Advertising

Shattering A Few Myths About Copyright

Advertising
Shattering A Few Myths About Copyright

book

    It is unfortunate that people don’t know as much as they should about intellectual property rights. One day recently I briefly checked in to Twitter to see a discussion on the matter — a discussion that was propagating misinformed ideas. You might see copyright as a topic that’s only relevant to artists and engineers, but the truth is that this isn’t called the information age for nothing and intellectual property laws affect everybody.

    Here’s a quick and dirty primer to your copyrights. It is by no means extensive or legal advice and is merely the result of some rigorous study I applied myself to a few years ago as an individual who trades in intellectual property. As with anything, the right thing to do is check the facts by reading the acts so that you’re certain of your rights.

    Advertising

    Fixed Tangible Expressions

    How do you know when something you’ve created has become copyrighted? The prevailing answer that most people will provide is, upon creation. That’s right and wrong depending on how you define creation. Does creation include conception? That’s the popular view and that’s not correct.

    Something is copyrighted when it is a fixed tangible expression. That means it is out of your head and written on paper, painted on canvas, recorded in your home studio or otherwise made tangible.

    So when are your conceptions and creations not copyrighted? That brings me to…

    Advertising

    You Can’t Copyright Ideas and Names

    You cannot copyright ideas. While you can copyright a fixed tangible expression of an idea, you can’t copyright the idea itself even once it has been expressed. Others are able to take that idea and express it themselves, and as long as that expression isn’t too similar to yours, it can’t be contested. Obviously we’re talking about copyright here — trade secrets and patents are different things entirely.

    You also can’t copyright a name. Copyright law covers works, trademarks cover names. Trademarks are expensive and there are pretty stringent requirements on registering them. In other words, the names of the characters in your story are not yours, unless you take the unlikely step of trademarking them.

    A story, a picture, and a letter to a friend are all fixed tangible expressions. Even a list and the order of the items on the list (but not the names themselves) can be copyrighted. But if you send an idea for an episode to the producer of your favorite show, it is theirs to create a script (which is, you guessed it, a fixed tangible expression of the general idea, though the description of the idea itself as you worded it would remain yours).

    Advertising

    Poor Man’s Copyright is a Poor Man’s Myth

    There is an idea floating around that mailing something you created to yourself is an alternative to registering copyright for the item. The truth is that you have the copyrights to your work once you’ve created the work, but if there’s ever legal trouble having the work registered will be helpful. This poor man’s copyright trick is a myth and does not provide the legal backup that registration does; you may as well save the money you would spend on envelopes and postage stamps.

    Work-for-Hire

    f you intend to do business as someone who creates intellectual property, you should be careful. Some people are more than happy to sell the copyright to works they create and some will expect it from you. In some industries, this is the norm, such as with web design. In other industries — for example, if a song is commissioned from a band — a license is typically sold, whether it’s an exclusive commercial license or some form of limited license that gives the buyer certain rights to the intellectual property.

    Clever sellers of intellectual property will retain the rights. Clever purchasers of intellectual property will only buy the rights. It gets a little tense when a clever seller meets a clever purchaser!

    Advertising

    Here’s the important thing to remember:

    In many jurisdictions, unless you specifically stipulate in a contract between yourself and the client or employer, all intellectual property you create for a client or for your employer is their intellectual property. In most places this is called work-for-hire.

    The Six Exclusive Copyrights

    My mentor in intellectual property forced me to memorize the six copyrights that are granted exclusively to the creator (or creators) of a work. It is wise to do so if you deal in IP yourself. You have the right to:

    Advertising

    • Produce copies and reproductions of the work and sell them,
    • Import or export the work,
    • Create derivative works,
    • Perform or display the work publicly,
    • Sell or assign these rights to others,
    • Transmit or display by radio or video

    Nobody else can do these things with your work. Memorize them so that you can easily tell if someone is an admirer or an offender disenfranchising you of your legal rights.

    More by this author

    Joel Falconer

    Editor, content marketer, product manager and writer with 12+ years of experience in the startup, design and tech digital media industries.

    Why Having a Coffee Habit Isn’t Bad For You How to Properly Drink Coffee (Your Coffee Drinking Guide) 3 Simple Strategies for Dealing With External Distractions How to Use Parkinson’s Law to Get More Done in Less Time How to Master the Art of Prioritization the Right Way

    Trending in Work

    1 Why Personal Branding Is Important to Your Career 2 How To Boost Employee Motivation During Difficult Times 3 7 Effective Ways To Motivate Employees in 2021 4 How To Stay Motivated As You Build Your Business 5 15 Smart Video Conferencing Etiquette Tips to Follow

    Read Next

    Advertising
    Advertising

    Last Updated on August 25, 2021

    Why Personal Branding Is Important to Your Career

    Advertising
    Why Personal Branding Is Important to Your Career

    As a recruiter, I have met and interviewed hundreds of candidates who have no idea who they are.

    Without a personal brand, candidates struggle to answer the question: “tell me about yourself—who are you?” They have no idea about who they are, what their strengths are, and how they can add value to the company. They present their CV’s believing that their CV is the key to their career success. In some ways, your CV still has its use. However, in today’s job market, you need more than a CV to stand out in a crowd.

    According to Celinne Da Costa:[1]

    “Personal brand is essentially your golden ticket to networking with the right people, getting hired for a dream job, or building an influential business.” She believes that “a strong personal brand allows you to stand out in an oversaturated marketplace by exposing desired audiences to your vision, skillset, and personality in a way that is strategically aligned with your career goals.”

    A personal brand opens up your world to so many more career opportunities that you would never have been exposed to with just your CV.

    What Is Your Personal Brand?

    “Personal branding is how you distinctively market your uniqueness.” —Bernard Kelvin Clive

    Today, the job market is very competitive and tough. Having a great CV will only let you go so far because everyone has a CV, but no one else has your distinct personal brand! It is your personal brand that differentiates you from everyone else and that is what people buy—you.

    Your personal brand is your mark on the world. It is how people you interact with and the world see you. It is your legacy—it is more important than a business brand because your personal brand lasts forever.

    Advertising

    I have coached people who have very successful careers, and they come to me because they have suddenly found that they are not getting the opportunities or having the conversations that would them to their next role. They are having what I call a “career meltdown,” all because they have no personal brand.

    A personal brand helps you become conscious of your differences and your uniqueness. It allows you to position yourself in a way that makes you stand out from the pack, especially among other potential job applicants.

    Don’t get me wrong, having a great CV and a great LinkedIn profile is important. However, there are a few steps that you have to take to have a CV and LinkedIn profile that is aligned to who you are, the value you offer to the market, and the personal guarantee that you deliver results.

    Building your personal brand is about strategically, creatively, and professionally presenting what makes you, you. Knowing who you are and the value you bring to the table enables you to be more informed, agile, and adaptable to the changing dynamic world of work. This is how you can avoid having a series of career meltdowns.

    Your Personal Brand Is Essential for Your Career Success

    In her article, Why Personal Branding Is More Important Than Ever, Caroline Castrillon outlines key reasons why a personal brand is essential for career success.

    According to Castrillon,[2]

    “One reason is that it is more popular for recruiters to use social media during the interview process. According to a 2018 CareerBuilder survey, 70% of employers use social media to screen candidates during the hiring process, and 43% of employers use social media to check on current employees.”

    The first thing I do as a recruiter when I want to check out a candidate or coaching client is to look them up on LinkedIn or other social media platforms, such as Facebook, Instagram, and Twitter. Your digital footprint is the window that highlights to the world who you are. When you have no control over how you want to be seen, you are making a big mistake because you are leaving it up to someone else to make a judgment for you as to who you are.

    Advertising

    As Jeff Bezos, the founder of Amazon, once said, “Your brand is what people say about you when you are not in the room.”

    In her book, Becoming, Michelle Obama writes about the importance of having a personal brand and her journey to defining her personal brand. She wrote that:

    “if you don’t get out there and define yourself, you’ll be quickly and inaccurately defined by others.”

    When you have a personal brand, you are in control. You know exactly what people will say about you when you leave the room.

    The magic of a personal brand is that gives you control over how you want to be seen in the world. Your confidence and self-belief enable you to leverage opportunities and make informed decisions about your career and your future. You no longer experience the frustrations of a career meltdown or being at a crossroads not knowing what to do next with your career or your life. With a personal brand, you have focus, clarity, and a strategy to move forward toward future success.

    Creating your personal brand does not happen overnight. It takes a lot of work and self-reflection. You will be expected to step outside of your comfort zone not once, but many times.

    The good news is that the more time you spend outside of your comfort zone, the more you will like being there. Being outside of your comfort zone is where you can test the viability of and fine-tune your personal brand.

    5 Key Steps to Creating Your Personal Brand

    These five steps will help you create a personal brand that will deliver you the results you desire with your career and in life.

    Advertising

    1. Set Your Personal Goals

    What is it that you want to do in the next five years? What will your future self be doing in the next five to ten years? What is important to you? If you can answer these questions, then you are on the right path. If not, then you have to start thinking about them.

    2. Create Your Unique Value Proposition

    Create your unique value proposition by asking yourself these four questions:

    1. What are your personality features? What benefit do you offer people?
    2. Who are you and why do people enjoy working with you?
    3. What do you do and what do people want you to do for them? How do you solve their problems?
    4. What makes you different from others like you?

    The answers to these questions will give you the information you need to create your professional story, which is the key step to creating your personal brand.

    3. Write Your Professional Story

    Knowing who you are, what you want, and the unique value you offer is essential to you creating your professional story. People remember stories. Your personal story incorporates your value proposition and tells people who you are and what makes you unique. This is what people will remember about you.

    4. Determine Which Platforms Will Support Your Personal Brand

    Decide which social media accounts and online platforms will best represent your brand and allow you to share your voice. In a professional capacity, having a LinkedIn profile and a CV that reflects your brand is key to your positioning in relation to role opportunities. People will be connecting with you because they will like the story you are telling.

    5. Become Recognized for Sharing Your Knowledge and Expertise

    A great way for you to promote yourself is by sharing knowledge and helping others. This is where you prove you know your stuff and you gain exposure for doing so. You can do this through social media, writing, commenting, video, joining professional groups, networking, etc. Find your own style and uniqueness and use it to attract clients, the opportunities, or the jobs you desire.

    The importance of having a personal brand is not going to go away. In fact, it is the only way where you can stand out and be unique in a complex changing world of work. If you don’t have a personal brand, someone will do it for you. If you let this happen, you have no control and you may not like the story they create.

    Standing out from others takes time and investment. Most people cannot make the change by themselves, and this is where engaging a personal brand coach is a viable option to consider.

    Advertising

    As a personal brand coach, working with my clients to create their personal brand is my passion. I love the fact that we can work together to create a personal story that defines exactly what people will say when you leave the room.

    Other People’s Stories

    Listening to other people’s stories is a great way to learn. In his article, 7 TED Talks About Personal Branding, Rafael Dos Santos presents the best Ted Talks where speakers share their stories about the “why,” “what,” and “how” of personal branding.((GuidedPR: 7 TED Talks About Personal Branding))

    Take some time out to listen to these speakers sharing their stories and thoughts about personal branding. You will definitely learn so much about how you can start your journey of defining yourself and taking control of your professional and personal life.

    Your personal brand, without a doubt, is your secret weapon to your career success. As Michelle Obama said,

    “your story is what you have, what you will always have. It is something to own.”

    So, go own your story. Go on the journey to create your personal brand that defines who you are, highlights your uniqueness, and the value you offer to the world.

    Featured photo credit: Austin Distel via unsplash.com

    Reference

    Read Next