Archive for March, 2010

The Exponential Power of Licensing

Lately I have been thinking a lot about ways a business owner can make more money and diversify their risk at the same time.  And, the thought that keeps coming back to me is licensing.

Licensing is the magic secret sauce to most any software company.  It allows them to create their software product once and create scalable income streams by licensing the product through different channels.  As a lawyer who spent most of my professional life earning money through a model that is not scalable (fee per hour) without a lot of complexity, I was always amazed at how quickly a software company could build value through licensing.  Many times, my clients have done this without having to deal with other complexities of business growth such as the requirements for more money, employees and systems.

As a business owner, you may think that licensing only applies to business models such as software or music and entertainment.  But this is a big mistake that is causing you to lose out.  And, in times like these where businesses are struggling, I encourage you to think about how licensing might be your ticket to more revenue and more stability.

Licensing is I can speak to almost anyone who runs a business or has developed expertise or a special skill set in his or her profession and find several licensing opportunities.

For example, I met a local restaurant owner in my hometown the other day.  He owns three restaurants and we started discussing how the current economy has changed his business.

Throughout just our conversation, I determined that he was an expert at three things: (i)  how to cost effectively launch a restaurant; (ii) pitfalls that cause other restaurants to fail during tough times; and (iii) an advertising campaign he has perfected over the past ten years that still brings customers in even in difficult times like this.  I figured this out from just a 30 minute conversation with a guy I just met.  I am sure he could add at least 10-20 other areas.

Other restaurant owners would pay money to gain his expertise. For example, he could license his advertising campaign process to other restaurants in different cities. There are several revenue models he can use.  Given that the process has proven successful, he can charge a flat fee for it and even charge a premium if a restaurant owner wants an exclusive in his territory.  Or, he can create an ongoing revenue stream by allowing a business to license its use on an annual basis.  Another way to take some risk out of a licensing deal and more upside for him is to license it where his payments are based on the # of customers who come into the restaurant as a result of the process (use a coupon ID for tracking).  He could get an ongoing income for years. . . and think about how many restaurant owners there are in the US that could benefit from this.  It is a true win win for all involved.

I know of another business owner that has perfected a business for selling language translation services.  In order to grow, he considered raising money to fund advertising, public relations and other sale activity.  But, the avenue of a licensing model had more appeal to him. He is now licensing his marketing material to others to sell the same services.  In fact, he even provides his licensees with access to his translators at a wholesale rate.  In essence, he has licensed his entire business model to an army of representatives and will likely triple his income leveraging expertise he already has.

Through licensing, you will find ways not just to increase your income but to also diversify your income which is really important to any business.  In fact, it is certainly possible to create income streams that beat your current income level because licensing creates such scalable opportunities.

About 5 years ago, I started creating other income streams in my own life through licensing and other similar business models and I am now happy to say that the profit streams I created allows me the flexibility of not having to practice law if I do not want to.

Copyright protection arises when you create an ORIGINAL WORK OF AUTHORSHIP and fix it in a tangible medium of expression.

So, while copyright does not protect plain ideas or concepts, it will protect the content you create on a webpage or in an eBook.  Also, software can be protected by copyright laws.

This protection actually is created automatically as soon as the work is created and fixed into a medium fo the first time.  What this means is that once you place your content into a web site program or on our computer. . . or once you write your eBook content and save it into a computer file, your work has US copyright protection.

WHY AND WHEN SHOULD YOU REGISTER COPYRIGHTS (IF REGISTRATION IS NOT NECESSARY TO RECEIVES THE RIGHTS OF COPYRIGHT)?

While copyright registration is not required to obtain protection for your website content and ebooks, it is required before you can sue anyone to enforce those rights. In other words, if you find that someone else is unlawfully copying and using your content or distributing your eBooks, you cannot file a lawsuit against them unless your copyright is registered.

There are additional benefits for registering your copyright early.  If you register a work within 3 months of the time you make it available to the public, you will have the right to statutory damages, legal costs and attorneys fees.  This is a huge benefit as statutory damages can be very high especially if the infringing party is acting intentionally (known as willful infringement) and as we all know, attorneys fees can become very expensive.

Practically, having a registration is very powerful as a preventative weapon.  You can likely get an infringing party to stop immediately by delivering a strong letter letting them know that your content is copyright registered which means that their action are willful due and they will be liable for significant statutory damages and you legal fees to enforce it.

BOTTOM LINE

Copyright registration is not expensive and for written content, it is a fairly straightforward process.  You can go to www.copyright.gov for more details.

While it is not necessary to copyright register every single work of authorship you have in your business, you should consider registration for those works that bring or are related to bringing in significant income into you business.