Speaker - May 2012

WHAT WOULD YOU DO?
Casting a reality check on real-world conundrums

Stop Copying Me!

When it comes to intellectual property, imitation is the sincerest form of theft. There is enough public domain material available for any client to use. Clients should not use a speaker’s unique material any more than speakers should walk into clients’ stores and leave with one of their products without paying for it.

—Scott Mc Kain, CSP, CPAE

Fisher, Ind.

Imitation is the highest form of flattery, providing the original is noted, and the technique or tag line is not trademarked. I usually will discuss this with clients, emphasize that the style or technique is mine, and help them improve their imitation. This is a great way to get new business; for example ‘If you like what I am doing, you should see Lauran Star in action.’

—Lauran Star Bedford, N.H.

What Would You Do? is a regular column that presents a real-life dilemma faced by professional speakers. NSA members are encouraged to submit a dilemma for possible discussion in this column. Please submit dilemmas to ethics@nsa- speaker.org. NSA reserves the right to edit submissions for length and style. All dilemmas will be anonymously attributed. Opinions expressed are those of the individual respondents, not NSA.

“You have a unique presentation style
or technique (e.g., painting fast, drawing
audience members, playing songs a
specific way) and you hear or see a client
use that same style or technique to convey
your message to its internal team.

What would do you do?”

Fortunately, this happened to me only once many years ago. I did the job because I was promised payment later when the paperwork was signed. Alas, I was never paid. Now, I have a cancellation fee. If this happened today, I would offer to barter. Would the client provide a video opportunity, session photos, referrals, or product endorsements? “

—Susan Gingras Fitzell Manchester, N.H.

I will admit that someone attempting to copy my style or gestures for a presentation sounds annoying. On the other hand, the action could be viewed as complimentary. But some things just can’t be duplicated.

—Vi Brown Mesa, Ariz.

An Internet guru said, ‘Your privacy is gone, get over it!’ It’s the same with stolen material. Much of my material was borrowed from my mentors, who borrowed it from theirs, etc. Wade Cannon, one of my early mentors, told me, “The first time you use my material, say, ‘As Wade Cannon once said …’ The second time, you should say, ‘As someone once said …’ After that, you can say, ‘As I’ve always said …

—Ben Gay III Placerville, Calif.

There’s a Facebook group called ‘Imitation Is NOT The Most Sincere Form of Flattery … It’s Just ANNOYING!’ So, I’d say this situation arises frequently. I’d like to meet this person face-to-face and say, ‘I’m glad you thought enough of my style to emulate it, but it bothers me that you’d borrow my signature technique, which I worked hard to develop. I’d be happy to brainstorm with you about how you can create your own methods.