Archive for the ‘Copyright and Trademark’ Category

Dear Danielle: Can I Use Content from Your Site?

Dear Danielle:

The templates I purchased from your site have been, and continue to be, very helpful. I’m working on my website and I wonder what the policy is for using information from your site if credit is given with a link to your site. There is soooo much useful and helpful information and if I may use some of it (with appropriate credit) then I would be most grateful! —MB

I’m so happy you are finding everything so helpful to you, and I really appreciate you letting me know that!

I’m afraid, however, using our content (or anyone else’s, for that matter) is a BIG no-no.

(It’s also the quickest way to get on my bad side. ;) )

The idea is not to copy other people. Whether you give them credit or not, simply taking content from someone else’s site to use on your own is copyright infringement.

Only the content owner gets to decide who may use what content, if any. Likewise, the content owner may not want her content used in a particular way or on a particular site.

You don’t want to be a copycat anyway. Nor do you want to get into legal hot water because you have used their content or made derivative use of it.

(“Derivative use” is a legal term that basically means plagiarism. It’s where someone takes someone else’s content and changes words or things around a bit to disguise the use. But that’s still copyright infringement and it’s illegal.)

If you want to educate the marketplace with our content, the only way I allow that is by placing a membership button on your website so that those who are interested can follow the link and read our content on our site.

(By the way, as a side note, we have things coded so that the link opens in a new window and doesn’t take your visitors away from your website).

Ultimately, it’s not your job to educate the marketplace about Administrative Consultants. The ACA site already does that.

You need to speak for your business. Your job is to educate your target market on how you do things and how you help them.

Plus, we don’t need an industry where everyone is all using the same words. Clients actually hate that and it frustrates them to no end.

You do nothing to differentiate yourself from the crowd and help them choose YOU by using someone else’s content and repeating the same tired, boring, ineffective industry script that everyone else in the industry is reciting chapter, line and verse.

And think about it… imagine what it would be like if I let everyone use our content.

If I gave one person permission, everyone else would expect to have favors and exceptions made for them as well. That doesn’t do anything to help Administrative Consultants be original and stand on their own two feet as business owners, and we’d have a sea of websites all saying the same thing (like there is already).

Giving people content and doing all their thinking and work for them is against everything I stand for. Without going through those exercises for themselves, they do not gain the important lessons and insights necessary to succeed on their own in business and marketing.

It’s sort of like this:  I’m not here to do the math (or the work) for you, which teaches you nothing. I’m here to give you the knowledge, know-how and tools so you can do the “math” for yourself and be unique.

Everything I do is about encouraging and helping people come up with their OWN content, in their OWN voice. I even have a product to help you do that:  Articulating Your Value: How to Craft Your Unique, Irresistible Marketing Message to Stand Out from the Crowd and Attract Well-Paying Clients Who Can’t Wait to Hire You (GDE-38).

You May Only Share What Belongs to You

I need to bring up a somewhat uncomfortable topic and that is intellectual property.

It’s been brought to my attention that there are people sharing the contracts they’ve purchased from me and the ACA Success Store with others and that is a HUGE no-no.

Those products are my intellectual property. Your license to use them extends only to your business with your own clients.

Outside of that, you do not have any legal right to share them with colleagues, and you will get yourself into real legal hot water if you do.

If you come across posts on listservs and forums where people are asking others to share their contracts, you would be doing the members and the list/forum owner a favor by letting them know that the contracts they are sharing may be someone else’s intellectual property and they could be opening themselves up to legal liability by sharing them.

It’s not ethical and could cost them a pretty penny legally defending themselves. They can also potentially have their assets and bank accounts frozen by Court-ordered injunction if they are found to have misused someone else’s intellectual property in this manner.

It’s a very, very bad idea and list owners (if only out of self-preservation) should discourage those kind of conversations as they can be held liable as well. You do not want to be dragged into costly legal proceedings, especially if you are not the one doing the sharing, so it’s best not to promote or faciliate those conversations.

I know you’re trying to be helpful, but you can only be helpful with things that belong to you. My contracts and other products do not belong to you. They are strictly for your own personal use in your own business.

There is an alternative though, one that will allow you to be helpful AND earn you money at the same time.

Join my affiliate program so that you can refer others to the ACA Success Store and earn 25% commissions on every successful sale you’ve referred via your affiliate link.

Here are the details (super, super simple and easy): ACA Affiliate Program

Dear Danielle: I’m Stuck On a Business Name

Dear Danielle:

I have just made the decision to start my own Administrative Consultant business. I’ve been researching lots of sites for helpful info. I’ve started a business plan. I’ve researched software and equipment upgrades I need to make. Right now, I’m really stuck on finding a name for my business. Maybe I’m making a big deal out of nothing but I can’t seem to come up with something catchy. Any tips? MG

Naming a business is an important decision, so I’m glad you’re taking the time to think it through. You’re not making a big deal out of it at all–it IS a big deal. Good for you. :)

There are a few things to think about in naming your business.

First, you do want something unique. You want to differentiate your business and stand out from the crowd. And you definitely don’t want to be confused with any other existing Administrative Consultant business.

Which bring us to the second point–steer clear from infringing on the rights of another Administrative Consultant’s existing business name use. That will get you into hot water with your colleagues–not a great way to introduce yourself to the community, and trust me–you will need them.

There are no geographical boundaries in Administrative Consultant world. We all operate in the same virtual marketplace so it doesn’t matter if Superlative Administrative Consulting is in another state. If you use that person’s existing business name or something derivative of it, she’s not gonna be very happy with you, and may seek legal recourse. That could be very costly to you, and she’ll probably tell all her buddies in the industry about your infringement while she’s at it.

So once you start to come up with some names, due your due diligence: make several Internet searches, look through all the various Virtual Assistant directories, and double check with folks in your professional communities.

In naming your business, it really requires you to go back a few steps and think about your target market. You need get clear about what you do, who you do it for and what results you achieve for them. Formalizing that thought process is going to help you establish your branding.

Once you know those things, you then have a better idea of who your business name is really for. What do most of their websites look like? Are they a serious or fun-loving group? Do they sell products or services? Are they in an industry or a skilled/degreed profession? Are they going to appreciate cleverness or inventiveness, or is traditional formality going to better appeal to their sensibilities? What kind of name will instill trust and credibility in them? What brand aspects can your name convey to them?

These are the kinds of questions that should come to mind once you decide who your business is speaking to, and will help you decide what sort of business name will best suit their tastes while conveying your brand position.