The Busy Creator 36, Intellectual Property & Legal Issues for Creative Pros with Attorney & Educator Kelley Keller
12/15/14 • 58 min
Kelley Keller (@KelleyKeller) is an Intellectual Property Attorney & Education, and founder of The Keller Law Firm. She’s also the creator of Innovation to Profits, an online educational resource for anyone with creative, valuable ideas.
This legal-focused conversation discusses the types of IP, how portfolios must be handled, competition in the age of the Internet, Fair Use, and other legal matters important for creative pros in business.
Show Notes & Links- F.U.D.
- Intellectual Property, a definition
- IP is “controlling the movement of knowledge throughout the marketplace” ← Click to Tweet
- Types of IP: Brand Names/Trademarks, Copyrights, Patents, Trade Secrets
- The Coca-Cola formula, the world’s most famous Trade Secret
- The Portfolio, a body of work for a creative pro
- Work-for-hire relationship (common for employees)
- Employer owns the work, employees need permission
- Non-compete and non-solicitation agreements are governed by Employment Law, at the State level
- “An ounce of prevention is worth a pound of cure.” ← Click to Tweet
- Brand X
- As for your original logo, you have responsibility to protect and to police
- The Digital Millennium Copyright Act (DMCA), and its Takedown Notices
- The US Copyright Act of 1976 says, essentially, the moment you create something, you own the copyright (assuming it’s copyrightable (original, independent, etc.))
- The difference between a “trade name” and a Trademark. The trade name is the legal name of your business at the State level; Trademarks are marketplace identities, and must be cleared on the Federal level.
- 1099 and W-9 forms, Tax forms for outside contractors
- Nissan Motors v. Nissan Computer
- Captain Fantastic Faster Than Superman Spiderman Batman Wolverine The Hulk And The Flash Combined
- Apple Computer v. Apple Corps Records aka “Why aren’t the Beatles on iTunes?”
- US Olympic Committee v. Olympic Gyro
- Colleges Tell High Schools Logos Are Off Limits
- Agents and officers seize more than $4.8 million in fake NFL merchandise and seize 307 websites during ‘Operation Fake Sweep’
- Washington Redskins Mascot Controversy
- Washington Redskins Change Their Name To The D.C. Redskins
Kelley Keller (@KelleyKeller) is an Intellectual Property Attorney & Education, and founder of The Keller Law Firm. She’s also the creator of Innovation to Profits, an online educational resource for anyone with creative, valuable ideas.
This legal-focused conversation discusses the types of IP, how portfolios must be handled, competition in the age of the Internet, Fair Use, and other legal matters important for creative pros in business.
Show Notes & Links- F.U.D.
- Intellectual Property, a definition
- IP is “controlling the movement of knowledge throughout the marketplace” ← Click to Tweet
- Types of IP: Brand Names/Trademarks, Copyrights, Patents, Trade Secrets
- The Coca-Cola formula, the world’s most famous Trade Secret
- The Portfolio, a body of work for a creative pro
- Work-for-hire relationship (common for employees)
- Employer owns the work, employees need permission
- Non-compete and non-solicitation agreements are governed by Employment Law, at the State level
- “An ounce of prevention is worth a pound of cure.” ← Click to Tweet
- Brand X
- As for your original logo, you have responsibility to protect and to police
- The Digital Millennium Copyright Act (DMCA), and its Takedown Notices
- The US Copyright Act of 1976 says, essentially, the moment you create something, you own the copyright (assuming it’s copyrightable (original, independent, etc.))
- The difference between a “trade name” and a Trademark. The trade name is the legal name of your business at the State level; Trademarks are marketplace identities, and must be cleared on the Federal level.
- 1099 and W-9 forms, Tax forms for outside contractors
- Nissan Motors v. Nissan Computer
- Captain Fantastic Faster Than Superman Spiderman Batman Wolverine The Hulk And The Flash Combined
- Apple Computer v. Apple Corps Records aka “Why aren’t the Beatles on iTunes?”
- US Olympic Committee v. Olympic Gyro
- Colleges Tell High Schools Logos Are Off Limits
- Agents and officers seize more than $4.8 million in fake NFL merchandise and seize 307 websites during ‘Operation Fake Sweep’
- Washington Redskins Mascot Controversy
- Washington Redskins Change Their Name To The D.C. Redskins
Previous Episode
The Busy Creator 35 w/guest Betsy Helmuth
Betsy Helmuth (@BetsyHelmuth) is an interior designer & decorator in New York City. Her company, Affordable Interior Design, offers exactly what is says on the tin. Over the years, she’s designed rooms in over 1,000 apartments, allowing her to create a systematic approach to working with busy clients.
Betsy’s latest book, Big Design, Small Budget, is available Dec. 11, 2014. Pre-order a copy and give it this holiday season to the interior design geek in your life.
Big Design, Small Budget by Betsy Helmuth
Our conversation centers on the eccentricities of New York City apartments — and apartment-dwellers — as well as the systems Betsy has used to build a thriving business.
Show Notes & Links- Betsy is the first Busy Creator representative for the Interior Design industry.
- People who shop at Ikea and Target are Betsy’s key customers
- New Yorkers feel a lot of anxiety about their space, and their storage (or lack thereof)
- New York City apartments can be “insultingly small”
- “Small is a relative term.” ← Click to Tweet
- Betsy has worked with over 1000 apartments; each year she works with 250 clients
- “It’s a cookie-cutter plan, but within that there’s a lot of individuality” ← Click to Tweet
- West Elm
- Betsy has developed a core 20 questions to determined how her clients live in their
- “After 1000 apartments there’s no judgement. I’ve seen it all.” ← Click to Tweet
- Client On-boarding/Discover Process
- Best business advice Betsy every received: “If the name of your business doesn’t say exactly what you do, change it.”
- The Big Idea with Donny Deutsch
- Clients find Betsy by Googling “Affordable Interior Design”
- The Ikea Effect — If you built it yourself, you create an emotional investment
- “Never ever ever, ever, build your own Ikea (unless you’re a professional)” ← Click to Tweet
- 80/20 rule applied to Ikea (80% crap, 20% gold)
- Japanese school of thought for actors who clean their own stage, it builds awareness of the world
- “Honor your space”, give it attention
- “Your space is like committing to a partner”
- Multi-variable Differential Equation
- “not-yet-ness”
- “The limitations define ‘the box’, and that’s where the magic happens.” ← Click to Tweet
- Eames Chair with Ottoman
- Cable Management is key; get a “raceway”
- Prescott’s new desk (forthcoming blog post)
- CableOrganizer.com
- Our previous podcast episode about Project Management software and collaboration
Next Episode
The Busy Creator 37 w/guest Felix Sockwell
Felix Sockwell is an illustrator and graphic designer based in New Jersey. Following a storied early career in some of New York’s top agencies, Felix changed direction to pursue his solo practice as an illustrator. For him, setting up outside the City didn’t mean obscurity; instead, he’s developed a unique signature style and works with a varied of high-profile clients like Facebook and The New York Times.
See more of his work on his website, FelixSockwell.com
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Felix Sockwell for WQXR, his signature continuous-line illustration style, click to enlarge
Show Notes & Links- Felix describes himself as both a designer and illustrator, from a family background in design, illustration, and advertising
- “Illustrative Designer” Von Glitschka
- East Texas State University, Felix’s almost mater
- DDB Needham/Tracey-Locke, ad agency in Dallas
- The Richards Group, communication agency in Dallas
- Brian Collins
- Ogilvy‘s Brand Integration Group (BIG) in New York, known for their 16-hour days
- Rick Boyko
- Laurie Rosenwald
- Luke Hayman
- Tom Vasquez
- Alan Dye
- Felix’s style is continuous vector line illustration
- Thelonious Monk Quartet with John Coltrane at Carnegie Hall, cover artwork by Felix Sockwell
- T.S. Monk — one of Thelonius Monk’s similarly-named sons — lives in South Orange, NJ
- Charles Anderson
- Eric Johnson
- Starwood Hotels
- Le Méridien, a Paula Scher/Pentagram client at the time
- Christine Blackburne, photographer and previous podcast guest
- Highlights Puzzle
- Pushpin Studios, an influence for Felix
- Prescott worked with Seymour Chwast
- Norman Rockwell‘s style
- Joe Marianek, formerly of Michael Bierut‘s team at Pentagram and
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