Intellectual Property on the Web — Know Your Rights

With burgeoning technology and its new uses in social media, the pressing question becomes what to do when your content is stolen. First, you noticed that I didn’t say “if” someone steals your content. That was on purpose. With the glut of information on the Internet, it’s now a matter of “when” not “if”.

The first step in learning about what you can do when someone steals your content is to know that it will happen, so the more prepared and informed you are, the better your chances of prevention and having a plan in place when they steal.

As the number of websites and blogs grow, the demand for content puts more pressure on website administrators, who may resort to stealing content in order to fill space on their sites and attract traffic. Website hijacking, as such an example, is on the rise. Most people do not realize it but this is a copyright violation. Copyright laws were designed to protect those in society whom we celebrate and honor, often representative of the lowest paid workers.

Here are a couple things that you can do:

1. Put a copyright notice in the box with your site’s information and licensing information in the footer so that any sites that scrape your feed will also carry with it correct attribution and information.
If the issue of people stealing your content doesn’t bother you, be sure and mark your website or blog accordingly with a copyright tag that says “help yourself”. Display a copyright notice, like one from Creative Commons, which says “free for the taking”.
If it does bother you, you can display a copyright policy notice to inform your readers that your content is yours - don’t touch. Or you can choose another copyright policy that says something between. Check out all the different copyright options at Creative Commons. They feature small logos, which designates which rights users have to use your content.

2. Draft a Cease and Desist Order.
Usually this legal looking document with a threat of monetary damages does the job. If it does not, then definitely contact the host server with the Cease and Desist Order, advising them to shut down the site if action to comply with the Cease and Desist Order is not seriously. Most hosts will jump to avoid such actions and will temporarily suspend the site.

A Cease and Desist Order can consist of some or all of the following:

• Notification of the copyright infringement and theft of intellectual property.
• A demand that they cease and desist from infringing your copyrights.
• A clear time table for response and deadline.
• Specific request to remove or destroy the page with the stolen content, or another move that will satisfy your need to have the theft stopped or controlled.
• Inform them that they are liable for any and all attorney’s fees, court costs, and damages (only valid for registered copyrighted work - so register your work now.)
• Inform them of any intentions you have to send copies of this Cease and Desist Order to their ISP, host, advertisers to let them know of the infringement.
• Clearly state you will take further legal action is this is not resolved to your satisfaction by the deadline.
• If you want, reinforce your statements with the contact information of your lawyer.
• Request for identities and URLs of all links to the stolen content.
• Demand for an accounting of all profits and income derived from use of the infringed content.
• Demand compensation for any and all profits and income derived from the copyright theft.
• Demand compensation due to lost profits, income, and reputation.
• Clearly state how they are to respond to you regarding this action, by phone, email, in writing (mail), and if they are to respond directly to you or to your legal representative or lawyer.

You should make the letter or email as official looking as possible. For emailed Cease and Desist Orders, make them simple, clear, and easy to read, with double spacing between paragraphs and a clear title. Do not use background art or stationery. Make it look like a memorandum.

Remember, your web-based content is considered intellectual property under this country’s copyright laws and are entitled to protection if you so choose.

Better Processes Increase Small Business Efficiency

There can be a huge difference in the level of enthusiasm and energy in a fledgling startup and an established small business. Effective, efficient processes are what differentiate companies who are competitive, innovative thought leaders from those who stagnate and struggle with growth.

To maintain that initial enthusiasm, it is important that companies evaluate and reevaluate their processes on an ongoing basis. Internal procedures should be inventoried on a regular basis to determine which processes are subjective and can be left to each individual to address in his or her own way, and which process must always be performed uniformly throughout the company.

The three steps I’ve identified below are paraphrased from an article by Alex Silberman, president of Chief Information Solutions, a consultancy specializing in the needs of small and medium-sized businesses.

Step 1: Identify
The first step is to identify business tasks and distinguish them from functions. A process document should be written for each specific technical task,, and the details of each task process must be documented. This includes, for example, writing down the specific steps needed for onboarding a new hire, importing and updating contact data, or payment processing. A task should have a detailed, documented checklist. The checklist provides boundaries for employees, but is also helpful for measuring task performance year after year. A process for fulfilling a business function is one where judgment and tolls are used. For example paying bills, and forecasting next months sales and cash needs.

Step 2: Evaluate
Once all the business process have been identified, determine whether the process is a:

• Solid Process: Well delegated and executed, the process works well from the employee’s perspective, with clear expectations and direction, good communications and regular review. Task processes must be able to be consistently performed by a 10 year old without any training.
• Decent Process: Not great, but work investing in revisiting this process. Easily completed after about one our of training or by following documentation.
• Practice Turned Policy: The classic “we’ve always done it that way” process that has been institutionalized organically. The most common characteristic of a practice turned into a policy is that it no longer works and people performing it don’t know why it’s done that way.
• Process Built Around A Person: As companies grow, individuals who have a certain position in the company may insist on working in a particular way. Processes are built around these individuals, and questioning them is discouraged because it’s a delicate subject or creates anxiety.
• Abdicated Process: When principals are disinterested with certain processes, they tend to delegate them out to others who may not have had solid training. Examples include maintaining contact data and managing lists, or sending out the monthly mailing and coordinating with the copywriters and the mailing house.
• Process That Causes Pain: This process causes a problem and is detrimental to company growth, increasing revenue, and efficiency.

Step 3: Improve
Task processes considered less than “decent” should have their existing checklists and procedures improved. Any task considered “decent” or “solid” should be delegated to employees so they may understand what is expected of them. The task checklist acts as a sort of “boundary” in which the employee can perform his or her function. These boundaries are especially helpful when a colleague is sick and someone else needs to step in. Business functions that score less than “decent” must have their objectives, measures, tools and training evaluated until they become “solid”. Keep in mind, however, that not all processes need to be perfect.

It is key to find out why they scored low in the first place. If a given function is disliked, ask why it was put in place and decide if it is still necessary. What steps need to be taken? If the process is disliked for a reason, this reason holds the key to determining how to improve it. In any case, processes that are treated with the kind of review outlines above can be improved quickly.

Businesses should avoid the risk of being defined by “immovable objects” or people who will not budge when it comes to overhauling and implementing new processes. It is important that businesses reevaluate their processes to that inefficiencies can be identified and overcome. Specific outcomes and tasks become the basis for performance management. This approach removes the overemphasis on doing things in a given way and stresses the overall objectives. These processes also eliminate inconsistent management subjectivity so performance can be focused on results.

Legal Services for Small Business: The Importance of Value Pricing

Many small businesses are concerned with the inherent costs associated with legal counsel and therefore reason that they can forgo legal advice—that is, of course, until they get themselves into trouble. The reality though is that an attorney should be a line item in your expenses even if not engaged most months of the year. But if cost is a concern then the first factor to consider when selecting legal counsel is their pricing model.

Most attorneys bill their clients using an hourly billing model, however, this can be distasteful to many small business owners who closely watch their bottom line and fear getting into billing cycles with no apparent caps. And with good reason—most successful businesses know what their expenses are. Usually things go into a tailspin when you don’t have control of your spending.

The hourly billing model for attorneys is very 20th century thinking. I started my legal career in the last century but swore that I would do things differently once I could. For those who feel the way I do, there is an alternative: value pricing. Value pricing in the legal industry is still in its infancy, but it is the future.

The concept is similar to the widely known and accepted “project pricing” model for most other industries and centers around finite costs for specified deliverables. With the traditional hourly billing model there is no incentive for the attorney to end the engagement in a timely fashion. You (the client) and the attorney’s goals are therefore not aligned. Conversely, value pricing is results oriented, aligns client and attorney goals and keeps legal costs within quantifiable and expected norms. All of this is key if you’re operating on a limited legal budget.

…Value pricing is results oriented, aligns client and attorney goals and keeps legal costs within quantifiable and expected norms.

I have personally seen the benefits of value pricing to my clients. In the end they care little about how I do what I do and more about the fact that I get the results and the professional manner in which I deliver them. Hourly billing gets in the way of all things attorneys and clients really need to focus on…namely, the work.

As an attorney, being measured by my worth as opposed to how long I can sit at my desk is the professional lifestyle I prefer. The fact it allows both my client and I to both be on the same page, as it were, and that all of our incentives are properly aligned with business goals makes the engagement mutually rewarding.

If you currently have an attorney that is billing you by the hour, ask him or her why. If your attorney cannot think strategically, offensively and proactively every single day, you should find one who runs their business the same way you run yours.

If you’re currently looking for an attorney seek out one that offers value pricing.