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Hello, ladies.

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Welcome to the Hourly

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to Exit podcast.

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Today is LinkedIn Live Day.

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I do LinkedIn lives every

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last Wednesday of the month

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at 12 noon Eastern, where

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I answer your questions

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about transforming your

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expertise based business.

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From unscalable, hourly,

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one to one that is

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scalable and hopefully

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you can sell someday.

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since today is a LinkedIn

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live, I do have some slides,

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but this topic is one

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that you can live without

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the slides if, you, are

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listening on the podcast.

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But you can check

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out the slides on the

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YouTube channel as well.

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So today we are talking

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about something that came

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up during, I was a guest,

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expert in a mastermind.

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And of course I was

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talking about contracts

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and copyrights.

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And of course someone

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said, yeah, but what

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about trademarks?

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So, that has inspired

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this conversation today.

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it is entitled your

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Copyrights or Your Trademarks,

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which one do your clients

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actually care about?

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And uh, if you know me at all,

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you probably know the answer,

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but I'm gonna tell you why.

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So let's talk

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about copyrights.

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Just really briefly,

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just make sure we're

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all on the same page.

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copyrights are intellectual

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property protection that

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protects the original creative

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works of authorship that are

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an expression of an idea.

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And what's important here?

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Well, all the words here

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are important actually.

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Original, creative, and

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expression of an idea.

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So it has to be original.

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It can't be something that

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you took from somebody else.

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You don't get copy up

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protection for that.

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It has to be creative.

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So the example is the list of.

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Phone numbers as if the

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old phone book example,

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which probably no one

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knows what a phone book is.

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And, then the

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expression of an idea.

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The ideas themselves

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are not protected, by

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intellectual property law.

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You have to put it into

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some tangible form.

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The expression of the idea is

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considered a tangible form.

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The examples here are books,

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presentations, research

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reports, market analysis,

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training materials, SOPs.

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And so once you create

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something with your idea.

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So you put pen to paper

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figures to keyboard,

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brush to canvas.

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once you create something

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that's original, then It

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is eligible for copyright

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protection, and the beauty

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of copyrights is that it

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provides a legal monopoly

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over your original creation.

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So the monopoly that

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you have is only you.

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Have the exclusive right

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to make copies of the

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material, to distribute it,

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to perform it like in the

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case of a song or a movie, to

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create derivatives from it.

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to use your original

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painting to make postcards

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or t-shirts, or to give,

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rights to third parties.

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So anyone who wants to use

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your copyrighted material

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has to come to you to

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get a license to use it.

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so that is copyrights.

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Now what about trademarks?

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a trademark is a word,

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phrase or symbol, or could

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be a combination of them.

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Even sounds can be,

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trademarked, that identify the

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source of a good or service.

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And of course the more

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unique the mark, such

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as something that's kind

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of made up like Google.

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The stronger the

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protection will be.

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So examples, Google, company

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names, logos, like the

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golden arches of McDonald's,

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or a branded offering.

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many of you who are, experts

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may have, a framework

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that you've developed

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that you have a trademark

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in just the name of the.

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Framework versus

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your company name.

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So it can be anything that,

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identifies the source of

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the good or the service.

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And the purpose of a

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trademark is to prevent

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confusion, by consumers.

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So if I see the Barbie

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trademark, I know that

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this is a Mattel company

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product, or if I see the,

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big Mac, I know that that

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is a McDonald's product.

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So that tells me the

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origin of that product.

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And the same would

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apply to services.

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Those are called service

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marks, but it comes all under

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the heading of trademarks.

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So, When I am thinking

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about which one.

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Does the client

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really care about?

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So this is the one slide

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that you might wanna check

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out, which is copyrights

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and trademarks side by side.

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And so on the left I have,

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copyrights reminder that

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copyrights give you a legal

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monopoly in your original

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creation versus a trademark,

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which is intended to prevent

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confusion of the consumer.

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So no confusion in

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the marketplace.

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what do your

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clients care about?

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Your clients care about the

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value that you create for them

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or that you provide to them.

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They care about the

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return on the investment.

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They care about the results.

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They care about the

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transformation that they

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get from working with you.

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And so in kind of just.

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Generalized terms, the

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copyrights are client focused.

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Copyrighted materials are

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the workshops that you

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deliver, the courses that

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you create, the, trainings

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that you deliver, the

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books that you write.

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Those are all copyrighted

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materials, and those are all

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the ways that you, deliver

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value to your clients.

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Versus trademarks, and I

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generally refer to these as

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being you focused because

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they aren't about the value

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that your client gets.

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They're about protecting

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you and your materials

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from a third party

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claiming to be you.

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So let's say that you have

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developed your workshops and

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everyone loves your workshops.

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They create this

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amazing transformation.

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your name is all

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over the place.

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Is this the person you

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need to talk to to get

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this type of, let's just

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call 'em HR workshops.

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And then once you have

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developed these amazing

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transformations for your

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clients, then the trademark

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becomes important to make sure

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that some other consultant

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doesn't pretend to be you.

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And, say that I can deliver

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that transformation to by

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using a similar name, I

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we're not even gonna go with

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someone just stealing your

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stuff, cuz there's always

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gonna be someone who's

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gonna steal your stuff.

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But for someone who can

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confuse the market by saying,

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I have, Aaron's HR protocol

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and let's just say you can get

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that trademarked, excuse me.

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And so someone couldn't come

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along and have, Ellen's HR

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protocol, which would be very

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confusing to the marketplace.

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They know it's something like

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that begins with an e they

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know the number of syllables

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and all that good stuff,

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and so they would think that

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Ellen's HR protocol was.

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The same as Aaron's

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HR protocol.

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So it's not that trademarks

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aren't important, it's just

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that they aren't what provides

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value to your clients.

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It's the transformation and

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the results that provide

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value to your clients,

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and those come via your

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copyrighted materials.

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So since we know that

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copyrights are the primary

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value, and I say primary in

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the context of an expertise

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based business that serves

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corporate clients, if you are,

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franchising your methodology,

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obviously the trademarks very

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important, in order to get,

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everyone knows that solution

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comes from your materials,

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out in the marketplace.

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But when we're talking

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about providing value to

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our corporate clients, it

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is our copyrighted materials

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that provide that value.

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And so in order to protect

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that value, there are three

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fundamental things that

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you absolutely must do.

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One, you need to create

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original materials.

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Remember that copyright

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protects original creative

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materials only, so if you.

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Are using third party

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materials, in order to

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provide value to your

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clients, yes, your clients

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are getting the value.

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let's say you have licensed,

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some materials from a

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training program that

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you went through, and now

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you're able to use those

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materials for your clients.

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for instance, I mean I was

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just looking at the one page

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business plan book I had.

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One on my shelf for

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ages and ages and it was

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interesting conditioned cuz

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I hadn't cracked it open.

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And so I was going through it

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00:09:26,674 --> 00:09:28,594
and I could see that in there

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00:09:28,594 --> 00:09:31,594
you can become a certified one

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00:09:31,594 --> 00:09:34,594
page business plan consultant.

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00:09:34,956 --> 00:09:36,216
and they were talking about,

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00:09:36,216 --> 00:09:38,316
all of the testimonials about

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00:09:38,501 --> 00:09:40,196
how these consultants, made

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00:09:40,196 --> 00:09:41,996
X amount of sales once they

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became a certified consultant

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00:09:44,156 --> 00:09:46,196
and started using the one page

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program with their clients.

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And that's great.

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They absolutely have provided,

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value to their clients.

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They are not creating

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00:09:54,974 --> 00:09:56,654
their own assets.

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They are not creating

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00:09:57,494 --> 00:09:58,544
their own copyright old

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material that they can use

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00:10:00,949 --> 00:10:03,838
to control the distribution

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00:10:03,868 --> 00:10:06,578
of the derivatives of, and

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00:10:06,668 --> 00:10:08,228
license to other people.

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00:10:08,318 --> 00:10:09,428
So they're limited

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00:10:09,433 --> 00:10:10,598
to their use.

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00:10:10,658 --> 00:10:11,798
They don't have all the

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00:10:11,858 --> 00:10:13,948
other, upsides that come

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00:10:13,953 --> 00:10:15,478
from owning your own

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00:10:15,478 --> 00:10:16,888
copyrighted materials.

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So create your own

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00:10:18,358 --> 00:10:19,258
original materials.

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00:10:19,814 --> 00:10:21,401
Secondly, you need to

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register those that

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00:10:22,571 --> 00:10:24,041
are revenue generating.

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00:10:24,248 --> 00:10:25,211
If you're anything like

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00:10:25,211 --> 00:10:26,621
me, you're constantly

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00:10:26,621 --> 00:10:28,223
creating, materials.

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00:10:28,223 --> 00:10:28,793
You're writing

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00:10:28,793 --> 00:10:30,053
posts all the time.

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00:10:30,058 --> 00:10:31,403
You're recording

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00:10:31,408 --> 00:10:33,396
podcast, you're doing

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00:10:33,401 --> 00:10:34,896
stuff on LinkedIn.

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being a guest expert inside

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00:10:36,401 --> 00:10:38,141
of someone's mastermind.

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You're creating deliverables

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00:10:39,644 --> 00:10:40,604
for your clients.

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00:10:40,868 --> 00:10:41,438
you're having.

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00:10:42,019 --> 00:10:43,189
Someone on Fiverr

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00:10:43,189 --> 00:10:44,659
create, logo for you.

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00:10:45,046 --> 00:10:46,513
All the ways that copyrighted

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00:10:46,513 --> 00:10:48,883
materials are in and about

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00:10:48,883 --> 00:10:50,903
our businesses, but we don't

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00:10:51,023 --> 00:10:53,033
register all of those in

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00:10:53,038 --> 00:10:54,413
the US Copyright Office.

353
00:10:54,413 --> 00:10:55,883
It's not rocket science to

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00:10:55,883 --> 00:10:58,273
do it, but there is really no

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00:10:58,273 --> 00:10:59,983
reason to register something

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00:10:59,988 --> 00:11:02,077
that you wouldn't enforce.

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00:11:02,634 --> 00:11:04,494
In a court of law, frankly,

358
00:11:04,524 --> 00:11:05,904
I mean, this is my opinion,

359
00:11:06,124 --> 00:11:07,234
some people might choose

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00:11:07,234 --> 00:11:08,160
to, register absolutely

361
00:11:08,160 --> 00:11:09,280
everything, and it could

362
00:11:09,280 --> 00:11:11,637
depend on, how valuable you

363
00:11:11,637 --> 00:11:14,127
consider your non-revenue

364
00:11:14,132 --> 00:11:15,267
generating materials.

365
00:11:15,577 --> 00:11:16,507
Like, for instance, let's

366
00:11:16,507 --> 00:11:17,677
say you have a book that

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00:11:17,677 --> 00:11:19,087
you're literally giving away.

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00:11:19,087 --> 00:11:19,987
Say it's a white paper, you're

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00:11:19,992 --> 00:11:21,307
literally giving it away.

370
00:11:21,631 --> 00:11:23,647
And so it is not directly

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00:11:23,917 --> 00:11:26,017
generating revenue, but it is

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00:11:26,017 --> 00:11:27,487
a very important lead magnet.

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00:11:27,487 --> 00:11:29,737
It's part of your authority.

374
00:11:30,030 --> 00:11:31,720
that is that even though

375
00:11:31,750 --> 00:11:33,310
you're not selling it, that

376
00:11:33,310 --> 00:11:34,840
you would consider registering

377
00:11:34,840 --> 00:11:36,130
it with a copyright office.

378
00:11:36,190 --> 00:11:37,780
So the second one is

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00:11:37,960 --> 00:11:39,340
register your revenue

380
00:11:39,340 --> 00:11:40,840
generating materials in

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00:11:40,840 --> 00:11:42,070
the US Copyright office.

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00:11:42,518 --> 00:11:45,007
And last but definitely not

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00:11:45,007 --> 00:11:47,417
least, you wanna make sure you

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00:11:47,417 --> 00:11:50,117
are using and understanding

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00:11:50,447 --> 00:11:51,917
written agreements.

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00:11:52,127 --> 00:11:52,847
These are gonna be the

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00:11:52,847 --> 00:11:53,777
agreements that you

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00:11:53,782 --> 00:11:55,547
enter with your clients.

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00:11:55,874 --> 00:11:57,674
And if you don't have your

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00:11:57,734 --> 00:11:59,325
own template, one, you

391
00:11:59,325 --> 00:12:01,305
should, but in any case, when

392
00:12:01,310 --> 00:12:02,625
you have corporate clients,

393
00:12:02,842 --> 00:12:04,660
Oftentimes they will require

394
00:12:04,660 --> 00:12:06,520
you to sign their agreements.

395
00:12:06,790 --> 00:12:07,960
You need to make sure you

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00:12:07,960 --> 00:12:09,490
understand them because

397
00:12:09,670 --> 00:12:11,230
those agreements will

398
00:12:11,230 --> 00:12:13,484
determine who owns what

399
00:12:13,484 --> 00:12:16,064
rights in the deliverables.

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00:12:16,514 --> 00:12:18,104
So make sure those

401
00:12:18,164 --> 00:12:19,304
are understood.

402
00:12:19,676 --> 00:12:21,599
And then also when you

403
00:12:21,599 --> 00:12:22,949
are the client, when you

404
00:12:22,949 --> 00:12:24,599
are using subcontractors,

405
00:12:24,929 --> 00:12:26,339
maybe you're having someone

406
00:12:26,459 --> 00:12:28,049
create materials for your

407
00:12:28,049 --> 00:12:29,789
business, or maybe you're

408
00:12:29,794 --> 00:12:31,559
having someone come in and

409
00:12:31,559 --> 00:12:33,989
help you service your client.

410
00:12:34,286 --> 00:12:35,696
in those circumstances, you

411
00:12:35,696 --> 00:12:37,526
should also be using and

412
00:12:37,526 --> 00:12:39,116
understanding the agreements.

413
00:12:39,443 --> 00:12:40,613
it's very important

414
00:12:40,643 --> 00:12:42,323
again, to determine the

415
00:12:42,383 --> 00:12:44,843
ownership and use of the

416
00:12:44,843 --> 00:12:46,193
copyrighted materials that

417
00:12:46,193 --> 00:12:47,618
are developed in connection

418
00:12:47,618 --> 00:12:48,873
with those engagements

419
00:12:49,173 --> 00:12:51,728
and protect you, from.

420
00:12:52,221 --> 00:12:53,684
reuse of your materials,

421
00:12:53,777 --> 00:12:54,854
and that applies both to

422
00:12:54,854 --> 00:12:56,954
your client agreements and

423
00:12:56,954 --> 00:12:58,274
your subcontract agreements.

424
00:12:58,274 --> 00:13:00,284
Especially if, say you

425
00:13:00,289 --> 00:13:02,804
are using facilitators to

426
00:13:02,834 --> 00:13:05,124
deliver your workshops, you

427
00:13:05,124 --> 00:13:06,054
wanna make sure that you

428
00:13:06,054 --> 00:13:07,464
have protections in them

429
00:13:07,674 --> 00:13:09,294
so that your copyrighted

430
00:13:09,299 --> 00:13:10,974
materials are not being.

431
00:13:11,251 --> 00:13:12,961
Use without you, that

432
00:13:12,961 --> 00:13:14,507
derivatives aren't

433
00:13:14,507 --> 00:13:15,917
being created without

434
00:13:15,917 --> 00:13:16,877
your permission.

435
00:13:17,157 --> 00:13:18,987
so those are all important

436
00:13:19,017 --> 00:13:21,117
elements of your agreements

437
00:13:21,394 --> 00:13:23,307
that involve copyrights.

438
00:13:23,307 --> 00:13:24,837
So copyright protection

439
00:13:24,837 --> 00:13:27,327
is more than copyright

440
00:13:27,327 --> 00:13:28,227
registration.

441
00:13:28,227 --> 00:13:29,187
You also need to make

442
00:13:29,192 --> 00:13:31,407
sure that you have the

443
00:13:31,407 --> 00:13:32,967
right agreements in place

444
00:13:33,087 --> 00:13:34,977
to make sure that you

445
00:13:34,977 --> 00:13:36,237
control those materials.

446
00:13:36,829 --> 00:13:37,819
in some.

447
00:13:38,158 --> 00:13:40,078
First is the value.

448
00:13:40,455 --> 00:13:41,745
The value comes from

449
00:13:41,745 --> 00:13:43,035
your copyright materials.

450
00:13:43,275 --> 00:13:44,565
Make sure you're putting

451
00:13:44,565 --> 00:13:45,855
your resources to creating

452
00:13:45,855 --> 00:13:47,695
value for your clients in

453
00:13:47,700 --> 00:13:48,775
the form of your copyright

454
00:13:48,775 --> 00:13:50,335
materials, your trainings,

455
00:13:50,340 --> 00:13:51,895
your courses, your workshops,

456
00:13:51,895 --> 00:13:53,638
the deliverables, then.

457
00:13:54,273 --> 00:13:55,503
The branding, which

458
00:13:55,503 --> 00:13:56,703
is the trademarks.

459
00:13:56,883 --> 00:13:58,473
Not that it's unimportant,

460
00:13:58,713 --> 00:13:59,913
but we need to make sure

461
00:13:59,913 --> 00:14:00,693
that we're putting the

462
00:14:00,693 --> 00:14:01,953
right resources in the

463
00:14:01,953 --> 00:14:03,693
right place, emphasizing the

464
00:14:03,698 --> 00:14:04,653
value that we're creating

465
00:14:04,658 --> 00:14:06,850
for our clients, and then

466
00:14:06,940 --> 00:14:09,297
also, creating our brand.

467
00:14:09,623 --> 00:14:10,883
And that would be in

468
00:14:10,883 --> 00:14:11,993
the form of trademarks.

469
00:14:12,469 --> 00:14:14,299
hopefully this was,

470
00:14:14,369 --> 00:14:15,449
helpful to you.

471
00:14:15,592 --> 00:14:16,949
If you have any questions,

472
00:14:17,116 --> 00:14:18,376
you know where to find me.

473
00:14:18,376 --> 00:14:19,216
You can either find

474
00:14:19,216 --> 00:14:20,986
me@thinkbeyondip.com.

475
00:14:21,317 --> 00:14:22,426
You can find me at LinkedIn.

476
00:14:22,786 --> 00:14:23,956
I am the original

477
00:14:23,956 --> 00:14:24,856
Aaron Austin.

478
00:14:25,182 --> 00:14:27,122
Or of course, always

479
00:14:27,212 --> 00:14:28,532
on YouTube as well.

480
00:14:28,922 --> 00:14:29,762
So look forward to

481
00:14:29,762 --> 00:14:30,482
hearing from you.

482
00:14:30,482 --> 00:14:32,042
I'm always happy to

483
00:14:32,072 --> 00:14:33,242
answer your questions.

484
00:14:33,452 --> 00:14:34,682
Most of these LinkedIn lives

485
00:14:34,682 --> 00:14:37,296
are from your questions, so

486
00:14:37,496 --> 00:14:38,556
please feel free to reach

487
00:14:38,556 --> 00:14:40,376
out until I see you again.

488
00:14:40,556 --> 00:14:41,156
Cheers.