Have you ever stayed up at night wondering if you could get sued for the images on your website? Should you trademark your practice? How can you prevent other people from stealing the content on your website?
In this episode, Joe Sanok speaks with Bobby Klinck about intellectual property and how to not get sued.
Meet Bobby Klinck
Bobby Klinck is not a typical intellectual property attorney. Even though he got his degree from Harvard Law, practiced law for some of the most prestigious firms in the country, and was mentored by Supreme Court Justice Neil Gorsuch, you would not guess he was a lawyer by visiting his office; His whiteboard is filled with tasks related to platform building, inbound marketing, and sales-funnels and his bookshelf is filled with books written for online entrepreneurs.
Bobby is an online entrepreneur whose main expertise is the law. He founded his company, Your Online Genius to help online entrepreneurs who can’t justify spending tens of thousands of dollars on an attorney protect their online businesses.
- Website: https://www.youronlinegenius.com/
- Facebook: https://www.facebook.com/YourOnlineGenius/
- Podcast: https://www.youronlinegenius.com/podcasts/
- Twitter: https://twitter.com/Bobbyklink
Bobby Klinck’s Story
Bobby Klinck ‘fell into’ intellectual property. He used to be a Federal Prosecutor. He then joined a small entrepreneurial law firm. Soon after he joined them, he was put in charge of a patent infringement case. Bobby loved doing this and so decided to expand his services within the intellectual property area and go into it full-time.
In This Podcast
Defining Intellectual Property
Intellectual property means anything you can own that you can’t hold in your hand, i.e.:
- Patents: cover inventions, i.e.: machines
- Trademarks: a word / phrase / image that identifies the source of a good or service, i.e.: who is providing it. For example, Nike’s tick and ‘Just Do It’ are their trademarks.
- Copyright: covers the right to make a copy or distribute any kind of creative work.
- Trade Secrets: law that protects your confidential information, for example: Coca Cola’s recipe. A more relevant example could be email lists.
- Right to Privacy / Publicity: you can’t take an image of someone or use their name for commercial uses without their permission.
Intellectual Property Myths
Using Google images will get you into trouble at some stage – TRUTH.
Three things to look for to determine if you are allowed to use images from a website:
- Royalty free
- Commercial use is allowed
- No attribution is required
Using clips from movies, i.e.: only a few seconds – MYTH
There is a doctrine called ‘fair use’, so you can make fair use of copyright material. However, you don’t want to rely on this unless you are working one-on-one with a lawyer. The places where fair use tends to be allowed is in reviews. Also, if you are making use of it for commercial use, it’s usually not ok.
How Can You Protect Your Intellectual Property?
The most important thing is to make sure you are not stepping on anybody else’s toes. However, if someone steals your blog post, more than likely, you’re not going to do anything about it. There is the Digital Millennium Content Act, which can help.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.
What Intellectual Property Should Be Protected
You get some trademark and copyright protection automatically as soon as you start using your name in commerce. If you have a brand name other than your personal brand, you can get it registered as a trademark for around $375. Consider this (especially) if your brand operates initially. However, you pay separately to register your name, logo, etc.
“Is this something that’s going to be important to you five years from now?”
You need to have confidentiality agreements in place before you share any information that is confidential relating to:
- Independent contractors
- Potential business partners
If you are publishing blog posts, ensure you include in your terms that you are not providing medical / legal advice.
- Free image sites:
- Your Online Genius cheat sheet
- Practice of the Practice Paperwork Packet
- Your Office Lighting is Hurting Your Business and other Tips from Cheryl Janis | PoP 273
Meet Joe Sanok
Joe Sanok helps counselors to create thriving practices that are the envy of other counselors. He has helped counselors to grow their businesses by 50-500% and is proud of all the private practice owners that are growing their income, influence, and impact on the world. Click here to explore consulting with Joe.
Thanks For Listening!
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