Lucy Gilbert

[vc_row][vc_column][vc_column_text]By Neil Burnstein Today licensing of intellectual property is a multi-billion dollar industry. In order to capitalize on such growth, entrepreneurs are seeking ways to protect and maximize the value of their ideas, inventions, artistic creations and other forms of intellectual property. In addition to creating lucrative licensing opportunities, intellectual property protects business assets, creates new revenue streams, provides security for loans and enhances value in the eyes of investors. Whether you are a business owner or entrepreneur, knowledge of intellectual property rights has never been more important. Understanding the fundamentals of copyrights, trademarks, trade dress and patents is vital in today’s global market. Knowing how such rights are created, transferred and exploited will often determine the success or failure of a company. Unfortunately, many business owners fail to take the steps necessary to protect and enhance the market value of their intellectual property assets. Below are some tips and strategies to protect, maximize and enhance intellectual property rights and assets. Author’s Rights Many valuable rights are often given away to publishers without proper consideration. Authors should be especially wary about signing any contract that states you are writing the book on a “work for hire basis”. Contract clauses should be carefully reviewed and negotiated because most terms favor the publisher. All rights in the work not specifically granted to the publisher should be reserved by the author. Authors should also seek to have most rights revert back to them if not exercised by the publisher within certain reasonable time periods. An arbitration clause should also be requested because arbitration is generally less costly and quicker than lawsuits in the event of disputes. Protection of Creative Materials and Photographs Almost all companies own rights in a variety of creative materials used in their business. Such materials may include software, promotional literature, training manuals, photographs, graphic designs, business plans and architectural drawing. Copyright law protect against the unauthorized copyright, distribution or other use of creative works. Certain common law rights are obtained automatically upon the creation of a creative work. Registration, however, is strongly recommended to obtain the full spectrum of benefits and protections available only through registration with the U.S. Copyright Office.   One of the most important benefits obtained by copyright registration is the right to attorney fees and statutory damages in the event of infringement. Statutory damages can range from $750 to $30,000 per act of infringement to as much as $ 150,000 in cases of willful infringement. Register Your Trademarks A trademark is a word, slogan, design, logo which identifies the products and services of the owner. Today, a trademark can even be a hashtag, sound or scent. Trademarks represents the good will of a brand and are often the most valuable assets of a company. The prudent business owner will not leave to chance the protection of its name and trademark. Register important marks with the Patent and Trademark Office to: (i) obtain nationwide protection, (ii) prevent others from using and registering marks which are confusingly similar and (ii) obtain the right to treble damages in the event of infringements. Incorporation, Domain and Business Names It is a common misconception that trademark protection is obtained by incorporating under the business name. While incorporation does provide certain protections against personal liability, the corporate name is not a trademark registration. Similarly, domain name registration is merely an address listing and does not give trademark rights to use the name in connection with products and services. Only federal trademark registration provides assurances that a name can be safely used in the marketplace of interstate commerce. Relationships with Contractors and Consultants Working with contractors and freelancers can a trap for the unwary business owner. Many entrepreneurs mistakenly believe that they own the results of the services provided upon payment of the agreed fee. Copyright law, however, provides that independent contractors automatically retain the copyright to original works which they create absent a written agreement to the contrary. Business owners should therefore make sure that contractors and freelancers sign written agreements which carefully define ownership rights and include “work for hire provisions”. Loosely drafted agreements can result in defective grants of ownership which can expose the company to costly infringement claims. Non-Disclosure and Non-Solicitation Agreements Most business owners have proprietary information and data used to keep their business competitive. Often, however, business owners do not take adequate precautions to restrict sensitive information from being disclosed or misused. Entrepreneurs should be mindful to restrict the flow of confidential information whenever possible to avoid wrongful disclosure. Non-disclosure and non-solicitation agreements should be routinely required by business owners for all persons having access to proprietary business information. Website Protections Today most companies have websites on which products and services are sold, displayed or advertised. This creates both sales opportunities and potential liabilities. Savvy companies will want to make sure their websites take advantages of the protections afforded by the Digital Millennium Copyright Act. In addition, websites should be reviewed for proper disclosures, privacy protections and terms of sale. About the Author Neil Burstein is an attorney practicing entertainment and intellectual property law. His experience includes copyright, trademark, internet rights, contracts, publishing, film and infringement disputes. He speaks frequently on issues of entertainment, media and intellectual property. Representation includes authors, film makers, producers, screen writers, record labels, media personalities and brands in the luxury segment of the market. Neil can be reached directly at nabesq1@gmail.com.   For more information visit www.neilburstein.com.

By Ken Lizotte CMC Enjoy this excerpt from The Speaker’s Edge: The Ultimate Go-To Guide for Locating and Landing Lots of Speaking Gigs (Maven House Press) If you want to be respected as a “thoughtleader” and if you especially want to add speaking engagements to your marketing repertoire, you must consider writing and publishing a book. The credential of book authorship–despite the rise of social media, YouTube, and Internet marketing–holds no equal. Which brings us to the next question: which book publishing option would work best for you? Do you want a traditional publisher to publish your book, or would self-publishing your book make the most sense? This critical early decision will dictate what your first step in the book writing-and-publishing process will be … so consider carefully. The option that immediately comes to mind to many of us is the most ingrained one, i.e., to land a book contract with a traditional publisher. But before you automatically head down this path, let’s examine its pros and cons. Many folks assume, for instance, that having your book published by a traditional publisher offers every possible advantage such as being provided (a) an editor who will work with you on a deep level on your book’s content, (b) collaboration with a book promotion team who will pull out all the stops to market, advertise, publicize and sell your book once it’s published, and (c) the compensation of a significant advance payment so you may quit your day job (or at least take a sabbatical!) in order to devote yourself full-time to your research and writing. Unfortunately, for the most part, nothing could be further from the truth! Though publishers wish they could provide this, the economics of the publishing world dictate otherwise. Whatever promotion money, for example, that a publisher may have on hand is typically reserved for its highest-visibility authors, e.g., famous film stars, top CEOs, political celebrities, and (of most interest to a publisher) a previously best-selling author. Ninety-three percent of the half million or so books published each year fail to sell even 1,000 copies in their lifetime. Therefore, authors with the highest-profile platforms suggest a better ROI bet for a publisher than does the typical author—even one with a terrific book idea but, sales-wise, only a meager limited network or following. As a result, your publisher will probably not be sending you on a book tour, nor setting you up for bookstore signings or speaking engagements or radio or TV appearances. Instead, a publisher’s decision to offer you a “deal” in the first place will more likely revolve around its perception that you would be able to orchestrate such promotional actions on your own. This goes especially for working speakers. A speaker who delivers 50 or 60 or 100 presentations every year, for example, preferably to audiences averaging 500 attendees or more, can easily find a publisher. Because despite the rapid and half-crazed rise of social media and Internet publicity, speaking to audiences still excites publishers more than any other tactic. They believe, rightly, that speaking can generate more excitement than any other medium in that you’re promoting your book in the most dynamic way, i.e., by interacting with real, live humans in the same room with you who may very well want to purchase your book. You’re simultaneously selling your book right there plus sending word-of-mouth advocates, i.e., your new fans, off to their workplaces, neighborhoods and homes, to further spread the word. In short, these are the kinds of promotional and selling capabilities that a new author, especially one who speaks a lot, might bring to the table to grab a publisher’s attention. Though none of these are mandatory, thinking in this direction will carry you farther toward landing a book publisher than if you swallow the myth that a publisher will instead be doing all this for you. The Case for Seeking a Publisher But if traditional publishers expect you the author to do all the promoting and selling of a book, why would you choose to seek one out? Why not simply self-publish? Here are a few pros to offset the cons mentioned above: • Prestige and Credibility: There is nothing more impressive than being able to answer the question “Who published your book?” with a bona fide response that names a “real” publisher. Though only momentary, such a credibility bump will impress whoever learns about it, causing them to proceed to the next, important step, i.e., seriously considering purchasing (and reading) your book. • Publishing Costs: It’s the publisher’s job to edit, proofread, design and print your book. If you self-publish, you need to do all this and pay for it. Costs can typically run between 10 and 20 thousand dollars depending on fees charged by the vendors you hire. When you contract with a publisher, such costs are taken care of. • Wide Distribution: Your book published traditionally will automatically be made available to the book trade via such channels as bookstores, libraries, universities and Amazon. Although some self-publishing companies can offer this service as well, the traditional publisher will usually be more aggressive and better connected in this regard and thus provide a useful advantage. • Marketing Help: Though it is true that the bulk of a book’s promotional activity must be initiated by the author, publishers do provide some help in the form of press releases, book catalogs, publisher website displays, sending complimentary review copies to both event planners and reviewers (especially to EPs and reviewers unwilling to entertain self-published books) and occasionally partnering with authors on special promotions or advertising. • Serial Rights: Established publishers know how to make your book available to foreign publishers and multi-media companies for a fee in return for granting “serial rights.” This means potential foreign translation editions, audio book edition, excerpts to be printed in magazines or newspapers, or even your book made into a feature film! The publisher of course shares the revenue with the authors for such serial rights

By Keith Long, Ghostwriter Supreme In the past 18 months, I have written four nonfiction books, yet their titles and “voice” are not mine; my name doesn’t appear as the author on any of their covers. I am a ghostwriter. The real authors of these books are my clients who have had their story curated by a collaborative process called ghostwriting. A secret I like to share with my clients is that every book we write together becomes a shared journey whose final destination is revealed only when the last page is written. Along the way, their narrative finds new paths and the journey takes unexpected and exciting detours. While working together we discover new perspectives and new ways to communicate their unique message. It all comes together almost magically on the pages in front of us. That is the power of the professionally-written word. Ghostwriters enhance an author’s brand. Don’t take my word for it, I know many best-selling authors who work with ghostwriters: the late Ian Fleming {new Bond novels are now written by a ghostwriter}, Robert Ludlum {author of 27 thrillers}, Tom Clancy {spy series}, and many, many more. In the nonfiction genre, where I work, people are surprised to learn that Hillary Clinton {Living History} and Ronald Reagan {An American Life} authored best sellers thanks to their collaboration with ghostwriters. Each client’s story develops a unique relationship that pays dividends for each of us. I submit every chapter for my client’s review and approval before moving on to the next. By the time the last sentence is written we have built a platform of knowledge, inspiration, and expertise that could not have been anticipated in our first draft. A professionally-written book is for readers to share the author’s and ghostwriter’s adventure. That is the value-added a ghostwriter brings to a story. Our adventure becomes part of the story. There is good reason the book’s cover identifies my client as the author. An author’s name declares ownership of the book. When readers talk about it, when reviewers comment, it is the author’s name that attaches to the message and content. A ghostwriter reviews grammar, encourages development of themes, and finds new ways to express the author’s message, not unlike a mechanic who checks out a car’s engine before a long trip. The vehicle has a name on its registration that identifies ownership and that is the way it should be. Today’s publishing landscape is welcoming and invites authors to share their message and stories with the world. There are no fences, borders, or obstacles in today’s publishing landscape for those of us who have stories and the desire to share them. Professional journalists like me help navigate and mentor those with stories to share and we help shape their message to reach the widest audience possible. A ghostwriter opens gates that invites new authors into the exciting world of books. Keith Long is Ghostwriter Supreme at emersongroup. Click here to learn more about Keith.