Speaker - October 2007

Intellectual Property

Intellectual property is another area worth addressing. Because, as speakers, we are paid for our thoughts and our interpretation of information, it is important to protect intellectual property as a valuable asset. There are some simple measures that can protect your intellectual property. For example, copyright all of your materials. Include in your contract a statement denying the client permission to reproduce the handouts or to record your presentation without your written consent. You may also think about offering licensing fees for subsequent distribution of your materials.

For a majority of the engagements that the average speaker books, addressing each one of the 10 provisions will cover most of the ways a relationship can go wrong. However, each speaker has to evaluate where he may be at risk of exposure and what provisions to include. Some clients may require a more detailed and well-defined contract then others.

When writing the contract, stay away from confusing, legal-sounding words. In fact, the more a contract reads like plain English, the least likely a misunderstanding will happen. Also, don’t cut and paste any provision that you do not fully understand. If you don’t fully understand a provision, ask your lawyer to explain it to you. As they say, an ounce of prevention is worth a pound of cure.

Ultimately, contracts that clearly and accurately outline the rights, responsibilities, duties and roles for each person or organization will address most, if not all, of the problems that could arise between two organizations that choose to work together.

Jeanette Nyden is an attorney, mediator and professional speaker. As the president of J. Nyden & Co., Inc., she provides negotiation skills seminars and keynote presentations. For free negotiation resources, visit www. jnyden.com. Jeanette can be reached at (206) 723-3472 or at jn@jnyden.com.