- Sometimes you'll want to use someone else's
intellectual property on a consulting engagement.
Sometimes other people will want
to use your intellectual property.
Know your rights with respect to the IP of others.
Whether it's frameworks, photos, videos, or processes,
if someone else created it,
they likely own the rights to it,
and you can't use it without permission.
If you want to use it, write them and ask for permission.
You might have to pay a licensing fee
if they do allow its use.
If they say no, respect it.
Using IP without permission is theft.
I worked with one guy who was building an app
to help people deal with bipolar disorder.
He showed me the app,
and it was amazing the amount of content he had in there.
He had treatment plans and techniques that people could use
to better manage their mental disorder.
When I asked him where he got all of his content,
if he had people on his team that were writing it
or if there were clinical studies involved,
he said, "No, there's this other company that did it,
"and they put all their content out on the web,
"so that's what we're using."
I asked him, "Do you have a license
"to use that intellectual property?"
He said, "Well, no, I figure it's out on the web,
"so that means people can use it."
I very quickly educated him on the need to secure rights
to use that IP.
If he went ahead without getting those rights,
he was taking a huge risk.
Protect your IP and be properly compensated for it
when you license it to others.
This requires getting legal counsel
and writing strong contracts.
Specify in the contract what clients can and cannot do
when they own your intellectual property
after the engagement.
Don't leave this to chance.
Your work can be considered work product
which the client owns after the engagement
if you don't properly scope it in the contract.
Document preexisting materials.
Specifically call out those items
as non-transferring in your contract.
When licensing your IP to others,
whether it's partners or clients,
consider the following points.
What can they use the IP for?
At thoughtLEADERS, we limit the use
of our intellectual property.
If we license it to a client,
we say, "You can use it internally,
"but you cannot train other trainers."
Where can they use your intellectual property?
Is it a specific group, a division?
Can they use it globally?
Can they use it with their clients and customers?
How much do they have to pay you?
Is it on a per use basis?
If it is, how are you going to track it?
Is it an annual fee?
Does that fee renew automatically?
Can they modify your intellectual property in any way?
If you license your intellectual property to partners,
are there limits on its use?
Are there specific prices they have to offer it at?
Be sure to price your intellectual property license
to compensate you for the loss of revenue
from you not conducting the delivery activities.
Your intellectual property is one of your greatest assets.
Protect it with contracts
and be mindful of unintended consequences
when you license it to others.
If you're not careful with your IP,
there are some really bad consequences down the road.
And make sure when you're using the IP of others
you respect it the same way
you would want somebody else to respect your IP.