Copyright: What It Is & How It Works
00:00:02.18 --> 00:00:06. Now let's move on to one of my favorite forms of intellectual 00:00:06.28 --> 00:00:08. property that we've talked about a lot today already 00:00:08.25 --> 00:00:11. copyright for creatives this is probably going to 00:00:11.22 --> 00:00:12. be the most relevant one for you 00:00:14.49 --> 00:00:17. you know trademark is going to be pretty relevant 00:00:17.59 --> 00:00:19. too but this is probably a really big one for you 00:00:21.28 --> 00:00:24. so today almost every business has an online present 00:00:24.88 --> 00:00:28. ninety four percent of small businesses do content 00:00:28.02 --> 00:00:32. marketing because it works you know it's very effective 00:00:32.42 --> 00:00:35. we're all doing it we've got our podcasts we've got 00:00:35.12 --> 00:00:38. our web shows we've got our blog's that we're writing 00:00:38.99 --> 00:00:42. tons of great articles how many people take hours 00:00:42.17 --> 00:00:45. to write a block post I know I do okay it took m...
e 00:00:45.38 --> 00:00:49. forever that's high quality value okay that I'm providing 00:00:49.95 --> 00:00:53. to my clients are into my you know, customers anyone 00:00:53.03 --> 00:00:55. who reads my block it takes me a while to develop 00:00:55.37 --> 00:00:58. it right and I'm taking my expertise and putting it 00:00:58.78 --> 00:01:04. into a certain format right? So original photography 00:01:04.97 --> 00:01:08. e books eat courses at any other form of digital media 00:01:08.98 --> 00:01:14. play's choreography arc architectural drawings I mean 00:01:14.09 --> 00:01:16. there are a lot of different things that you can register 00:01:16.57 --> 00:01:18. the copyright for if it's original creative works 00:01:19.38 --> 00:01:22. you can register it now can't be common knowledge 00:01:22.27 --> 00:01:25. can't be something that is incredibly obvious to everyone 00:01:25.44 --> 00:01:29. you know. So you know there was a case for example, 00:01:29.03 --> 00:01:29. where 00:01:30.78 --> 00:01:33. there was a fight over whether someone could register 00:01:33.41 --> 00:01:34. the copyright for the white pages. 00:01:37.28 --> 00:01:40. You know it's basically just a list of contact information 00:01:40.47 --> 00:01:42. and two companies were like fighting over and it was 00:01:42.6 --> 00:01:45. determining whether that's unique enough you can actually 00:01:45.7 --> 00:01:48. register the copyright for databases so if you've 00:01:48.16 --> 00:01:52. got like aa lot of data that you know people that 00:01:52.4 --> 00:01:55. you can actually sell and used and sell two different 00:01:55.85 --> 00:01:58. businesses to make strategic decisions like for you 00:01:58.8 --> 00:02:01. with your aps that you're creating that could be something really valuable where you take you create a database out of all that content that you collected from your users and maybe sell that so you could register the coffee right for a database and unfortunately I don't remember off the top of my head with the result was for that yellow white pages case if my associate attorney elizabeth is in the chat room she'll probably answer that because I know she knows that off the top of her head but anyway so these are the different type of thing that you can register the copyright for the other thing to know is that you cannot register an idea okay? So if it's just in your head unfortunately you can't stop anyone from using that or from doing anything with it right? So if you talk to your friend and tell them you're great idea and your friend takes your idea and puts it into a tangible form and registered the copyright fortunately you probably can't do anything about that unless you have them sign like a non compete in a non disclosure you know? So you've got to actually put it into some format that could be uploaded to the copyright office all right, so if you've got a great idea for a book unfortunately I'm gonna have to actually sit your ass down and write the book and then you can register the copyright for it s o copyright gives the author of original creative works the exclusive right to display, perform, make copies of distribute and prepare derivative works from that content. So this is an important thing that I really want you to understand tio when you registered the copyright for something that means that you have the right to prepare derivative works right? And you can prevent other people from preparing derivative works from your content so let's say, you know, I have created small business bodyguard, right? And I have a copyright for small business bodyguard and then someone comes along and says, I'm going take rachel small business bodyguard changed this thing here and we get a little bit here and then I'm gonna put it out there and I'm going teo sela competing product no, you're not you know why? Because I have the sole right to prepare derivative works from that content and that would be considered a derivative works so even if it's very similar or let's say, someone says, I'm going to perform holvis's bodyguard, so I'm going to record a video where I read through the entire small business bodyguard that's a derivative work and they don't have a right to do that that would still be a violation of my copyright rights okay, so the other thing I want you to know about copyright to is that you can actually license and sell and transfer these rights in different ways you can un bundle them so you could transfer the right to a client for example let's say if your designer when you're creating graphic designs or other you know beautiful designs and you created design for your client either a logo or maybe some illustrations whatever it is and you transferred to them a right to display the work so you transfer them all right to sort of show the work on their website but not the right tio prepare derivative works from it so that means they wanted to take that illustration or design and put it in different formats and different settings they'd have to come back to you and buy an additional license to do that so that's an important tool in your arsenal when you're transferring around intellectual property okay so think about this in your client service agreements in your independent contractor agreements make sure that when you are agreeing to do work for someone even if it's a service so even if your photographer if you're a designer if your video opera for right and you are being hired to create certain footage, certain photos certain designed those designs air still yours you are the original creator so you own the copyright and you can transfer to them a limited licensed to use it either in commercial setting or non commercial setting and you khun limited as much as you want and you can retain ownership of it which you then can use as a profit center so like for a photograph for example and I really dive into this in the advanced courses but just know that something like an example of a photograph you could create like do some beautiful maternity photography right for an expectant mother who is a client of yours and you get paid a service fee to create those photos and then you sell to that client not copyright for those photos but the license to use those photos in a limited way maybe the license to display those photos in her home right so that's all you're giving her and maybe it could even be a licensed to just the prince and you know physical prints and not necessarily the digital rights okay so you consort of unbundle this in any way you want and it's really valuable to do that because each piece of this license you can charge an additional fee for okay so this is a profit center for you in your business and this applies not just to photographers but designers filmmakers you know really any type of creative who is you know creating a resulting product for a service right you're doing a service for the client and then there's a resulting product you don't have to sell the entire product so then you can take those same beautiful maternity photos that you've license to the clients you've made money off of them once off of the actual creation process you got paid to create which is a beautiful thing we love this right so you get paid to create those photos and then you know that you have a friend who's an entrepreneur she's coming out with a product like maybe a special cream to avoid stretch marks as ah expectant mother and she wants to put one of your beautiful full photos on her product packaging so then you license it to her and you sell a license to your friend for this product non exclusive license so that you can keep selling it okay and then maybe you also sell a license teo you know someone who's writing a book about maternity and about pregnancy and therefore they want to feature some of your photos in their book and so you khun license it then that to them this is the beauty of intellectual property this is the beauty of intangible assets and why you know I'm like jumping out of my skin and have been that way all day because I want you to know that that you can take one thing that you've created get paid to create it in the first place and then sell it over and over and over again but you can on lee do that if you make sure that you maintain ownership of the copyright for that content so that means in your contract in your client service agreement you better have language that's not transferring the copyright and all ownership and especially if you're an artist or an illustrator there are a lot of times to where you're you're giving them the notes your sketch pad you're giving them that you're giving them if you gave them five logos to choose from and they've only you know they've decided to go with one then you're given the other four low goes away also so make sure your contract isn't doing that that's why this stuff is so important I want you to understand it and then use copyright law to your advantage and then you can educate your client's on this too so that they know what they're purchasing because a lot of times they think oh I'm purchasing the entire ownership oh no you're not you want to purchase it that's for this fee and then if you just want to purchase a license that's for this smaller fee so you're going to charge substantially mohr for transferring all of the rights that come with copyright because you should see it as I'm not just selling photos or I'm not just selling illustrations, I'm selling a profit center I'm selling you a way to make money, whether you choose to use it that way or not, is it relevant to meet? The point is, if you're going to take away my ability to then license it to other people and generate other revenue with that content, then I'm going to have to charge you a premium for that privilege. Right? Awesome. We feeling empowered, yes.
Copyright, trademark, and intellectual property are all terms that creative professionals throw around, but being aware of them isn’t the same as understanding how they apply to you and your work. And while working with a lawyer can be helpful, it can also be costly and time-consuming – the best solution for most creatives is to become your own informed advocate.
In Protect and Profit From Your Intellectual Property, Rachel Rodgers will explain how intellectual property works, how to quickly and easily protect your creations, and a host of ways to make more money from what you’ve already created.
You’ll learn about:
- Conducting an IP audit
- Licensing your work
- Protecting your copyright and trademarks
Whether you’re a photographer, filmmaker, designer, or entrepreneur, this class will give you the skills and confidence to defend and profit from your unique creations.