --> 00:01:20,425 If and how you can use 46 00:01:20,675 --> 00:01:22,105 somebody else's material 47 00:01:22,110 --> 00:01:24,784 depends entirely on 48 00:01:24,784 --> 00:01:26,164 the specific facts 49 00:01:26,164 --> 00:01:27,574 related to your use. 50 00:01:27,760 --> 00:01:29,854 So that can only be determined 51 00:01:29,854 --> 00:01:32,387 on a one-on-one business after 52 00:01:32,387 --> 00:01:34,691 looking at the totality of the 53 00:01:34,691 --> 00:01:36,641 issues surrounding the use. 54 00:01:37,000 --> 00:01:38,072 However, because it comes 55 00:01:38,072 --> 00:01:40,422 up so often, I am going 56 00:01:40,422 --> 00:01:42,222 to give you a mini lecture 57 00:01:42,459 --> 00:01:44,169 and then I will talk about 58 00:01:44,169 --> 00:01:45,789 how to get permission to 59 00:01:45,789 --> 00:01:47,772 use a book in your course. 60 00:01:48,225 --> 00:01:50,065 So I wanna start by 61 00:01:50,065 --> 00:01:52,255 separating this use from 62 00:01:52,260 --> 00:01:53,935 teachers in a classroom. 63 00:01:54,194 --> 00:01:56,020 People will often refer 64 00:01:56,020 --> 00:01:57,190 to their experience, 65 00:01:57,190 --> 00:01:58,786 being in the classroom, at 66 00:01:58,786 --> 00:02:00,526 college level, typically, 67 00:02:00,789 --> 00:02:01,899 in academic setting. 68 00:02:01,899 --> 00:02:04,219 And that, frequently they'll 69 00:02:04,219 --> 00:02:05,659 get handouts that include, 70 00:02:05,709 --> 00:02:07,055 other people's work. 71 00:02:07,399 --> 00:02:10,068 So this does not apply to you. 72 00:02:10,458 --> 00:02:12,048 This does not apply to your 73 00:02:12,048 --> 00:02:14,298 expertise based business. 74 00:02:14,854 --> 00:02:15,784 You are. 75 00:02:15,912 --> 00:02:17,492 Leading workshops or 76 00:02:17,492 --> 00:02:20,312 teaching courses for profit. 77 00:02:20,875 --> 00:02:22,562 This is your business. 78 00:02:22,862 --> 00:02:23,882 This is a commercial 79 00:02:23,887 --> 00:02:26,282 use, not an academic 80 00:02:26,287 --> 00:02:28,592 use or educational use. 81 00:02:28,785 --> 00:02:30,922 So that, use by teachers 82 00:02:30,922 --> 00:02:32,722 in the classroom is not 83 00:02:32,722 --> 00:02:33,982 applicable to your use. 84 00:02:34,332 --> 00:02:36,264 Secondly, I wanna make sure 85 00:02:36,264 --> 00:02:39,330 that we don't ignore the 86 00:02:39,330 --> 00:02:42,564 realness of the items that 87 00:02:42,564 --> 00:02:44,754 you get off the internet. 88 00:02:45,004 --> 00:02:46,024 intellectual property 89 00:02:46,024 --> 00:02:47,134 rights are assets. 90 00:02:47,134 --> 00:02:48,814 I know you know this 'cause 91 00:02:49,180 --> 00:02:50,050 I'm always telling you. 92 00:02:50,240 --> 00:02:52,293 but, Still, there's something 93 00:02:52,293 --> 00:02:54,213 about being able to download 94 00:02:54,213 --> 00:02:55,533 something off the internet, 95 00:02:55,823 --> 00:02:56,993 without paying for it, 96 00:02:57,249 --> 00:02:59,850 that somehow people aren't 97 00:03:00,153 --> 00:03:01,798 completely understanding 98 00:03:02,068 --> 00:03:04,385 the real, ability to possess 99 00:03:04,385 --> 00:03:05,165 something that you can 100 00:03:05,255 --> 00:03:06,515 download off the internet. 101 00:03:06,798 --> 00:03:08,015 So intellectual property 102 00:03:08,015 --> 00:03:08,885 rights, I mean, they 103 00:03:08,885 --> 00:03:10,715 are real assets. 104 00:03:11,011 --> 00:03:13,795 They are owned and registered. 105 00:03:14,157 --> 00:03:16,227 They can be bought and sold. 106 00:03:16,227 --> 00:03:16,617 They can be 107 00:03:16,617 --> 00:03:18,487 licensed or loaned. 108 00:03:18,487 --> 00:03:19,687 They can be divided. 109 00:03:19,687 --> 00:03:22,207 They can even be inherited. 110 00:03:22,660 --> 00:03:24,520 So in our particular 111 00:03:24,525 --> 00:03:25,540 circumstance, when we're 112 00:03:25,540 --> 00:03:26,530 talking about books, we're 113 00:03:26,530 --> 00:03:28,330 talking about copyrights, 114 00:03:28,330 --> 00:03:29,987 is the specific type of 115 00:03:29,987 --> 00:03:31,007 intellectual property rights 116 00:03:31,012 --> 00:03:31,787 that we're talking about. 117 00:03:32,158 --> 00:03:33,950 So as a brief refresher, 118 00:03:34,140 --> 00:03:35,453 copyright protection 119 00:03:35,667 --> 00:03:37,313 grants, the owner, the 120 00:03:37,313 --> 00:03:39,083 exclusive rights to do 121 00:03:39,143 --> 00:03:40,223 all of the following. 122 00:03:40,582 --> 00:03:42,280 To reproduce the work, i 123 00:03:42,280 --> 00:03:44,383 e make copies to create 124 00:03:44,383 --> 00:03:46,233 derivative works such 125 00:03:46,233 --> 00:03:48,578 as, turning a book into 126 00:03:48,578 --> 00:03:49,898 a movie, distribute 127 00:03:50,148 --> 00:03:51,258 copies to the public. 128 00:03:51,258 --> 00:03:51,828 That means like to 129 00:03:51,833 --> 00:03:53,178 sell it to the public. 130 00:03:53,615 --> 00:03:55,585 Perform the work, take 131 00:03:55,585 --> 00:03:57,274 a play and it on stage. 132 00:03:57,524 --> 00:04:00,057 Display the work publicly, 133 00:04:00,062 --> 00:04:02,067 like artwork or transmit 134 00:04:02,067 --> 00:04:03,147 the work publicly, such 135 00:04:03,147 --> 00:04:04,407 as over the airwaves. 136 00:04:04,794 --> 00:04:06,474 And you also have the 137 00:04:06,474 --> 00:04:08,790 exclusive right to authorize 138 00:04:08,790 --> 00:04:10,740 anyone else to exercise 139 00:04:11,190 --> 00:04:12,270 any of those rights. 140 00:04:12,444 --> 00:04:13,170 So that would be 141 00:04:13,170 --> 00:04:14,780 such as a license, a 142 00:04:14,780 --> 00:04:17,177 publishing agreement, a 143 00:04:17,177 --> 00:04:18,312 distribution agreement. 144 00:04:18,629 --> 00:04:20,579 intellectual property rights 145 00:04:20,759 --> 00:04:23,475 that the copyright owner of 146 00:04:23,475 --> 00:04:25,975 that book are just as much 147 00:04:25,975 --> 00:04:28,668 of an asset to that owner as 148 00:04:28,673 --> 00:04:30,998 their car or their house, they 149 00:04:30,998 --> 00:04:32,768 have just as much right to the 150 00:04:32,773 --> 00:04:35,675 exclusive use of their car. 151 00:04:35,922 --> 00:04:37,314 Or their house as they 152 00:04:37,314 --> 00:04:38,847 do to their intellectual 153 00:04:38,847 --> 00:04:39,537 property rights. 154 00:04:40,051 --> 00:04:41,574 So I want you to think 155 00:04:41,574 --> 00:04:43,134 about the exception to 156 00:04:43,134 --> 00:04:44,774 those exclusive rights as 157 00:04:44,774 --> 00:04:46,634 narrowly as you think about 158 00:04:46,634 --> 00:04:48,344 exceptions to exclusive 159 00:04:48,349 --> 00:04:49,364 use of your property. 160 00:04:49,596 --> 00:04:51,194 I mean, you don't think that, 161 00:04:51,474 --> 00:04:52,794 I have exclusive use to my 162 00:04:52,794 --> 00:04:54,330 property unless, I'm not gonna 163 00:04:54,330 --> 00:04:56,580 notice that you're using it. 164 00:04:56,877 --> 00:04:57,652 the exceptions to 165 00:04:57,652 --> 00:04:58,822 use of your property. 166 00:04:58,822 --> 00:04:59,632 I'm not talking about physical 167 00:04:59,632 --> 00:05:01,142 property, would be, you know, 168 00:05:01,330 --> 00:05:04,300 Emergencies or some sort of 169 00:05:04,360 --> 00:05:05,920 legal action that results 170 00:05:05,920 --> 00:05:07,690 in an IMiD domain .Process, 171 00:05:07,947 --> 00:05:09,667 but you don't get to use 172 00:05:09,667 --> 00:05:11,137 somebody else's property, 173 00:05:11,379 --> 00:05:12,399 just because it'd be more 174 00:05:12,399 --> 00:05:14,409 convenient or you don't get to 175 00:05:14,409 --> 00:05:15,729 use somebody else's property 176 00:05:15,729 --> 00:05:17,259 because they're out of town 177 00:05:17,259 --> 00:05:18,309 and they'll never notice, 178 00:05:18,531 --> 00:05:19,739 or you don't get to use the 179 00:05:19,744 --> 00:05:21,676 property because, it's so 180 00:05:21,676 --> 00:05:23,273 large that, know, if I just. 181 00:05:23,273 --> 00:05:24,068 Go to the back of their 182 00:05:24,068 --> 00:05:25,178 property and do some hunting. 183 00:05:25,178 --> 00:05:26,288 No one's ever gonna notice 184 00:05:26,601 --> 00:05:27,878 it's still their property. 185 00:05:28,058 --> 00:05:29,318 They still have exclusive 186 00:05:29,318 --> 00:05:30,788 rights about how that 187 00:05:30,848 --> 00:05:32,288 property is used. 188 00:05:32,408 --> 00:05:34,898 And the same thing applies to 189 00:05:34,958 --> 00:05:36,548 intellectual property assets. 190 00:05:36,818 --> 00:05:38,998 Someone owns the rights 191 00:05:39,003 --> 00:05:41,128 to exploit it exclusively. 192 00:05:41,543 --> 00:05:43,193 So I'm going to use this 193 00:05:43,533 --> 00:05:45,393 as an opportunity to talk 194 00:05:45,393 --> 00:05:48,183 about my parallels between, 195 00:05:48,450 --> 00:05:50,370 inventory in the physical 196 00:05:50,370 --> 00:05:52,050 sense of inventory, the kind 197 00:05:52,050 --> 00:05:53,690 that you can put on financial 198 00:05:53,690 --> 00:05:56,002 statement and the way I like 199 00:05:56,002 --> 00:05:58,434 to talk about inventory in our 200 00:05:58,434 --> 00:05:59,724 expertise based businesses. 201 00:06:00,238 --> 00:06:01,704 So when we look at the. 202 00:06:01,855 --> 00:06:02,995 Definition of inventory. 203 00:06:02,995 --> 00:06:04,795 We have raw material, we 204 00:06:04,795 --> 00:06:05,875 have works in progress, 205 00:06:05,875 --> 00:06:07,285 and we have finished goods. 206 00:06:07,597 --> 00:06:08,635 And by the way, I did 207 00:06:08,635 --> 00:06:10,165 do a deep dive about 208 00:06:10,165 --> 00:06:11,591 the parallels, about. 209 00:06:11,719 --> 00:06:13,090 Taking inventory of our 210 00:06:13,090 --> 00:06:14,170 intellectual property in 211 00:06:14,200 --> 00:06:17,006 episode, 53 if you are 212 00:06:17,006 --> 00:06:18,206 interested in, in finding out 213 00:06:18,206 --> 00:06:19,585 more about that, conversation. 214 00:06:19,870 --> 00:06:21,415 But to briefly recap 215 00:06:21,415 --> 00:06:23,242 it, I talk about, the 216 00:06:23,242 --> 00:06:25,132 raw materials in our 217 00:06:25,132 --> 00:06:26,422 expertise based business. 218 00:06:26,547 --> 00:06:27,862 Those are the foundational 219 00:06:27,862 --> 00:06:29,092 parts of our expertise. 220 00:06:29,482 --> 00:06:31,132 So those are original ideas 221 00:06:31,192 --> 00:06:32,604 and the firsthand experiences 222 00:06:32,604 --> 00:06:34,414 that we have, probably as an 223 00:06:34,414 --> 00:06:35,734 employee, as we're growing 224 00:06:35,734 --> 00:06:36,844 our area of expertise. 225 00:06:37,204 --> 00:06:38,464 As we go out on our own, 226 00:06:38,464 --> 00:06:39,424 the client work will 227 00:06:39,424 --> 00:06:40,744 help build our expertise. 228 00:06:41,044 --> 00:06:42,604 We might get certifications, 229 00:06:42,604 --> 00:06:44,014 we'll do trainings, 230 00:06:44,014 --> 00:06:45,214 continuing education. 231 00:06:45,214 --> 00:06:46,534 Maybe we do our own research 232 00:06:46,894 --> 00:06:48,424 and even the work that we 233 00:06:48,424 --> 00:06:50,254 engage subcontractors to do. 234 00:06:50,584 --> 00:06:52,114 ' cause a lot of times we'll 235 00:06:52,114 --> 00:06:53,884 have a subcontractor who knows 236 00:06:54,377 --> 00:06:55,427 something better than we do, 237 00:06:55,427 --> 00:06:56,717 'cause that's their expertise. 238 00:06:57,107 --> 00:06:58,217 And so all these things 239 00:06:58,217 --> 00:06:59,417 are the raw materials 240 00:06:59,647 --> 00:07:00,907 that are the foundational 241 00:07:00,907 --> 00:07:02,197 parts of our expertise. 242 00:07:02,642 --> 00:07:04,378 And then we move on to 243 00:07:04,378 --> 00:07:05,878 our works in progress. 244 00:07:06,148 --> 00:07:07,588 So as we develop our 245 00:07:07,588 --> 00:07:09,118 expertise, we start to notice 246 00:07:09,118 --> 00:07:10,648 patterns and we start to 247 00:07:10,648 --> 00:07:12,328 create internal resources 248 00:07:12,328 --> 00:07:14,555 so we can be, more efficient 249 00:07:14,555 --> 00:07:15,965 and more predictable 250 00:07:16,145 --> 00:07:16,955 in the results that we 251 00:07:16,955 --> 00:07:18,185 deliver to our clients. 252 00:07:18,398 --> 00:07:19,295 So these are things 253 00:07:19,295 --> 00:07:20,411 like our system and, and 254 00:07:20,411 --> 00:07:22,661 processes, SOPs, templates, 255 00:07:22,914 --> 00:07:24,654 frameworks, and methodologies 256 00:07:24,654 --> 00:07:26,094 that we use internally. 257 00:07:26,424 --> 00:07:26,934 Those are our 258 00:07:26,934 --> 00:07:27,834 works in progress. 259 00:07:28,516 --> 00:07:29,584 And then we have our 260 00:07:29,584 --> 00:07:31,144 finished products. 261 00:07:31,414 --> 00:07:33,514 When we develop our expertise 262 00:07:33,784 --> 00:07:35,134 to the point that we're ready 263 00:07:35,134 --> 00:07:36,964 to graduate from one-on-one 264 00:07:36,964 --> 00:07:39,124 services to creating scalable 265 00:07:39,124 --> 00:07:41,506 revenue streams, and we create 266 00:07:41,511 --> 00:07:42,706 those finished products. 267 00:07:42,711 --> 00:07:43,546 I look at that as our 268 00:07:43,551 --> 00:07:45,256 finished product inventory. 269 00:07:45,497 --> 00:07:46,306 So those are things that 270 00:07:46,306 --> 00:07:47,606 we are selling externally, 271 00:07:47,676 --> 00:07:48,786 like group training 272 00:07:48,786 --> 00:07:50,136 and courses and books. 273 00:07:50,438 --> 00:07:51,668 templates that we're selling 274 00:07:51,968 --> 00:07:53,588 and when we're licensing 275 00:07:53,728 --> 00:07:55,438 our expertise as well. 276 00:07:55,858 --> 00:07:57,869 So from an inventory 277 00:07:57,869 --> 00:07:59,699 perspective, the thought 278 00:07:59,699 --> 00:08:01,379 leader's book, that is 279 00:08:01,439 --> 00:08:03,029 her finished product. 280 00:08:03,485 --> 00:08:05,159 It is the culmination of her 281 00:08:05,159 --> 00:08:07,329 . Expertise and she's used 282 00:08:07,329 --> 00:08:09,509 it to package it into a 283 00:08:09,509 --> 00:08:11,729 new revenue stream that 284 00:08:11,734 --> 00:08:13,499 she is selling for profit. 285 00:08:13,789 --> 00:08:16,447 And so, It reminds me of the 286 00:08:16,447 --> 00:08:19,005 Picasso example where we've 287 00:08:19,005 --> 00:08:19,965 all heard this one where 288 00:08:19,965 --> 00:08:20,925 someone comes up to him in 289 00:08:20,925 --> 00:08:22,365 a restaurant and they ask 290 00:08:22,365 --> 00:08:24,347 him to a drawing on a napkin 291 00:08:24,347 --> 00:08:25,277 and he does a little drawing 292 00:08:25,277 --> 00:08:26,527 and then he charges her, a 293 00:08:26,532 --> 00:08:27,817 million bucks, I guess it is. 294 00:08:27,822 --> 00:08:28,987 And like, why you just, 295 00:08:29,223 --> 00:08:30,596 wrote that on a napkin. 296 00:08:30,626 --> 00:08:32,138 Well, it's, the reason I was 297 00:08:32,138 --> 00:08:33,315 able to do that is 'cause I 298 00:08:33,315 --> 00:08:34,365 spent a lifetime perfecting 299 00:08:34,365 --> 00:08:35,932 my craft, and that's what 300 00:08:35,982 --> 00:08:37,885 thought leader's book is 301 00:08:37,915 --> 00:08:39,595 a career of perfecting her 302 00:08:39,595 --> 00:08:41,605 craft and putting it into 303 00:08:41,605 --> 00:08:42,715 this finished product. 304 00:08:43,113 --> 00:08:45,247 And so she's earned the 305 00:08:45,247 --> 00:08:46,837 right to the exclusive 306 00:08:46,837 --> 00:08:48,157 use of that product. 307 00:08:48,574 --> 00:08:50,464 And that same book when it 308 00:08:50,464 --> 00:08:52,777 is in your hands, is raw 309 00:08:53,012 --> 00:08:54,743 material for your inventory. 310 00:08:54,773 --> 00:08:56,040 It is something that 311 00:08:56,040 --> 00:08:56,880 you are going to be 312 00:08:56,880 --> 00:08:59,850 using as an influence. 313 00:09:00,097 --> 00:09:02,440 or at literally an element 314 00:09:02,633 --> 00:09:04,583 of your course or workshop. 315 00:09:04,902 --> 00:09:06,268 So, whether we're using 316 00:09:06,268 --> 00:09:07,378 it as an influence is a 317 00:09:07,378 --> 00:09:08,668 separate conversation. 318 00:09:08,968 --> 00:09:11,068 If you literally want to use 319 00:09:11,318 --> 00:09:13,928 parts of her book in your 320 00:09:13,928 --> 00:09:16,334 course or workshop, then that 321 00:09:16,364 --> 00:09:19,044 is the same as, the steering 322 00:09:19,044 --> 00:09:20,514 wheel in a car, like you don't 323 00:09:20,604 --> 00:09:22,354 get to get the parts for your 324 00:09:22,354 --> 00:09:23,614 finished product for free. 325 00:09:23,859 --> 00:09:25,264 You do need to pay for that. 326 00:09:25,269 --> 00:09:27,064 That is a cost of 327 00:09:27,064 --> 00:09:28,234 doing business. 328 00:09:28,521 --> 00:09:29,871 I don't think there is any 329 00:09:29,876 --> 00:09:31,881 scenario where we would 330 00:09:31,881 --> 00:09:33,021 think that if it was a 331 00:09:33,021 --> 00:09:34,971 physical product that we 332 00:09:35,061 --> 00:09:36,444 would be able to take someone 333 00:09:36,444 --> 00:09:37,374 else's finished product. 334 00:09:37,374 --> 00:09:39,054 So if I am a screw 335 00:09:39,054 --> 00:09:40,764 manufacturer, screws are my 336 00:09:40,764 --> 00:09:43,257 finished product and I make, 337 00:09:43,494 --> 00:09:45,148 cars and I need their screw. 338 00:09:45,421 --> 00:09:46,648 So their finished product 339 00:09:46,678 --> 00:09:49,198 is my raw material. 340 00:09:49,311 --> 00:09:50,781 I pay for that raw 341 00:09:50,786 --> 00:09:52,221 material to include in 342 00:09:52,221 --> 00:09:53,301 my finished product. 343 00:09:53,741 --> 00:09:56,238 so, I want us to think about 344 00:09:56,358 --> 00:09:57,558 other people's finished 345 00:09:57,558 --> 00:09:59,718 products in the same way 346 00:09:59,928 --> 00:10:01,718 when we are using them as raw 347 00:10:01,723 --> 00:10:04,238 materials for our finished 348 00:10:04,388 --> 00:10:06,220 products there's my lecture. 349 00:10:06,220 --> 00:10:08,194 So think about, do you 350 00:10:08,194 --> 00:10:10,606 really think it would be 351 00:10:10,606 --> 00:10:12,903 reasonable to use somebody 352 00:10:12,903 --> 00:10:14,373 else's finished product? 353 00:10:14,568 --> 00:10:16,278 As raw materials for our 354 00:10:16,278 --> 00:10:17,942 finished products and 355 00:10:18,002 --> 00:10:19,294 generally, you know, I'm an 356 00:10:19,294 --> 00:10:20,674 intellectual profit lawyer. 357 00:10:20,949 --> 00:10:22,929 I am going to say what you 358 00:10:22,929 --> 00:10:25,089 need to do for the most part, 359 00:10:25,089 --> 00:10:25,989 and there will always be 360 00:10:25,994 --> 00:10:28,138 exceptions, but for the most 361 00:10:28,138 --> 00:10:31,048 part, you need to purchase the 362 00:10:31,048 --> 00:10:32,848 right to acquire the right. 363 00:10:32,848 --> 00:10:33,958 It may not cost you anything, 364 00:10:33,958 --> 00:10:35,737 but it probably will acquire 365 00:10:35,737 --> 00:10:37,717 the right to use somebody 366 00:10:37,717 --> 00:10:39,637 else's finished product as 367 00:10:39,637 --> 00:10:41,017 a raw material for yours. 368 00:10:41,287 --> 00:10:44,000 So securing permission is 369 00:10:44,030 --> 00:10:45,950 really the only way you can 370 00:10:45,950 --> 00:10:48,050 ensure that the intended use 371 00:10:48,332 --> 00:10:50,270 is not an infringement of 372 00:10:50,270 --> 00:10:52,130 the copyright owner's rights. 373 00:10:52,500 --> 00:10:54,900 I mentioned fair use briefly. 374 00:10:55,200 --> 00:10:56,898 I never teach people 375 00:10:57,527 --> 00:10:58,847 how to use fair use. 376 00:10:59,207 --> 00:11:01,637 Fair use is a defense. 377 00:11:01,877 --> 00:11:03,757 So, I will say, when I 378 00:11:03,757 --> 00:11:05,077 was in the film business, 379 00:11:05,077 --> 00:11:06,408 I, was a motion picture 380 00:11:06,408 --> 00:11:07,968 lawyer for about 10 years, 381 00:11:08,343 --> 00:11:09,948 and we would have to 382 00:11:09,948 --> 00:11:12,438 make fair use judgements 383 00:11:12,438 --> 00:11:13,518 as we were shooting. 384 00:11:13,849 --> 00:11:15,559 let's say we're shooting 385 00:11:15,619 --> 00:11:17,699 inside of a, grocery store, 386 00:11:18,055 --> 00:11:19,585 and so your characters 387 00:11:19,585 --> 00:11:20,395 are walking through the 388 00:11:20,395 --> 00:11:21,655 aisles, you're not going 389 00:11:21,655 --> 00:11:24,219 to clear every single, box 390 00:11:24,219 --> 00:11:26,969 of cereal and, soda that 391 00:11:27,136 --> 00:11:28,816 shows up on screen as your 392 00:11:28,816 --> 00:11:30,076 characters walk through 393 00:11:30,076 --> 00:11:32,336 the aisles, but you will. 394 00:11:32,336 --> 00:11:33,716 So we would have to make fair 395 00:11:33,716 --> 00:11:35,954 use judgements about, what was 396 00:11:35,959 --> 00:11:38,424 on screen in the background. 397 00:11:38,694 --> 00:11:40,524 What could we use? 398 00:11:40,524 --> 00:11:40,584 I. 399 00:11:40,855 --> 00:11:43,195 As a fair use and what 400 00:11:43,225 --> 00:11:44,155 we would either need 401 00:11:44,155 --> 00:11:45,415 to secure the rights 402 00:11:45,415 --> 00:11:47,395 to use or to blur out. 403 00:11:47,395 --> 00:11:48,475 Sometimes you shoot something 404 00:11:48,475 --> 00:11:49,975 and then it comes out later. 405 00:11:50,264 --> 00:11:51,251 We would do, this 406 00:11:51,256 --> 00:11:52,001 is a little aside. 407 00:11:52,169 --> 00:11:52,871 We would look at 408 00:11:52,876 --> 00:11:53,981 dailies every day. 409 00:11:53,981 --> 00:11:54,761 We would see what 410 00:11:54,761 --> 00:11:55,721 was shot that day. 411 00:11:56,133 --> 00:11:57,273 And as the production lawyer, 412 00:11:57,273 --> 00:11:57,963 you had to look through the 413 00:11:57,963 --> 00:11:59,673 dailies and make sure that 414 00:11:59,673 --> 00:12:01,023 anything that appeared on 415 00:12:01,023 --> 00:12:02,433 screen was cleared for use. 416 00:12:02,871 --> 00:12:04,286 So if you, got the dailies, 417 00:12:04,286 --> 00:12:05,396 you didn't know that they 418 00:12:05,401 --> 00:12:06,536 were gonna do something, 419 00:12:06,894 --> 00:12:07,789 that day, and then you 420 00:12:07,789 --> 00:12:08,449 get the dailies like 421 00:12:08,479 --> 00:12:09,847 what, the main characters. 422 00:12:09,876 --> 00:12:11,166 stands right in front 423 00:12:11,166 --> 00:12:13,086 of the cereal aisle and 424 00:12:13,086 --> 00:12:14,834 clear as day, or, corn 425 00:12:14,954 --> 00:12:17,501 Flakes and, Cheerios, and 426 00:12:17,501 --> 00:12:18,797 they're having an argument. 427 00:12:18,981 --> 00:12:19,971 even the context 428 00:12:19,971 --> 00:12:20,871 sometimes mattered. 429 00:12:20,871 --> 00:12:22,251 if something wonderful is 430 00:12:22,251 --> 00:12:23,721 happening, then something 431 00:12:23,721 --> 00:12:24,561 terrible is happening. 432 00:12:24,561 --> 00:12:26,050 Like, eh, maybe you 433 00:12:26,050 --> 00:12:27,783 have to blur it, you 434 00:12:27,783 --> 00:12:28,533 and you can't use it. 435 00:12:28,888 --> 00:12:30,805 All that to say is that, 436 00:12:30,895 --> 00:12:32,925 once again, fair use, 437 00:12:32,985 --> 00:12:35,115 extremely fact specific, 438 00:12:35,385 --> 00:12:36,945 and it's something that 439 00:12:36,945 --> 00:12:38,535 needs to be looked at 440 00:12:38,895 --> 00:12:40,125 after you have all the 441 00:12:40,130 --> 00:12:41,325 facts in place and you know 442 00:12:41,325 --> 00:12:42,405 what's gonna happen there. 443 00:12:42,405 --> 00:12:43,125 It's not something that 444 00:12:43,125 --> 00:12:44,985 can be judged upfront. 445 00:12:45,297 --> 00:12:45,717 All right. 446 00:12:45,747 --> 00:12:47,667 So with that in mind, 447 00:12:47,727 --> 00:12:48,987 if you're going to use 448 00:12:49,017 --> 00:12:51,477 anybody else's materials, 449 00:12:51,589 --> 00:12:52,907 anyone else's materials 450 00:12:52,967 --> 00:12:54,407 in yours, then you 451 00:12:54,407 --> 00:12:55,937 should secure permission. 452 00:12:56,280 --> 00:12:56,994 So what's the 453 00:12:56,994 --> 00:12:57,894 process for that? 454 00:12:58,254 --> 00:13:00,864 First, you want to find out 455 00:13:00,954 --> 00:13:02,484 is it in fact protected? 456 00:13:02,514 --> 00:13:04,164 Now, if you're talking about 457 00:13:04,344 --> 00:13:05,574 a current thought leader, 458 00:13:05,574 --> 00:13:06,354 and I'm assuming these are. 459 00:13:06,635 --> 00:13:07,529 Current thought leaders 460 00:13:07,529 --> 00:13:09,026 books, then the likelihood 461 00:13:09,026 --> 00:13:10,911 is extremely high that 462 00:13:10,911 --> 00:13:11,871 book is eligible for 463 00:13:11,871 --> 00:13:12,951 copyright protection. 464 00:13:13,208 --> 00:13:14,721 But you know, as a formality, 465 00:13:14,721 --> 00:13:15,801 we would confirm that, 466 00:13:16,094 --> 00:13:17,984 maybe it's something from 467 00:13:17,984 --> 00:13:19,791 before, like, I don't know 468 00:13:19,791 --> 00:13:21,458 how long ago was, things 469 00:13:21,458 --> 00:13:23,095 like, how to win friends 470 00:13:23,095 --> 00:13:24,145 and influence people, like 471 00:13:24,394 --> 00:13:26,488 maybe that was published 472 00:13:26,548 --> 00:13:28,168 during a time when copyright 473 00:13:28,168 --> 00:13:29,998 notices were required 474 00:13:30,293 --> 00:13:31,461 and it didn't have one. 475 00:13:31,461 --> 00:13:33,471 So back then, if you didn't, 476 00:13:33,471 --> 00:13:34,911 literally didn't have that, 477 00:13:35,124 --> 00:13:36,894 see in a circle and the formal 478 00:13:36,894 --> 00:13:37,974 copyright notice on there, 479 00:13:37,979 --> 00:13:39,273 you, it wouldn't be protected. 480 00:13:39,410 --> 00:13:40,790 So maybe it's something 481 00:13:40,790 --> 00:13:41,330 that slipped through 482 00:13:41,335 --> 00:13:42,080 the cracks there. 483 00:13:42,380 --> 00:13:43,760 Maybe it was published 484 00:13:43,765 --> 00:13:45,044 so long ago that the. 485 00:13:45,261 --> 00:13:46,994 period of protection has 486 00:13:46,994 --> 00:13:48,644 passed and is now in the 487 00:13:48,644 --> 00:13:50,734 public domain, or maybe 488 00:13:50,734 --> 00:13:52,264 it falls into a category 489 00:13:52,264 --> 00:13:53,614 of works that are not 490 00:13:53,619 --> 00:13:55,744 copyrightable, like facts 491 00:13:55,744 --> 00:13:57,364 or natural phenomenon. 492 00:13:57,736 --> 00:13:59,611 so it's possible that, the 493 00:13:59,616 --> 00:14:01,229 book or the portions of the 494 00:14:01,234 --> 00:14:02,489 book that you wanna reproduce, 495 00:14:02,489 --> 00:14:03,389 you, obviously you're not 496 00:14:03,449 --> 00:14:04,889 copying the whole thing, but 497 00:14:04,889 --> 00:14:06,359 that the portion of the book 498 00:14:06,359 --> 00:14:07,859 that you want to reproduce 499 00:14:07,889 --> 00:14:09,059 is not copyrightable. 500 00:14:09,423 --> 00:14:10,804 but for the purposes of this 501 00:14:10,804 --> 00:14:12,754 conversation, let's assume 502 00:14:12,754 --> 00:14:14,374 that it is copyrightable 503 00:14:14,604 --> 00:14:15,444 and is, protectable. 504 00:14:16,095 --> 00:14:17,000 So now you may need 505 00:14:17,000 --> 00:14:18,470 to identify the owner. 506 00:14:18,806 --> 00:14:21,326 it could be as simple as 507 00:14:21,326 --> 00:14:23,366 looking at the title page. 508 00:14:23,546 --> 00:14:25,616 So the back of the title page 509 00:14:25,872 --> 00:14:28,376 there will be the copyright 510 00:14:28,376 --> 00:14:30,146 statement where it will say 511 00:14:30,146 --> 00:14:32,006 who the copyright owner is. 512 00:14:32,362 --> 00:14:33,292 that's typically found the 513 00:14:33,292 --> 00:14:34,452 back of the copyright page. 514 00:14:34,866 --> 00:14:36,756 However, that would state 515 00:14:36,756 --> 00:14:38,286 who the copyright owner was 516 00:14:38,286 --> 00:14:40,476 at the time of publication. 517 00:14:40,872 --> 00:14:42,732 That can change a couple 518 00:14:42,732 --> 00:14:44,292 of things could be that 519 00:14:44,592 --> 00:14:46,302 either the writer who I'm 520 00:14:46,422 --> 00:14:47,172 just gonna assume is the 521 00:14:47,172 --> 00:14:48,909 thought leader is no longer 522 00:14:48,914 --> 00:14:50,712 the copyright owner or never 523 00:14:50,717 --> 00:14:51,852 was the copyright owner. 524 00:14:52,223 --> 00:14:54,102 So let's say for instance, 525 00:14:54,351 --> 00:14:56,742 the thought leader worked for. 526 00:14:57,122 --> 00:14:58,678 I b m, maybe it was, I 527 00:14:58,678 --> 00:14:59,278 can remember his name, 528 00:14:59,278 --> 00:15:00,958 Jack Welsh gm, right? 529 00:15:01,233 --> 00:15:02,411 So maybe when he wrote 530 00:15:02,535 --> 00:15:04,725 a well-known book and 531 00:15:04,785 --> 00:15:06,435 maybe when he wrote it, 532 00:15:06,435 --> 00:15:08,235 it was in his role as c 533 00:15:08,235 --> 00:15:10,485 e O of General Electric. 534 00:15:10,773 --> 00:15:12,225 And General Electric actually 535 00:15:12,230 --> 00:15:13,165 owns the copyright in 536 00:15:13,170 --> 00:15:14,565 his book, not Jack Welsh. 537 00:15:14,896 --> 00:15:16,816 that also may apply, that 538 00:15:17,118 --> 00:15:20,576 maybe, I write a novel at, my. 539 00:15:20,759 --> 00:15:21,569 Business is Aaron 540 00:15:21,569 --> 00:15:22,889 oss la P e l c. 541 00:15:23,223 --> 00:15:25,537 And someday, I sell it. 542 00:15:25,537 --> 00:15:26,377 And then when I sell 543 00:15:26,377 --> 00:15:27,487 my business, maybe I 544 00:15:27,487 --> 00:15:29,857 also sell the work that 545 00:15:29,862 --> 00:15:31,687 is the underlying, big 546 00:15:31,687 --> 00:15:33,007 idea underneath the 547 00:15:33,007 --> 00:15:34,177 business that I sell. 548 00:15:34,425 --> 00:15:35,707 And so I also sell the 549 00:15:35,707 --> 00:15:37,177 copyright in the book, 550 00:15:37,528 --> 00:15:38,848 to the acquiring company. 551 00:15:39,058 --> 00:15:40,715 So it could be that, the 552 00:15:40,715 --> 00:15:42,425 book was written for somebody 553 00:15:42,425 --> 00:15:44,485 else as a work for hire, or 554 00:15:44,485 --> 00:15:46,405 it was sold in the interim. 555 00:15:46,795 --> 00:15:49,165 Or I pass it on to my 556 00:15:49,165 --> 00:15:50,365 son when it's time for 557 00:15:50,365 --> 00:15:51,385 me to leave this realm. 558 00:15:51,555 --> 00:15:52,345 So there are a number of 559 00:15:52,345 --> 00:15:54,115 reasons why the copyright 560 00:15:54,115 --> 00:15:55,315 owner listed in the 561 00:15:55,315 --> 00:15:56,755 book may not, be the 562 00:15:56,755 --> 00:15:58,465 current owner as the time 563 00:15:58,465 --> 00:15:59,335 that you wanna use it. 564 00:15:59,680 --> 00:16:01,120 Another way you can find 565 00:16:01,120 --> 00:16:02,710 out is that you can go to 566 00:16:02,710 --> 00:16:05,410 the us copyright has public 567 00:16:05,410 --> 00:16:07,630 records, and now as you know, 568 00:16:07,630 --> 00:16:08,590 not everything is always 569 00:16:08,590 --> 00:16:10,180 registered, but if it's been 570 00:16:10,180 --> 00:16:11,170 registered and that's been 571 00:16:11,170 --> 00:16:12,733 up to date, you search it 572 00:16:12,733 --> 00:16:13,963 by title and it will show 573 00:16:13,963 --> 00:16:15,223 you who the copyright owner 574 00:16:15,223 --> 00:16:17,466 is as of time of searching 575 00:16:17,466 --> 00:16:18,936 based on the public records. 576 00:16:19,333 --> 00:16:20,703 So we identify who the owner 577 00:16:20,703 --> 00:16:21,963 is to the best of our ability. 578 00:16:22,353 --> 00:16:25,083 And then we identify what 579 00:16:25,083 --> 00:16:26,823 rights do we need, what 580 00:16:26,823 --> 00:16:28,533 exactly do we wanna do 581 00:16:28,563 --> 00:16:30,033 with the work that we get 582 00:16:30,033 --> 00:16:31,233 from the thought leader? 583 00:16:31,567 --> 00:16:33,824 So, You'll wanna identify 584 00:16:33,824 --> 00:16:36,254 which material you wanna use. 585 00:16:36,644 --> 00:16:37,664 And then you look at that 586 00:16:37,664 --> 00:16:38,984 bundle of rights, that 587 00:16:38,984 --> 00:16:41,121 compromise, copyrights, and 588 00:16:41,126 --> 00:16:42,201 we talked about them before, 589 00:16:42,206 --> 00:16:43,521 reproduction, distribution, 590 00:16:43,521 --> 00:16:45,081 display performance. 591 00:16:45,361 --> 00:16:46,891 And so which of those bundle 592 00:16:46,891 --> 00:16:48,181 of rights do you need for 593 00:16:48,181 --> 00:16:49,501 what you wanna do with it? 594 00:16:49,839 --> 00:16:51,664 let's say you wanna be able 595 00:16:51,664 --> 00:16:53,801 to make copies, probably 596 00:16:53,801 --> 00:16:54,814 if you're gonna include 597 00:16:54,814 --> 00:16:55,744 it in your workbooks, and 598 00:16:55,744 --> 00:16:56,494 you're gonna distribute 599 00:16:56,494 --> 00:16:57,724 that to the participants. 600 00:16:58,259 --> 00:16:58,799 Maybe you wanna 601 00:16:58,859 --> 00:16:59,879 create a derivative. 602 00:16:59,879 --> 00:17:01,019 So maybe you wanna use 603 00:17:01,019 --> 00:17:01,859 something that you found 604 00:17:01,859 --> 00:17:03,899 in the book to create a 605 00:17:03,899 --> 00:17:05,429 script for role-playing. 606 00:17:05,798 --> 00:17:06,578 especially like, let's say 607 00:17:06,578 --> 00:17:07,418 you're doing role-playing 608 00:17:07,423 --> 00:17:08,348 in your workshop, and so 609 00:17:08,348 --> 00:17:09,668 you're using that as a script 610 00:17:09,851 --> 00:17:11,315 that's creating a derivative. 611 00:17:11,632 --> 00:17:13,012 maybe you want to 612 00:17:13,136 --> 00:17:14,445 distribute copies of it. 613 00:17:14,688 --> 00:17:16,095 So if this is a course that 614 00:17:16,095 --> 00:17:17,835 you're selling online, then 615 00:17:17,835 --> 00:17:18,945 you would need the right 616 00:17:18,945 --> 00:17:20,295 to distribute copies of it. 617 00:17:20,674 --> 00:17:22,354 perform the work, display 618 00:17:22,354 --> 00:17:23,764 the work, transmit the work. 619 00:17:24,071 --> 00:17:26,544 or to authorize a third party 620 00:17:26,544 --> 00:17:28,404 to do any of those things, 621 00:17:28,764 --> 00:17:30,354 such as if you're creating a 622 00:17:30,354 --> 00:17:31,704 workshop that you will license 623 00:17:31,709 --> 00:17:33,294 to other people, then you 624 00:17:33,294 --> 00:17:35,527 need to be able to, authorize 625 00:17:35,527 --> 00:17:37,724 third parties to also make 626 00:17:37,724 --> 00:17:39,884 copies, distribute, et cetera. 627 00:17:40,309 --> 00:17:42,227 So what rights do you need? 628 00:17:42,595 --> 00:17:44,637 And then you need to contact 629 00:17:44,637 --> 00:17:46,797 that owner and you may need 630 00:17:46,797 --> 00:17:48,027 to negotiate a payment. 631 00:17:48,475 --> 00:17:50,335 Hopefully we've found 632 00:17:50,335 --> 00:17:51,625 the correct owner and 633 00:17:51,625 --> 00:17:53,035 we can contact them. 634 00:17:53,383 --> 00:17:56,086 it may be that, yes, the 635 00:17:56,088 --> 00:17:57,738 owner of the copyright is 636 00:17:57,738 --> 00:17:59,846 still the thought leader, but 637 00:18:00,015 --> 00:18:02,388 the thought leader Licensed 638 00:18:02,448 --> 00:18:05,378 all of the rights to, give 639 00:18:05,378 --> 00:18:07,898 permissions to the publisher. 640 00:18:08,121 --> 00:18:09,728 So that's not at all unusual. 641 00:18:09,728 --> 00:18:10,898 If you go the traditional 642 00:18:10,958 --> 00:18:12,758 publisher route, you sign 643 00:18:12,758 --> 00:18:14,318 a publishing deal, the 644 00:18:14,323 --> 00:18:15,698 publisher gets exclusive 645 00:18:15,698 --> 00:18:16,808 rights to distribute the 646 00:18:16,808 --> 00:18:19,268 book, but it also gets what 647 00:18:19,268 --> 00:18:20,858 are called ancillary rights, 648 00:18:21,137 --> 00:18:21,908 which would include the 649 00:18:21,908 --> 00:18:23,818 right to control, you who. 650 00:18:24,010 --> 00:18:25,371 gets permission, and the 651 00:18:25,371 --> 00:18:27,651 ability to license portions of 652 00:18:27,651 --> 00:18:29,681 the book and charge a fee for 653 00:18:29,681 --> 00:18:31,294 it, or just give permission, 654 00:18:31,294 --> 00:18:33,124 for academic settings, that 655 00:18:33,124 --> 00:18:35,374 will often be a right that's 656 00:18:35,374 --> 00:18:36,394 granted to the publisher. 657 00:18:36,394 --> 00:18:36,454 I. 658 00:18:36,813 --> 00:18:38,232 So you may need to go to the 659 00:18:38,232 --> 00:18:39,312 publisher for that, which 660 00:18:39,312 --> 00:18:41,472 actually, frankly is simpler. 661 00:18:41,725 --> 00:18:43,575 and, sometimes there will 662 00:18:43,575 --> 00:18:45,305 be, directions right on the 663 00:18:45,305 --> 00:18:47,315 copyright page about how 664 00:18:47,315 --> 00:18:49,295 to contact the publisher to 665 00:18:49,295 --> 00:18:51,660 get rights, cleared for use. 666 00:18:52,068 --> 00:18:54,405 And there are also websites 667 00:18:54,495 --> 00:18:56,456 that assist in this, one 668 00:18:56,456 --> 00:18:58,256 of them, copyright.com. 669 00:18:58,607 --> 00:19:00,503 It is a copyright clearance 670 00:19:00,503 --> 00:19:01,493 marketplace where you 671 00:19:01,493 --> 00:19:02,903 go in there and you 672 00:19:02,908 --> 00:19:04,043 search for publications. 673 00:19:04,043 --> 00:19:05,783 Let's say there's an article 674 00:19:05,783 --> 00:19:07,013 in Forbes Magazine that you 675 00:19:07,013 --> 00:19:08,899 wanna use and you can go in 676 00:19:08,899 --> 00:19:11,169 there and, if the publication 677 00:19:11,169 --> 00:19:13,169 or the publishing house has an 678 00:19:13,169 --> 00:19:14,849 arrangement with the copyright 679 00:19:14,849 --> 00:19:17,022 clearance, marketplace, then 680 00:19:17,142 --> 00:19:18,462 it'll say right there, like, 681 00:19:18,752 --> 00:19:20,882 you can license it for us. 682 00:19:21,133 --> 00:19:22,273 it'll ask you like what the 683 00:19:22,278 --> 00:19:23,533 use will be like, such as 684 00:19:23,538 --> 00:19:25,273 business use, and they may 685 00:19:25,273 --> 00:19:27,373 already have preset fees. 686 00:19:27,606 --> 00:19:28,373 and it'll makes it. 687 00:19:28,508 --> 00:19:29,498 Fairly simple. 688 00:19:29,498 --> 00:19:31,368 If, you do have a third party, 689 00:19:31,643 --> 00:19:33,173 clearance house that can help 690 00:19:33,173 --> 00:19:34,777 you with that and then whether 691 00:19:34,777 --> 00:19:36,461 or not there is a fee that 692 00:19:36,511 --> 00:19:37,651 you might not wanna offer 693 00:19:37,656 --> 00:19:39,091 one, but they may ask for one. 694 00:19:39,091 --> 00:19:39,451 Right? 695 00:19:39,782 --> 00:19:41,394 And then you want to get 696 00:19:41,399 --> 00:19:43,884 the permission in writing. 697 00:19:44,221 --> 00:19:46,447 the best case scenario is it 698 00:19:46,447 --> 00:19:49,017 is original and ink signed. 699 00:19:49,354 --> 00:19:50,914 By that I mean, wet signature. 700 00:19:50,914 --> 00:19:52,114 Someone's literally printing 701 00:19:52,119 --> 00:19:53,494 something out, using a pen 702 00:19:53,584 --> 00:19:54,664 and signing it, and you get 703 00:19:54,664 --> 00:19:56,361 a copy of that, original 704 00:19:56,366 --> 00:19:57,991 ink signed, permission. 705 00:19:58,207 --> 00:19:59,767 However, when we're talking 706 00:19:59,767 --> 00:20:01,964 about using permissions in 707 00:20:01,964 --> 00:20:03,464 our courses or workshops, we 708 00:20:03,554 --> 00:20:05,674 are absolutely, asking to use 709 00:20:05,674 --> 00:20:07,354 it on a non-exclusive basis. 710 00:20:07,757 --> 00:20:09,317 where it's not a transfer of 711 00:20:09,317 --> 00:20:11,027 ownership rights of any kind. 712 00:20:11,483 --> 00:20:13,283 And so in writing 713 00:20:13,617 --> 00:20:15,169 can be by email. 714 00:20:15,506 --> 00:20:17,637 you can get non-exclusive 715 00:20:17,817 --> 00:20:19,617 license to use copyrighted 716 00:20:19,617 --> 00:20:21,026 materials without 717 00:20:21,026 --> 00:20:21,926 it being in writing. 718 00:20:21,931 --> 00:20:22,856 You can even get it orally. 719 00:20:22,856 --> 00:20:23,876 I wouldn't recommend that 720 00:20:23,876 --> 00:20:24,806 'cause you wanna definitely 721 00:20:24,806 --> 00:20:25,886 have a written record. 722 00:20:26,300 --> 00:20:27,800 so having it by email. 723 00:20:28,196 --> 00:20:29,593 Would be sufficient. 724 00:20:29,983 --> 00:20:32,203 However, I would say that 725 00:20:32,482 --> 00:20:33,592 the bigger the investment 726 00:20:33,597 --> 00:20:35,601 would be, the more formality 727 00:20:35,601 --> 00:20:36,681 you wanna go through. 728 00:20:36,953 --> 00:20:37,643 If you're asked to 729 00:20:37,913 --> 00:20:39,503 pay a license fee, 730 00:20:39,503 --> 00:20:40,493 that's substantial. 731 00:20:40,493 --> 00:20:41,963 Obviously, you want to 732 00:20:41,963 --> 00:20:43,523 have more formality than if 733 00:20:43,523 --> 00:20:45,653 someone says, sure, go ahead. 734 00:20:45,942 --> 00:20:47,513 If you're going to be making 735 00:20:47,513 --> 00:20:49,313 a substantial investment in 736 00:20:49,313 --> 00:20:50,963 resources, let's say you're 737 00:20:50,963 --> 00:20:52,943 incorporating it into a book. 738 00:20:53,207 --> 00:20:54,377 And then you're gonna go to 739 00:20:54,377 --> 00:20:55,817 print with this book, and 740 00:20:55,817 --> 00:20:57,407 so there's a big investment. 741 00:20:57,737 --> 00:20:59,777 Then you absolutely have more 742 00:20:59,777 --> 00:21:01,277 formalities if you're going to 743 00:21:01,277 --> 00:21:02,567 making that kind of investment 744 00:21:02,858 --> 00:21:03,707 something that you're 745 00:21:03,707 --> 00:21:05,457 putting, in a digital course. 746 00:21:05,457 --> 00:21:06,507 And not that you shouldn't 747 00:21:06,507 --> 00:21:07,977 go through the formalities, 748 00:21:07,977 --> 00:21:09,707 you should, but if you're 749 00:21:09,712 --> 00:21:10,487 something that's going to 750 00:21:10,487 --> 00:21:12,647 go into your course that 751 00:21:12,647 --> 00:21:13,937 if something happened 752 00:21:13,937 --> 00:21:14,957 and you had to take it 753 00:21:14,957 --> 00:21:15,923 out, you don't have to. 754 00:21:16,038 --> 00:21:17,175 get a second mortgage on your 755 00:21:17,175 --> 00:21:18,599 house in order to do this. 756 00:21:18,904 --> 00:21:20,824 Then the formalities 757 00:21:20,824 --> 00:21:22,978 should be consistent with 758 00:21:23,089 --> 00:21:24,558 the level of investment. 759 00:21:24,588 --> 00:21:25,861 You whether or not you have 760 00:21:25,861 --> 00:21:27,121 lawyers involved and have 761 00:21:27,121 --> 00:21:28,884 things like that consistent 762 00:21:28,884 --> 00:21:31,384 with the use, for that item. 763 00:21:31,706 --> 00:21:33,668 So, what is the 764 00:21:33,668 --> 00:21:34,388 written permission? 765 00:21:34,388 --> 00:21:35,948 It can be pretty simple. 766 00:21:36,187 --> 00:21:37,027 people think it's 767 00:21:37,027 --> 00:21:37,717 gonna be a big deal. 768 00:21:37,722 --> 00:21:38,707 It really is not. 769 00:21:38,707 --> 00:21:39,577 Again, you could be 770 00:21:39,577 --> 00:21:41,137 by email once you know 771 00:21:41,137 --> 00:21:41,737 who you're asking. 772 00:21:41,742 --> 00:21:42,487 You do wanna make sure you're 773 00:21:42,487 --> 00:21:43,477 asking the right person. 774 00:21:43,878 --> 00:21:44,718 it doesn't need to be a 775 00:21:44,718 --> 00:21:46,188 long, complicated document. 776 00:21:46,405 --> 00:21:47,785 Absolutely can be a 777 00:21:47,785 --> 00:21:48,895 one pager if it's. 778 00:21:48,960 --> 00:21:50,460 In writing, and by 779 00:21:50,460 --> 00:21:51,720 then, I mean on paper. 780 00:21:52,077 --> 00:21:53,337 but the minimums 781 00:21:53,577 --> 00:21:55,107 are fairly simple. 782 00:21:55,301 --> 00:21:56,171 you just wanna make sure 783 00:21:56,176 --> 00:21:57,431 you have the following. 784 00:21:57,698 --> 00:21:58,808 You wanna just say who 785 00:21:58,808 --> 00:22:00,368 you are and what you do. 786 00:22:00,724 --> 00:22:03,094 You wanna have an accurate but 787 00:22:03,094 --> 00:22:05,847 brief, identification of what 788 00:22:05,847 --> 00:22:07,737 material exactly you're using. 789 00:22:07,737 --> 00:22:08,607 I wanna use the 790 00:22:08,607 --> 00:22:10,197 graphic on page 25. 791 00:22:10,462 --> 00:22:12,119 or I wanna use the entire, 792 00:22:12,279 --> 00:22:14,208 chapter perhaps, And so 793 00:22:14,291 --> 00:22:16,151 identify specifically what 794 00:22:16,151 --> 00:22:18,011 you want to use, how you're 795 00:22:18,011 --> 00:22:19,091 going to use the content. 796 00:22:19,091 --> 00:22:20,261 I'm going to be using 797 00:22:20,261 --> 00:22:22,241 this in my d e I training. 798 00:22:22,481 --> 00:22:23,681 I'm gonna be using this 799 00:22:23,681 --> 00:22:24,885 in an evergreen course. 800 00:22:25,245 --> 00:22:26,205 I'm gonna be putting this 801 00:22:26,205 --> 00:22:27,615 in my book, how you're 802 00:22:27,620 --> 00:22:28,815 going to use the content, 803 00:22:29,158 --> 00:22:31,048 and where you will use it, 804 00:22:31,108 --> 00:22:33,545 you seminar, webinar, et 805 00:22:33,550 --> 00:22:36,288 cetera, online, in person. 806 00:22:36,473 --> 00:22:37,373 how you're gonna use it, 807 00:22:37,653 --> 00:22:39,123 and then for how long you're 808 00:22:39,123 --> 00:22:40,203 gonna use the content. 809 00:22:40,503 --> 00:22:41,733 So how long you're gonna use 810 00:22:41,733 --> 00:22:43,683 it is gonna be very different. 811 00:22:43,974 --> 00:22:46,381 if you're giving a, a speech, 812 00:22:46,664 --> 00:22:48,893 at a conference versus if 813 00:22:48,893 --> 00:22:50,123 you're going to be creating 814 00:22:50,123 --> 00:22:51,173 an evergreen course that's 815 00:22:51,178 --> 00:22:52,973 gonna be available online 816 00:22:52,973 --> 00:22:54,843 for, as long as the material 817 00:22:54,873 --> 00:22:56,073 is useful and relevant. 818 00:22:56,393 --> 00:22:57,409 and, know, whether or 819 00:22:57,409 --> 00:22:58,969 not you offer payment 820 00:22:59,219 --> 00:23:00,519 that will be your choice. 821 00:23:00,832 --> 00:23:02,059 if you don't, and the rights 822 00:23:02,064 --> 00:23:03,589 holder may request payment, 823 00:23:03,589 --> 00:23:05,299 and that will be an analysis 824 00:23:05,299 --> 00:23:07,509 for you to, understand the 825 00:23:07,509 --> 00:23:09,189 value of having this material 826 00:23:09,189 --> 00:23:10,992 included, against what 827 00:23:10,992 --> 00:23:11,982 they're asking you to pay. 828 00:23:12,072 --> 00:23:13,122 So it may turn out that 829 00:23:13,122 --> 00:23:14,892 it doesn't make sense from 830 00:23:14,892 --> 00:23:16,452 a financial perspective. 831 00:23:16,873 --> 00:23:19,028 and if you do ask for it by 832 00:23:19,058 --> 00:23:21,218 email and you do want the full 833 00:23:21,278 --> 00:23:22,628 formalities, you can still 834 00:23:22,628 --> 00:23:24,458 send it by email, ask them 835 00:23:24,458 --> 00:23:25,658 to print it out, ask them to 836 00:23:25,658 --> 00:23:28,478 sign it and return it to you. 837 00:23:28,675 --> 00:23:29,725 and scanned copy 838 00:23:29,725 --> 00:23:30,685 would be fine. 839 00:23:30,795 --> 00:23:31,962 so long as it's not a 840 00:23:31,962 --> 00:23:33,462 transfer of ownership, 841 00:23:33,775 --> 00:23:34,615 in which case you'd want 842 00:23:34,615 --> 00:23:35,635 an original copying. 843 00:23:36,095 --> 00:23:38,118 All right, so, When you're, 844 00:23:38,168 --> 00:23:40,532 creating a course using 845 00:23:40,532 --> 00:23:42,365 somebody else's book, if you 846 00:23:42,365 --> 00:23:44,672 do it without permission, it 847 00:23:44,732 --> 00:23:46,472 could result in legal action. 848 00:23:46,812 --> 00:23:48,342 worst case scenario of course 849 00:23:48,372 --> 00:23:49,782 is someone be suing you. 850 00:23:49,842 --> 00:23:52,122 Almost nobody starts there. 851 00:23:52,692 --> 00:23:54,132 Almost everyone starts 852 00:23:54,132 --> 00:23:55,782 with a cease and desist. 853 00:23:56,133 --> 00:23:56,951 but that's not something 854 00:23:56,951 --> 00:23:57,761 that you wanna have happen. 855 00:23:57,761 --> 00:23:59,651 you will have invested. 856 00:24:00,233 --> 00:24:02,273 Time and resources in 857 00:24:02,273 --> 00:24:03,833 creating your workshop, 858 00:24:04,103 --> 00:24:05,453 creating your course. 859 00:24:05,796 --> 00:24:07,116 Before you put in those 860 00:24:07,116 --> 00:24:08,106 investments, you wanna 861 00:24:08,111 --> 00:24:09,516 make sure that you 862 00:24:09,516 --> 00:24:10,566 have permission to use 863 00:24:10,596 --> 00:24:11,946 everything that is in there. 864 00:24:12,285 --> 00:24:13,633 And in addition to 865 00:24:13,633 --> 00:24:15,763 losing those resources 866 00:24:15,763 --> 00:24:16,783 that you've committed, 867 00:24:17,098 --> 00:24:17,945 let's say you have to. 868 00:24:18,105 --> 00:24:19,935 Claw it back from someone 869 00:24:19,935 --> 00:24:21,015 that you've sold it to. 870 00:24:21,405 --> 00:24:22,785 What if you have to tell 871 00:24:22,785 --> 00:24:24,765 a client that you have, 872 00:24:24,765 --> 00:24:25,935 let's say you've licensed 873 00:24:25,935 --> 00:24:27,165 your workshop to them for 874 00:24:27,165 --> 00:24:29,295 them to use throughout 875 00:24:29,295 --> 00:24:31,245 their organization, and 876 00:24:31,250 --> 00:24:32,655 now you have to retract 877 00:24:32,655 --> 00:24:33,585 permission for that. 878 00:24:33,877 --> 00:24:35,655 How mortifying would that be? 879 00:24:36,025 --> 00:24:38,325 And so I just want you to, 880 00:24:38,642 --> 00:24:41,012 take a conservative view 881 00:24:41,246 --> 00:24:43,179 if you're going to use 882 00:24:43,184 --> 00:24:44,529 somebody else's materials. 883 00:24:44,793 --> 00:24:47,386 To make money for this to 884 00:24:47,386 --> 00:24:48,856 be an important part of 885 00:24:48,856 --> 00:24:50,439 your business, something 886 00:24:50,439 --> 00:24:51,879 that you are selling to your 887 00:24:51,879 --> 00:24:53,169 clients, something that you're 888 00:24:53,169 --> 00:24:54,699 building your reputation on. 889 00:24:55,004 --> 00:24:57,999 You want to make sure that you 890 00:24:58,059 --> 00:24:59,259 have the rights to that and 891 00:24:59,259 --> 00:25:00,489 that it's not going to be a 892 00:25:00,489 --> 00:25:03,429 source of either legal risk or 893 00:25:03,429 --> 00:25:05,329 reputational risk because you 894 00:25:05,329 --> 00:25:06,739 haven't cleared those things. 895 00:25:07,134 --> 00:25:09,384 So make sure you do that. 896 00:25:09,714 --> 00:25:11,278 And, just one other thing 897 00:25:11,338 --> 00:25:13,113 is that, if you're selling 898 00:25:13,113 --> 00:25:14,493 the course on a third party 899 00:25:14,493 --> 00:25:16,494 platform, they may have their 900 00:25:16,584 --> 00:25:19,484 own requirements for you 901 00:25:19,484 --> 00:25:21,344 to make statements about, 902 00:25:21,374 --> 00:25:22,574 what you can put on there. 903 00:25:22,574 --> 00:25:23,507 Um, cause they don't wanna 904 00:25:23,512 --> 00:25:24,957 get involved with, take down 905 00:25:24,957 --> 00:25:26,127 notices and things like that. 906 00:25:26,604 --> 00:25:28,477 and so, Once again, making 907 00:25:28,477 --> 00:25:30,401 sure that everything that 908 00:25:30,401 --> 00:25:32,364 you, incorporate into 909 00:25:32,364 --> 00:25:33,924 your courses, into your 910 00:25:33,924 --> 00:25:35,334 workshops that you're gonna 911 00:25:35,334 --> 00:25:37,284 be using to generate income 912 00:25:37,524 --> 00:25:39,264 that they are cleared. 913 00:25:39,646 --> 00:25:40,666 I hope this was 914 00:25:40,666 --> 00:25:41,566 helpful to you. 915 00:25:41,929 --> 00:25:43,009 I love your questions, so 916 00:25:43,014 --> 00:25:44,359 please do not hesitate if 917 00:25:44,419 --> 00:25:45,966 you have any and if you 918 00:25:45,966 --> 00:25:47,586 have any questions that are 919 00:25:47,586 --> 00:25:49,026 specific to your circumstance. 920 00:25:49,493 --> 00:25:50,543 In other words, you 921 00:25:50,543 --> 00:25:51,713 need some legal advice, 922 00:25:51,999 --> 00:25:53,019 book an errand call. 923 00:25:53,309 --> 00:25:54,269 I look forward to 924 00:25:54,269 --> 00:25:55,019 hearing from you. 925 00:25:55,199 --> 00:25:55,799 Thanks guys.