copyright, bullshit, and good manners

So I get this letter a few months ago from the Intellectual Property Officer of Strategic Coaching. I posted a (great) article a while back called, "entrepreneurial time management: how i rock it," and they were ticked. "Copy written terms" and blah blah blah. I laughed out loud when I read it. For a few reasons.

Even the most daft entrepreneur knows that:

1) The internet is the global brain. Once an article is firing on the internet neurons, you've got to work strategically hard and deftly to have it buried - fortunately or unfortunately.

The instinctively wise entrepreneurs know that:

2) You GO WHERE THE LOVE IS. You pay very close attention to the people, customers, commenters, and buyers who are paying very close attention to you. You don't waste time trying to convert fringe audiences or to quiet outlying critics - it's an extremely inefficient use of marketing energy. You feed the tribe and keep on supporting them to be your freaking raving mavens.

The daft, wise and enlightened entrepreneurs know that:

3) Good manners are good karma.

And with that, I'm happy to share with you my response to those who are so tightly guarding their uh, copyright:

Dear Intellectual Property Officer and Entrepreneurial Time Management Team,

So let me get this straight: I write an excellent blog post extolling the virtues of your Entrepreneurial Time Management System, foremost siting Dan Sullivan as the creator of the system, linking back to his website, and also linking to a free article of his on www.entrepreneurship.org in which he outlines the system -- and you send me a litigiously-minded email full of copyright declarations, asking me to "take immediate steps to cease use of these concepts on your website, and that [I] refrain from so doing in the future."

Hmmm. I'm confused. Because, in my world, a glowing review such as the one I gave your system is golden publicity that you can't pay for. In fact, it was so glowing that that particular post has since been republished on about a dozen other websites, linked to, saved to on delicious, and received twenty-two comments on my site alone. That's the phenomenal combined power of a great testimonial from a respectable authority, the viral capacity of the world wide web -- and a unique system such as Dan's that makes for truly useful content.

Do you really require that your fans get authorization to discuss how they apply your work? I don't think Stephen Covey needs to approve public articles on successfully applying his Seven copyrighted Habits. I too am an IP generator. I created a personal development system called Style Statement and whenever it's been blogged about in a similarly methodically descriptive and positive way, I went out of my way to actually thank the writer for spreading the good word. In some cases I would even comment on the blog posts and begin to interact with the other commenters. Imagine...supporting those who support you...reinforcing the tribe...making your ambassadors even stronger ambassadors. In my world, that’s good business.

Let me know if you'd still like me to remove my post entitled: Entrepreneurial Time Management: How I Rock It, from my site. And I can (sadly) consider obliging, and never use that phrase in a viral sentence again.

Very sincerely,
Danielle

  • Your reaction is completely justified, and your points are right on. As someone who actually works with Dan Sullivan, I happen to know that the letter you received was generated as a result of an employee making an error in judgment, and unfortunately, failing to consult anyone else before acting. As you can imagine, she is quite mortified by the result, now that she sees the mistake she made (normally, only infringements of the kind Shawn Phillips was talking about above come across her desk, and when your post showed up there, she didn't think it through enough to realize it was a completely different situation that should have been passed on to someone who could have sent you the appropriate thank you). Certainly, Strategic Coach and Dan Sullivan do not believe in treating people who praise them so rudely. We would never have been able to grow our company through referrals to serve over 13,000 entrepreneurs over the past 20 years if this were the case. Though all this was in the personal email I sent you last week, I felt it important to add it to the thread so others could know the true story. People make mistakes. This was a big one. "Progress, not perfection," Dan Sullivan would say. We're sorry that it happened but we hope some good learning comes out of it for others as it has for us. Thanks to your post, this will probably be the case.
  • Simply amazing. Nothing better to do than search for content related to a product and then threaten legal action. They ought to remember and be thankful in that there is no such thing as *bad* publicity, not to mention that you were promoting the product with words of praise, etc. If anything, this sort of *legal* [mis]representation is surely a reason to NOT BUY THEIR PRODUCT(S). Obviously charging too much in order to afford a legal team.
  • Adria
    Really powerful stuff here. People amaze me. Keep up the good work, Danielle. you are ever inspiring and encouraging. F the naysayers.
  • Amazingly wonderful reaction on your part, and I think the only thing that could've made it better would be for you to send them a rate card for your consulting services. LOL
  • ha! yes...will work on my invoice right now.
  • Danielle,

    Good for you for putting this out there and lighting a while hot fire under it.

    I know Dan... and like and respect him. That doesn't mean he's either comfortable or in tune with the reality today that is, as you state, Global Brain.

    And as a person who is also prolific at IP creation, I understand the need and desire to protect it when someone is attempting a blatant rip-off or ... what have you but when you or anyone is using a reference to a system or IP and especially when singing praises. Well, enough said... MADNESS.

    Of course, there's a good chance Dan doesn't even know about this... just sayin'.

    I've had more than my fill of IP and TM issues lately so count me in the fight for freedom. I love Dan's FREE DAYS inside the system but the idea that anyone owns the use of two words put together is asinine at best.

    I've had the great pleasure of first running it off with Lance Armstrong Foundation for a tag line which neither was inspired from this stuff nor could be confused with... simply being over protective for they were moving into my field of Performance Nutrition... ironically, after a day of consulting I gifted. Hummm...

    Then Bayer, the giant drug company, tells me I can't use my last name any more... Phillips, for they own some white tasteless 100 year old magnesium powder that they feel I'd be confused with!!! GTFO !!!

    I've been in Nutrition for over 20 years and my family name has weight... you don't take it from me. Of course, while I'd win the case I'd lose the war for the money they'd happily drain me of...

    Keep on writing and fighting!

    In Strength,
    Shawn PHILLIPS
  • Ava
    The Bayer thing reminds me of something I saw on a documentary once about how lawsuit-happy society has become...a woman in Scotland had opened a small bakery which she called "McMunchies" because she liked how it sounded, and she's Scottish. McDonald's threatened to sue if she didn't change the name, because it was food-related and began with "Mc". Long story short, the head of Clan McDonald found out and basically told 'em if they followed through with the suit he'd slap THEM with one, for not getting permission to use his name.
  • Cathy
    Great work = great response = dampening free positive publicity!!!!???? - THEY MUST BE KIDDING ! I don't always agree with all your ideas or your approach, but on this one I'm with you. ( hmm ...... perhaps they believe negative publicity creates MORE publicity???? .........) Cathy (Australia)
  • MoJo
    White-hot-DEFENDER-of-truth!! Very well put. LOL. Now they'll have to trademark a new secrtion on Tuesday's called 'How to mitigate risk and negative PR due to stupid-ass, outmoded business models and thinking (or lack thereof'.
    Love this...
  • Synchronicity rocks!! I just popped over here to ask for your permission to quote from your book, praise it and link here - but this article says it all. Like Lisis, I'm reminded of what happened to Leo at Zen Habits a few weeks ago. Real scarcity mentality. I'm all for respecting IP rights - would hate if someone stole or abused something of mine - but if credit and links are given and everything's able to be traced back so that deletions/corrections/ommissions can take place if the original author isn't happy, then it's a win/win. Readers know the difference between someone who's been impressed and is recommending from genuine passion and someone who's simply piggy-backing or stealing. We're the judges and juries because we simply walk away from people/blogs who exploit others or steal.
  • I never post here. My wife sends me the odd link to your blog, and I just had to say something. I just posted this over on Sullivan's blog.

    "There's a lot of good stuff here, but this statement - "Today, bureaucratic systems are breaking down." is easily one of the most hypocritical things I've read. You actually trademark "free days?" Give me a break. And, when someone blogs about your system (positively) your legal eagles are all over them. I must have missed the part in marketing courses and books where they say "free positive press is a bad thing and is to be avoided at all costs." Way to prop up those bureaucratic systems you say are breaking down. Talk about not getting what the web is all about."

    They've just become a negative example I will use in a course I teach online about educational media (when we cover copyright)
  • Brad - welcome, darling. thanks for posting on Dan's blog - I'll let you know if I receive some flowers or a lovely note, or if he wants me to coach him.
  • Nancy Froio
    A new great book on this very subject is What Would Google Do-by Jeff Jarvis.
  • good reminder! going to pick it up for my trip to Santa Fe next week!
  • Dear Danielle,

    Just found you recently via Sarah Bray, who I found through Naomi Dunford of Itty Biz via Sonia Simone of Remarkable Communication fame and on and on.... All fabulously successful online entrepreneurs. And the thing that these amazing connections have in common? ... all girls, all white hot chicks of truth and beauty and avid practitioners of the witchy feminine wisdom of COLLABORATION.

    Now I have nothing at all against guys. I am married to a fabulous man who I love to infinity and beyond... but I think what Dan Sullivan is caught up in here is an old school, patriarchal bullshit , COMPETITIVE model of business and life that is hopefully and thankfully on it's way OUT!

    Thanks for articulating the new model so clearly and beautifully. I'm so happy to have found you. And definitely keep us posted as this saga unfolds.
  • Me
    What does your gender bias have to do with the topic again?
  • Joanne
    Someone needs to send Dan Sullivan an email and get his perspective. This is absolutely ridiculous, ignorant behavior. They should be THANKING YOU - and even offering you a free program so you would write about it more. As someone else said - shooting themselves in the foot.
  • Two words: Scarcity Thinking.
  • Completely and utterly dumbfounding, especially the part where they have an "intellectual property officer" who apparently doesn't know a thing about copyright. You CANNOT copyright a word or phrase. You CAN trademark a product or service name. But you absolutely CANNOT either copyright or trademark an idea. You can copyright the expression of that idea (i.e., the actual unique words the original author used or the painting the painter painted), but not the idea itself.

    Now, if you had taken an article from their site or one of their books or whatever and reposted it here, sure, they could have a copyright claim. If you used a trademarked name of theirs and tried to pass it off as your own, they could have a trademark claim. (PS: You are not required to use TM or the R in a circle after someone else's trademarks; only the trademark holder is required to do so.)

    I am not a lawyer, nor do I play one on TV, but I am a publishing professional who has taken the time to eduate myself in this area. I highly recommend that anyone who works with words take an afternoon or so to do the same, if for no other reason than to be able to respond to this kind of bully, who uses scare tactics and assumes you won't know enough to stand up for yourself.
  • yes, yes - this is a case of information being power. an excellent perspective:
    http://remix.lessig.org/. And thanks for yours. I have a friend who does play a lawyer on TV...maybe that wld save me a bundle on legal fees.
  • Cynthia
    This is like a restaurant ordering you not to recommend their food to any of your friends. It's like some retail entity giving you a free t-shirt advertising their brand, with the stipulation that you never wear it in public. Hilarious!

    Your reply is perfect. I hope it isn't TOO clever for Mr./Ms. Intellectual Property Officer to understand. :)
  • I think you handled this beautifully! I thought it was going to be like Leo's Feel the Fear post issue, but you actually gave the guy all the necessary attribution and links! You were giving him free advertising! This one is definitely going too far with ridiculous legal crap. Like Victoria, I'd love to hear how they respond.

    BTW, I love your point #2 above... very important!! :)
  • Lee
    Wow, just wow.
  • Next time I tell someone else juicy gossip and swear them to secrecy, I shall tell them to never tell another soul because it would be copyright violation.
  • Adria
    NICE!
  • it's sad, because they sound like keepers of the old guard. like they've never heard the words, 'viral' or 'tribe' in ways that didn't have to do with illness or [old school] ethnography. jesus. talk about 20th century.
  • Amazing. People can be such assholes that they shoot themselves in the foot.
  • Completely baffling. I'm flummoxed, in fact.

    I can't imagine a scenario where they would be harmed by you posting about their product.

    Please be sure to post an update if you hear from them. I would love to find out how they respond.
  • For real?

    I'm sorry you have experienced this Danielle. Based on your rave, trusted and valued review, I checked their programs out and have since been sending my time-management challenged clients to them to get support and resources. Purchases have been made and money exchanged all sparked by your endorsement. However I will cease and desist referring clients if this is how they chose to roll.

    Supporting good work: generous. Slapping a helping hand: lame.
  • omg! how ridiculous can they be? just absolute craziness, i swear, people need to RELAX. you know what? they probably didn't actually read the post and just sit in a dark room all day googling "entrepreneurial time management" and then send nasty grams to any website where it appears. i would SO love to know what Dan Sullivan would have to say about their coo coo behaviour. I'm sure he'd be like, um duh, this is great press, cut the crap. you'll have to keep us posted on where this goes (if anywhere). hopefully that's it and it's done. keep on spreadin the love sister. amen, hallelujah and high fives to you and what you do.
blog comments powered by Disqus