Thursday, October 7, 2010

How To Protect What You Create With A Copyright

In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.

Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.

A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.

According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.

Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.

A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.

Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.

The Difference Between Trade Secrets And Trademarks

Some people get confused between trade secrets and trademarks. A trademark is something that is publicly recognized and known as being officially associated with a particular company. In contrast a trade secret can be a much more broad definition and by its very name is not made public.

According to the laws in most states, any device, pattern, formula, idea, or collection of information that gives the owner an advantage in the marketplace and is protected by the owner in a way that shows that it can be reasonably expected to keep their competitors or the public from finding out about it without stealing it is considered a trade secret.

There are many examples I can give of trade secrets. In an actual product, a trade secret could be the way certain ingredients are combined in the formulation of a nutritional supplement. Recipes, in particular those employed at commercial restaurants, are considered to be trade secrets.

One very famous one that I can think of right off is Colonel Sander's recipe for his Kentucky Fried Chicken. An idea for an invention that one has that they have not filed for a patent on yet would also be considered a trade secret, as are the complex algorithms that search engines like Google use to give us search results online.

Trade secrets are the opposite of other types of protecting of intellectual property such as trademarks and patents. The whole idea of a trade secret is to keep it from public knowledge and it is basically something that a person or company does themselves. Your trade secret will be given protection under law until you make the information public.

Companies and individuals protect information that they are unable to guard with other legal means such as patents and trademarks. There are numerous things that can be considered trade secrets. An idea that will give you a big jump over your competition in a particular market or even an idea for a piece of software or a website would also be a trade secret. Business information that you keep secret and only allow access to by employees such as marketing plans, costs, and pricing would be protected under law.

According to the law, the owner of a trade secret can legally prevent employees from using trade secret information or disclosing it by binding them with confidentiality or non-disclosure agreements. They also have legal protection from people who get the information by stealing it or through industrial espionage as well as people who get the information knowing that it is a protected trade secret.

The best way for a company to protect itself legally is to have employees sign a non-disclosure agreement, also known as an NDA. You should also have them signed by anyone that you do business with such as lenders and investors. An intellectual property attorney can help you with drafting this important document.

How to Invite Happiness Back Into Your Life

"All my life I've wanted to be somebody, but I see now I should've been more specific."

I just love this quote by Jane Wagner, as it describes how most of my clients feel when they first come to me for help. They know something isn’t working in their life, and they’re fairly certain that they’re not happy, but they haven’t figured out how to invite the state of happiness back into their life. Frankly, they’re still trying to figure out who that ‘somebody’ is in the big picture. When I ask them “What does that ‘somebody’ look like to you?”, I usually get a blank stare back until they get their “Aha!” moment and are able to answer me. I also refer to this as one of those “Wake up, Alice – this ain’t Wonderland” moments” in my coaching practice.

I remember when I first started coaching, I just wanted to help women be successful. Right! That was about as clear as mud. It's no wonder it took me so long to get where I was going. And yes, I would whine because I didn't get what I wanted. Imagine that. Thank goodness, I personally have had excellent coaches and mentors who taught me that if you want to get somewhere in your life, you're going to have to get a lot more specific if you want to get there. You're going to have to start asking different questions than the ones you've been asking.
Here's an exercise for you to do that will help you get specific about what you want and invite the state of being happy back into heart and life!

1. OK, what does ‘happy’ look like to you?
This is my favorite question as it really makes you think about what you want. Are you looking for more ME time, more money, more fun, more business etc.? Make a short list of what your desires are to help you get more focused.

2. Is it in keeping with my Core Values?
If you are living in a state where you’re constantly going against your beliefs, then it’s no wonder you’re not happy! Your Core Values are what makes you unique – what set’s you apart from everyone else. If you deliberately do things that are in direct disharmony from your values, you will never achieve true happiness.

3. What actions would I have to take to get there?
Well, depending on where ‘there’ is, the actions will be different. One thing I do know for certain is that without ANY action on your behalf, you will NEVER get anywhere! Change always involves action – you need to physically and mentally make an effort to change your behaviors in order to invite new habits into your life.

4. What kind of support would I need and from whom?
The biggest support you need in order to change is that which you get from yourself! If you are not your own biggest fan, then learn to build up your levels of self-confidence and self-esteem first. Do only those things that make you feel good inside and encourage you to aspire to do even more. Take that course to learn to speak Italian! Go enroll in piano or guitar lessons! Sign up for that Yoga class! It always helps if you can get support from your friends and family, but if that isn’t happening, consider getting a personal coach to get you to that next level.

5. How would I feel when I got there? Wherever ‘there’ is!
If you imagine NOW how you’ll feel when you get wherever ‘there’ is, you’re more likely to succeed. This is based on the Law of Attraction and it is a very obedient law. It always matches whatever vibrations you send, both negative and positive, so try envisioning being happy and content in wherever ‘there’ may be for you long before your arrive at that place.

6. How committed am I to getting there?
Are you only doing a little bit or are you willing to do whatever it takes to get you to that happy place? If you approach making the necessary changes in your life in a lackadaisical way, not caring if you really succeed, you might as well not waste your time and effort. You need to put 100% of your time, thought and energy into getting to where you want to go. 50% effort will only get you 50% positive results, and who wants to settle for only half a cookie when you can have the whole thing? You have to be willing to do the work – period. As the old saying goes, ‘Put your money where your mouth is!”


Are you starting to get the picture? The road is not as hard or as long when you know where you are going and you get really specific about your journey.

Try working these six steps for a month and see what happens. I’m sure you’re going to be very surprised at how you’ll feel. Everyone deserves to be happy so take time today to start inviting joy back into your life.

Focus on the Positives, Not the Negatives and Achieve Success

I believe that the Number 1 saboteur next to People Pleasing is Stinking Thinking!

Have you ever observed the stuff you say to yourself all day long? Do you realize how much of it is negative and defeating? If you are going to be up to big things in your life, then you are going to have to change your thinking and your talking. I know you’ve heard that attitude determines altitude. Well, in my world the Law of Attraction Rules. I have seen it work in my life and in my client’s life over and over again. It is the foundation for attracting more of what you do want and less of what you don’t want in your life.

The Law of Attraction says that you attract to your life whatever you give your attention, energy, and focus to, whether positive or negative. So simply put, if you focus on positive and good things (thoughts) in your life, you will attract more of what you do want in your life. If you focus on not enough and negative things, (thoughts) in your life, you will attract more of what you don’t want in your life.

In Michael Losier’s book, “Law of Attraction Book: The Science of Attracting More of What You Want and Less of What You Don’t”, he states: “When you make a statement containing the words don’t, not or no, you are actually giving attention and energy to what you don’t want. Simply ask yourself “So what do I want?”

Here are some examples of how this negativity shows up in your life. You might say things like:

I don’t want my clients to cancel.
I don’t want to be late.
I don’t want to have that conversation.
I don’t have enough money.
I don’t want to say NO.
I don’t want to be a whiner.

All these thoughts contain the word ‘not’ and are negative, and each time you say or think them, you end up attracting more negativity into your life.

Here are 4 things to keep in mind.

1. This thinking is not terminal.
2. You do have a choice.
3. You can change this.
4. You can take back your power.

Here are 2 action exercises to practice this week:

1. Every time a negative thought comes into your head, just say Cancel and replace with positive thought.
2. Every time you say, “I don’t want...”, replace it with “So, what do I want?”

Also remember to keep ‘an attitude of gratitude’ going because nothing will attract more positive things into your life than this one simple action. By being grateful and acknowledging the things or people that are making your life truly wonderful, you have a sure fire method to make sure that you KEEP your life heading in that direction.

If you want to learn more strategies for taking back your power and attracting more of what you do want in your life, get a copy of my People Please No More System (see below) for more information. It has everything you’ll ever need to have more productivity, more profit, and more power in your life right now.

Get your copy today. You’ll definitely be grateful after reading it.

The Fit and Fabolous SOB

Prevention is the key to anything. So start taking care of yourself—whatever
that means to you.

There are guidelines to everything. Information for mammograms, colonoscopies,
standard blood tests, calorie amounts, and types of exercise are so numerous,
I don’t need to go over them here. What I do need to do is highlight the fact
that you must practice utilizing what’s out there so you can lead a FIT AND
FABULOUS life.

Unfortunately, no one can motivate you but yourself. It’s up to you to
surround yourself with the items and people who will help you pursue the
kinds of things that produce fitness and wellness.
Let’s talk about image first. Fortunately or unfortunately, people form an
impression of you the first 30 seconds they meet you. You can spend the rest
of your life trying to change it or just make the right one immediately. When
you are fit, your clothes look good on you, you carry yourself with style and
panache, and people are attracted to you. It doesn’t matter if you’re a size
4 or 16—it matters what you think of yourself.

It’s awful than 3500 calories equals one pound. It’s not fair that although it
takes forever to lose the one pound, just by looking at that piece of
chocolate, you gain it right back. We know that isn’t really true even though
it seems like it. Basically this means that if you want to lose weight you
have to eliminate 3500 calories a week from your diet to lose one pound and
if you want to gain weight, eat an additional 3500 calories in that same week

Although certain foods are burned up faster than others, you need to find out
what works for you. You may even need to get a personal trainer or
nutritionist to help you.

With exercise, you lose inches, not pounds. Your metabolism will increase and
circulation improve. It doesn’t matter what you do as long as you do
something. Choose what you enjoy, not what you hate. You know your body the
best.

The three key points to being fit and fabulous are:
Mental—this has to do with assertiveness and attitude Physical—this has to do
with diet and exercise Spiritual—this has to do with image, appearance and
conduct.

You may not list them in that order and think they have all those components,
but believe me, they are all part of it. No matter what you do, unpleasant
experiences come into your life. How and what you do daily allows you to cope
with the disasters and enjoy the highs.

Nuclear Power becomes Popular Again

Construction of nuclear power plants declined following the 1986 disaster at Chernobyl. Lately, there has been renewed interest in nuclear energy from national governments, the public, and some notable environmentalists due to increased oil prices, new passively safe designs of plants, and the low emission rate of greenhouse gas which some governments need to meet the standards of the Kyoto Protocol. A few reactors are under construction, and several new types of reactors are planned.

As of 2006 there are 442 licensed nuclear power reactors in operation in the world, operating in 31 different countries. Nuclear power plants currently provide about 17 percent of the world's electricity, yet how much of the world's current and future environmental problems does Nuclear Power contribute to? Nuclear power has both powerful enemies and friends but does the bottom line come down to costs? The December 2005 World Nuclear Association report The New Economics of Nuclear Power states that "Nuclear power is cost competitive with other forms of electricity generation, except where there is direct access to low-cost fossil fuels". The need for cheap energy can not be argued when every week price increases are announced from all the gas and electricity suppliers in the UK. The Ukraine recently had their gas supply stopped by Russia, how long is it before this happens to the UK? Do we not need to be self-sufficient when it comes to the generation of power? Can renewable energy not begin to take a larger role in this supply? See GuideMeGreens green directory for renewable energy companies and recycled products in the UK.

The report goes on to say that fuel costs for nuclear plants are a minor proportion of total generating costs, though capital costs are greater than those for coal-fired plants. At the NIA 2006 launch of the Commission's position paper on the role of nuclear it confirmed "that nuclear is a low carbon technology with an impressive safety record in the UK" and "Nuclear could generate large quantities of electricity, contribute to stabilizing CO2 emissions and add to the diversity of the UK's energy supply." While we have an impressive record of safety in the UK, Chernobyl has proved that a nuclear accident thousands of miles away can effect the UK for decades to come. The Tsunami also caused problems at Nuclear Power plants around Asia as the plants are built near the sea due to the large amount of water needed to cool the rectors. Greenpeace has always fought vigorously against nuclear power because they believe that it is an unacceptable risk to the environment and to humanity and that the only solution is to halt the expansion of all nuclear power, and for the shutdown of existing plants.