Another reason to respect copyrights

I sing, both in choirs and as a soloist. The sheet music salespeople are well primed to explain copyright issues to choirmasters. Choirmasters in turn explain to choirs that if the choirs are discovered to be singing off unauthorized photocopied music, the choir is liable for thousands of dollars in fines.

People who sell large quantities of text have face-to-face contact with their buyers (choirmasters and academics come to mind). During those visits, they can to explain and threaten (maybe over a nice lunch). Amazon’s and Barnes & Noble’s relationship to their buyers is far more distant; it’s harder for them to stress the copyright issue to us.

Choirmasters and academics are probably more likely to want to cooperate with publishers for another reason: both want to publish before they perish. If they succeed in publishing one day, they don’t want to think that they may lose royalties because somebody thought it was cheaper and easier to use the photocopier than to order new copies.

Handel and Haydn should be in the public domain, right? Maybe. But publishers are businesses. They need reasonably profitable backlists in order to take chances on new composers. One of my favorite choirmasters published a few choral works. I think I’d have heard if they were runaway successes. Probably not. But what a thrill it was for him and for those who knew him to see his success, which was only possible because the publisher was making money from better-established works.

So, yeah, people may wish that sheet music were cheaper, but they don’t begrudge publishers their profits. If Hal Leonard moves into the Fortune 5000, though, let me know. I may change my tune.

An interesting note about musical copyrights: One of the first copyrights in England belonged to composers Thomas Tallis and William Byrd. In 1575, Queen Elizabeth granted them a patent to print and publish music, a decent monopoly, I’d say.

Three reasons why PR cares about copyright

Your PR department is probably the department most concerned about copyrights (outside the legal department, of course).

Here are three reasons.

Many PR people come from professional journalism backgrounds.  They’ve published or broadcast their thoughts and research.  They don’t want to see someone else casually benefiting from the fruits of their labors.

Even PR people without publishing or media experience are writers.  Humble and anonymous though the press release be, a PR person actually does write each one.  

Professional journalists and flacks, we all hope to produce a sentence, poem, paragraph, essay or book that lives on after us.  And when we do, we want our names on it, not the name of the person who hits the “copy” button or control-C.

Most pragmatically, PR people need positive relationships with media people.  Media people count on royalties or higher payments based on how many people read or see their work. 

What if I were a journalist and I discovered that the website of a company that was wooing me contained reproductions of my copyrighted work?  I’d be indignant.  I probably wouldn’t give that company good coverage. 

Unauthorized reproductions happen all the time.  A well-meaning and unsophisticated person scans a magazine article and puts the PDF up on the website.  Or the person exceeds the “Fair Use” doctrine and plagiarizes.  This happens in print, too, but it’s harder to spot.

If I were a journalist, I’d know that the job of the PR person at that organization was to cozy up to me.  I’d expect her or him to defend my copyright on my behalf, to stay on my good side.

Sometimes, as the PR person, I’ve noticed shocking plagiarism.  One example is a news site in a developing country reproducing entire articles without attribution.   I’ve pointed those violations out to the reporters whose words were stolen.  I didn’t do it to be righteous.  I did it because I wanted to strengthen the bond between the reporter and me.

As a PR pro, then, I occasionally make myself unpopular pointing out that, no, we can’t just reproduce copyrighted material.  I do it because it’s important in media relations.  But I also do it because I hope, one day, to write some immortal words.  And when I do, I don’t want Jim Bob’s Blog ‘n’ Bait Shop to take credit for them.

Copying Copy

The point of a blog is to update it frequently, with interesting content that invites readers to stick around, leave a comment, and return to read more.

I don’t have that much to say.  If I had, I’d write a book.  The truth is, my noteworthy insights are rare.

Most of what you find here is what the legacy media would call evergreens, articles that you can hold in a drawer (or on a thumb drive) and run any time.  Many professionals already know what I tell you about the basics of SEO, for example.  It’s true--it’s just not really news.

Then why do people from all around the world read this blog? They can easily find information about SEO or public speaking on better-known, easier-to-find websites. 

Could it be the very obscurity that draws them here?  Search engines look constantly for fresh content, as we’ve said.  So everybody wants new words on their websites.

At the same time, search engines penalize duplicate content.  If they find the same text on multiple websites, the search engines figure that somebody’s trying to game the system.

So what’s a site owner to do?

a)      Write fresh material every day.  It doesn’t have to be newsworthy.  It just has to be new

b)      Find fresh material, um, somewhere else and copy paste it

c)      Find fresh material, um, somewhere else, and mash it through article rewriting software to change the nouns and the verbs

d)      Offshore the process

A relatively obscure blog like this one is a good place to find words to copy, because other people are unlikely to find it and copy it.  

I'm not really worried about duplicate content yet.  I am worried about looking ridiculous.  Spammers have run my press releases through rewriting software before.  The results would have been hilarious--if my name hadn’t been on them. 

If this blog is your, “um, somewhere else,” and you’re here to borrow copy, I can’t really stop you.  All I ask is that you

e)      Take only the evergreens.  They have better search terms anyway.

f)        Make substantial changes, like more than 40%

g)      Please, leave my name off your final product.

If you’re here to read, hi there and welcome!  Please leave a message and tell me what else you’d like to read about.

Trust Me

"Bob said that in the old days, a handshake was good enough to seal a deal," said a relative over dinner, talking about Bob's experience growing up in textile country, back when Americans still made clothes in North Carolina. "They didn't need any lawyers."

I remembered old home ec books, with instructions for turning old dresses into jumpers, and making dad's old shirts into pinafores for little girls.

"Clothes were expensive in those days," I said. "Things were cozy. Manufacturers all knew one another. They could agree on a handshake."

"It's only when outsiders got into the industry that not everybody knew one another. Then they needed contracts to spell out their expectations. Those outsiders shook things up, and they drove prices down."

The relative did not appreciate my opinion, but her husband, an attorney, did.

I've been thinking about trust lately. As I said, I have a great idea. To submit a patent application, I need an engineer to think it through. But how do you find the right engineer, somebody you can trust not to steal your idea? You don't look them up in the Yellow Pages. You ask around. And when you find what you hope is the right person, you draw up a paper agreement, just in case.

Which is Poorly Made in China, a new book by Paul Midler, fascinated me. Midler lives in southern China. He negotiates and performs quality control on behalf of US importers of Chinese manufactured goods.

He describes how, after a couple of shipments, Chinese producers begin a process Midler calls "quality fade," subtly and gradually substituting less expensive materials or processes. Or when the importer gets a big order from an American customer, the producer announces a price hike. Or increases production runs and exports to another country.

Is it that the Chinese producers have no respect for the paper contracts they sign? Or is it that they view Americans as capitalist running dogs who deserve to be swindled?

Minutes after I closed Poorly Made in China, I picked up the Star Ledger and read Kelly Heyboer's article about Centenary College's closing its Chinese and Taiwanese satellite campuses. Cheating there was so widespread that administrators declared that they could not confer the MBAs the students had enrolled for.

Until it's violated, we don't realize how much we rely on trust, nor how expensive it would be to have to police every transaction.

Midler says that the Chinese are only able to copy Western products, but Heyboer describes wristwatches that allow people taking competitive entrance exams to share answers. I doubt Americans are making or using those. Not yet.

How do you guard against Dick Tracy watches in exams? Make everybody test naked?

Anyway, you can be sure I won't outsource my patent application to China. Keep your fingers crossed for me, ok?

SCORE!

I have a great idea for a patent...at least my family thinks so. I need an engineer to work with me on the design. I think I know how to proceed, but what if I overlook a problem or an opportunity?

I called SCORE, the Service Corps of Retired Executives.

How SCORE Works

SCORE "Counselors to America's Small Business" is a nonprofit association dedicated to educating entrepreneurs and helping small business start, grow and succeed nationwide. SCORE is a resource partner with the U.S. Small Business Administration (SBA).

SCORE has 364 chapters and 12,400 volunteers throughout the United States and its territories. Both working and retired executives and business owners donate time and expertise as business counselors.

My appointment is next week. Even if my idea is not the huge success we all hope for, it's fun to dream. Please keep your fingers crossed.

Here's how to find SCORE Offices near you.

Marketing Intellectual Property

I never really thought much before about how marketing an idea is a lot like marketing any other intellectual property, a manuscript, for example.

Then I read License Your Invention: Sell Your Idea & Protect Your Rights with a Solid Contract by Attorney Richard Stim. Chapter 5 has a long section warning against marketing scams.

Promoting an idea is an extreme test of marketing ability. All you can sell is the sizzle; you don't have any steak. Stim says that some marketers are not up to the challenge. He describes the "Invention Developers" law of 1999 and how it protects inventors from bad marketers. Definitely read the book for more information.

I learned more by talking for a long time to Charles Wieland, III, at Buchanan, Ingersoll & Rooney, about the patent process. He was both knowledgeable and helpful. If I had a patentable idea he could help me with, I would have signed up with him on the spot.