Tag Archives: intellectual property

Administrative , , , Leave a comment

Outsourcing Your Content Marketing: Legal Safeguards

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Regarding the process of content marketing, I work both sides of the street.  In addition to generating original content for this blog, for the past 6 or 7 years I’ve worked as an outsourcer, both generating and editing content for two monthly newsletters and serving as editor only for a third.

The practice of content marketing has taken root in many organizations, from Freelance consultancies to multi-national corporations.  The responsibility for generating a good deal of that content has been outsourced.  President Trump is apparently the author of his own tweets but many corporate execs, government leaders, celebrities and other public figures are not.  Text, images, audio and video content destined for blogs, newsletters, webinars and an array of social media platforms might be created by an in-house social media specialist or, increasingly, the function is performed by an external marketing firm or a talented and plucky Freelance consultant.

Ideally, your content marketing will become an effective inbound marketing strategy and “pull” self-selected potential prospects who will be primed to become your customers.  Along the way, good content will also enable customer engagement and enhance and promote your organization’s brand.

Producing top quality marketing content is time-consuming and you may at some point decide to outsource all, or segments, of it.  Before you finalize that decision, take the time to consider what you would like your content to do for your organization; how much content it makes sense to produce; and how you can protect your intellectual property (because the content represents you and your business, whether or not you write it).

Determine the best content marketing platforms for your business

As always, it’s necessary to know your customers and target markets to determine the type of content that will resonate.  B2B clients will have different expectations than B2C or B2G customers and you must reflect that in your platform choices.  Be advised that you cannot and should not attempt to be all things to all people.  Consider picking one or two options, depending on the size of your organization and budget.  Develop an editorial calendar so that you will feature relevant seasonal topics throughout the year.

  • Weekly blog
  • Monthly newsletter
  • Semi-annual webinar
  • Email marketing
  • Social media updates
  • Semi-annual case studies
  • Annual video (with audio) featuring you or other key team members

Specify the outsourcing requirements

Clearly describe what you would like your outsourced content specialist to do.  Do you want content creation and editing, or do you want editing services only for content that you create? Will your content be original, or will you mostly feature short preludes that introduce links to other articles that tell your story? Would you like images included in your newsletter or blog? Might you like short videos to be embedded in your blog or newsletter and will that function be the focus of the outsourced duties?

Finally, when would you like your blog or newsletter to publish (for example, every Tuesday at 6:00 AM or on the 15th of every month?) Share your proposed editorial calendar and publishing schedule with your outsourcer, so that s/he will know what to create and when to have the content ready.

Assign the content copyright

Stay on top of this one, people.  Be advised that unless you specify in the outsourcing contract that all content belongs to you, then ownership will lie with the outsourcer who creates it.  On your own, or after your outsourcer is no longer in your employ, you may want to repackage text, images, or video from your blog or newsletter and use it on your website, in email marketing letters, or in a book (that could be written by you or by the original content outsourcer, a ghost author) and you must ensure that you will have the unrestricted use of what you paid for.

Further, you are advised to include an indemnification clause against possible copyright infringement of text and images that the outsourcer may (unwittingly) commit.  Some images are free, 95-year-old plus images are in the public domain and others are for sale.  Misinterpretation can be costly.  Also, proper credit must be given to images and failure to do so will cause legal problems for you.  Your business entity is the publisher of the content and is the responsible party.

Address the potential legal liabilities of your content

If your content addresses a subject that requires some manner of official licensing—medical, legal, investment, architectural, engineering, or nutritional, for example—it will be wise to include disclaimers or some assurance to readers that the information provided meets accepted regulatory standards and best practices.

Contract with outsourcing termination clause

Include all points detailed above in a contract that is signed by both you and your outsourcer and send a signed copy to the outsourcer.  Hire an intellectual property attorney to review your draft contract to ensure that both you and your outsourcer are protected.   Be certain to specify  who owns the content and how it can be used after the work relationship has ended.  Non-disclosure of potentially sensitive information can also be included.

Thanks for reading,

Kim

 

 

Marketing , , Leave a comment

How Much Free IP?

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Absorbing your Intellectual Property, distributed free of charge by you through content marketing, is one way that potential new clients make their hiring decision. They are not sure if you are worth the investment represented by your fee for service, so a factor in the hiring decision is the perceived value of your free content. Does the prospect find it helpful and credible?

Your blog, newsletter, white paper, podcast or webinar demonstrate your authority and may help to convince a client who needs reassurance about your expertise.  A prospect who discovers your online content in theory could reach out and propose getting together for coffee, or scheduling a quick call to get some questions answered.  Or maybe you offer a free 30 or 60 minute consultation call as part of your services?  Either way,  remember that you are in business to get paid and giving away free advice does not necessarily lead to a contract.

Preserve the value of your IP

When you too often give away your expertise, the incentive to pay for it decreases. Scarcity and unique value must define your services.  You deliver the desired results and for that you are paid a premium price.

Establish boundaries because time is money

Your time and expertise are your most valuable resources and it is essential that you monitor their expenditure carefully. If you agree to speak with a potential client at no charge, do not allow the conversation to turn into a fishing expedition.  Answer two or three important questions and then let it be known that if more information is needed, an hourly rate will be instituted.

Gaining experience

If you are early in your Freelance consulting career, you must build a client list. If you have a new service that you’d like to test market, you will need exposure.  Selectively offer your services gratis, for a limited time.

Pricing

There are times when adding a free service upgrade is a way to maintain your pricing structure in the face of pressure to lower your fee.  The cosmetics industry does the very well when a free gift with purchase is offered to customers.

Thanks for reading,

Kim

Business Strategy , Leave a comment

Protect Your Intellectual Property

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Suppose you decide to do what I recently did and contact the managing partner of a consulting firm and propose that the two entities agree to explore the possibility of  forming a business alliance that just might become very profitable? Business is all about deal-making and every once in a while a Freelancer has to pitch a good proposal to the right prospect.  After all,  nothing ventured,  nothing gained.

But there is risk involved,  usually for the smaller entity.  Freelancers typically offer intangible services,  better known as intellectual property.  We trade on our expertise and judgment,  our brand and reputation,  that which distinguishes us from the pack and allows us to make a  living.

Engaging in a business alliance or joint venture usually involves the sharing of intellectual property by one or both of the parties  (in this case,  it would be me).  How can you protect yourself from unscrupulous operators who might decide to appropriate your valuable IP,  when you’re out there trying to be proactive and proposing potential business deals to parties that might be interested,  without getting ripped off  for the fruits of your ingenuity?

Denver attorney Susan F. Fisher defines intellectual property or trade secrets as  “any formula,  method,  or information that gives you a competitive advantage…anything that takes time,  money or effort to develop and that you don’t want potential competitors to know about.”  Most business alliances,  including licensing arrangements,  require a Freelancer or business owner to reveal trade secrets and other IP.

Protecting the coin of your realm is a top priority.  Surprisingly,  that can mostly be achieved by taking just a few simple steps that cost no money at all.  Step one is to identify your intellectual property or trade secrets as restricted material and therefore not available for general distribution.  Mark the material “Confidential” in big bold typescript.  Step two is to require a special password to access the document file,  to provide yet another level of security.

A third IP security measure is to unambiguously state in a letter,  or in the email to which the file of IP information is attached,  that said information is proprietary and confidential and that it is being provided as part of a business proposition in which you would like to be paid,  should the proposal come to fruition.

Instituting such safeguards not only protects IP,  but also demonstrates to lawyers,  judges and juries that you identified your IP as confidential and not for general distribution,  that you made it known that the information you shared was sensitive and that you intended and attempted to protect your IP,  should a dispute ever lead to litigation.

The ultimate level of security is to require that the party with whom you share IP sign a nondisclosure agreement.  The NDA provides formal legal protection of  your IP and trade secrets.  Furthermore,   the NDA specifies what information is considered proprietary and what is not and will also describe limits as to how the IP may be used and for how long the information must remain confidential.  In the NDA,  your attorney should request that all copies of confidential information that detail the ingredients of your  “secret sauce”  be returned to you at the end of that term.

So by all means,  be an enterprising Freelancer and pitch a good idea to the right decision-maker.  Just be sure to start the venture off on the right foot by taking a couple of no-cost steps to protect your interests.  I’ll let you know how things turn out with my idea.   I was invited to call the managing partner in early December to find out if he and his colleagues feel that we have something to discuss.

Thanks for reading,

Kim