Tuesday, April 14, 2015

New startup? Emerging artist? Make sure IP is in your business plan.

Every business needs a business plan, you are doing yourself a huge disservice if you don't have one. Even artists, designers and musical performers that would like to see profits from their work should have a business plan in place.

https://www.flickr.com/photos/internetsense/7434014840/

It can be as simple as a one page list of goals and ways to achieve them or extremely advanced with pages and pages of detailed financials. For most startups I would recommend something in the middle of the road, like here on the SBA website: https://www.sba.gov/writing-business-plan  Most importantly it should be prepared yourself (or with founding partners) because naturally, this is your baby you brought into this world, nobody cares for it or knows it quite like you. 

A Google search will yield thousands of business plans ideas and outlines. One thing I noticed is that many of these business plans leave out a very important part of most businesses, a plan for intellectual property. 

Just to rehash:

What is intellectual property?

Intellectual property (IP) is generally composed of copyrights, trademarks, and patents. Anything falling into these categories have value. If you are the creator you would really want to be able to protect others from basically copying your idea and profiting of of it, taking away your customer base, undercutting you etc. IP rights are also considered assets when valuing a company, to be used if you are interested in selling your company, obtaining financing etc.

How to put IP into a business plan

First, you would want to make a list of exactly what IP rights you have (copyrights, trademarks, trade names, service marks, trade secrets, utility models, source code, drawings, blueprints, inventions, songs, sheet music, music videos, etc. etc.) A.K.A. build your "IP portfolio" 

Second, you should officially register your work that is copyrightable/patentable/trademarkable. Officially registering your IP gives you a huge advantage to take action against any unauthorized use of your IP rights.

Third, create a system of protection of your work. When working with distributors, employees, collaborators, or any other services that come into contact with your work products, you should have in place agreements that address confidently, use and ownership of your rights.

Fourth, address how much your business depends on your IP rights. This is a big one. Question yourself whether your business can even function without intellectual property and to what extent. If you are an artist, performer, inventor or in the tech industry, you don't even exist without IP rights. In some industries IP is really straightforward and others such as fashion IP is wishy washy, so it would be a good idea to really think this one out. Be sure to also include any current or projected licenses, franchises, consent agreements, non-compete agreements, databases, etc. 

Fifth, monitor your competition, outline what methods you will use to seek and destroy those mean infringers. Also create a list potential IP liabilities you may have. 

Sixth, plan out how you will monetize your IP, I am assuming you are running a business for a profit and not as a hobby, if so your IP rights can work for you (or you can sell them). Create plans and agreements on how you will get license fees and royalties (and/or pay license and royalty fees to use the IP of others). If you haven't got your lawyer involved yet, here is where you should to avoid catastrophic disaster. Well written agreements are necessary. (such as licensing agreements where one party agrees to "rent" IP from another)

IP planning is really important and an often neglected piece of a proper business plan. This is where you take inventory and create systems for your IP, plan what you want to do with your IP, and have agreements in place on how you will deal with involvement of others with your IP. Don't make the common mistake of leaving out this crucial aspect of your business and happy planning!





Wednesday, April 8, 2015

YouTube's copyright restrictions too restrictive?

The most recent breaking news surrounding the 2016 Presidential run is when YouTube pulled the plug on Rand Paul's presidential announcement this week.  

I always wondered about the people that uploaded Disney Sofia the First episodes in dubbed chipmunk voices that my daughter would watch on YouTube, who would even bother to do such a thing? After a little investigation I found out their chipmunk voice dubbing was done to avoid the highly criticized ContentID robot copyright police employed by YouTube.  

ContentID was responsible for automatically blocking Rand Paul's video because it played a song in the background "Shuttin' Detroit Down" by John Rich, the rights of which are owned by Warner Music Group. The way ContentID works is first the copyright holder submits to YouTube their copyrighted audio, video, or gaming material. ContentID scans the database of YouTube videos to find matching audio or video and the copyright owner can create settings whether they want the video automatically blocked, muted, or to leave the video and monetize it. In this situation Warner chose to block the video. 


The problem with ContentID is that it's not perfect and has been known to indiscriminately take down videos that have no infringing content whatsoever such as videos uploaded by licensees, through fair use, or public domain. Many YouTube account holders had their videos taken down that don't even sound similar to the material it supposedly infringes.  The claim dispute process can take a month or more to resolve, which is especially harmful to the many people that depend on their videos for their livelihood. To deepen the wound, not only are the videos blocked but funds from the monetized videos are taken away from the content holder and diverted to the claim holder. This guilty until proven innocent method means huge headaches for account holders that did nothing wrong in reality. 

Licensees who have the right to public performance of copyrighted works also see their videos automatically taken down by the ravenous ContentID monster. Could this be the case with Rand Paul?...... I mean I am hoping a hopeful future president would license the copyrighted music he planned on using in his public performance. 

Let's face it YouTube has a monopoly on the infinitely massive video hosting realm and shows no signs of slowing down, more the reason to employ fair and just procedures to deal with copyright infringement.  The freedom loving Google/YouTube conglomerate has unleashed this ContentID beast which shoots first and asks questions last. The use of ContentID is all in all contrary to the aims of copyright law which was formed to foster the growth of the arts, not trample all over it.