Commoncraft Blog

Licensing Your Trademark - A Positive Alternative

For a couple of years now, through our work with videos, I’ve realized that licensing is an often neglected business model.  Not only is a potential revenue source, it’s a way to work with people in a positive and permission-based manner.

Patrick O’Keefe, author of Managing Online Forums, recently wrote a post that got me thinking.  It’s called “Rethinking the Cease and Desist - Don’t Threaten Fan Communities and Groups - License Your Brand to Them.”  Patrick is a professional community manager and has a lot of real-world experience in dealing with fan communities - and I think he’s 100% right.

I believe I have the solution. You have to control your trademark. You also don’t want to abuse your vibrant fan base. You feel you are between a rock and a hard place. The solution? License your brand to the site and/or it’s proprietors.
Provide them with a license allowing them to do what they are already doing.

Let’s take a step back and talk about the issue at-hand.  If you own a trademark, like “Common Craft” you must protect it.  If you don’t, you could lose the ability to protect it in the future.  For this reason, you have to be proactive. Unfortunately, enforcing a trademark can be messy.

If you’re a major brand, you have lawyers who are constantly scouring the web for people who use the trademark in illegal ways.  For instance, if I used the Coca-Cola logo to advertise my new drink, they would surely send me a nice letter.

For small companies, it’s sometimes not so simple.  While enforcing your trademark is your duty, you have the real potential of ruining the goodwill you’ve built among your customers and fans by handling the situation in a clumsy way.  

There are the obvious cases where an organization is clearly trying to create confusion by using your trademark to promote their own products.  This is an easy one - a cease-and-desist is often the only thing that will cause them to stop.

Most often though, the person or company violating the trademark (for example, using your logo without permission) does not have bad intentions. They are a fan who wants to use the trademark to help you - not take business from you.  This is a simple case of awareness.  They either didn’t know it was trademarked, or didn’t understand the basics of trademark law.  It’s these cases that are the hardest because a cease-and-desist will seem misplaced.

This is where licensing comes in.  As I’ve written before, licensing is the business of permission. You have the right to control your intellectual property, whether it’s your words, music, videos, logos, etc. and licensing is how that control is often managed. Trademark is a tool that makes licensing possible - they give you legal authority to control what you own.  

So, to Patrick’s point, what seems like a trademark violation may be a business opportunity, or a way to have a formal, productive relationship with fans.  

Let’s say one of your fans wants to start a blog about your brand.  Without asking, they grab a logo from the web and start a blog, maybe with the name of your company in the URL.  You notice it and realize that they are violating your trademark. The problem is confusion: people may confused their site with your site. Avoiding this confusion is part of why trademarks are important. Consumers need confidence that they are dealing with the genuine article. So, if you feel it's a risk, you have a choice. One is to stop them with a cease-and-desist, which will feel harsh to one of your biggest fans.  Another option is to go them and say something like:  

“Hey, I saw your blog and I’d love to see it continue.  As you may know, I own the trademark for the logo and title your using.  I’d like to work with you to keep using them, but I need to make sure that it’s clear who owns it.  For this reason, I’d like to license it to you.  This way, you have my explicit permission to use it and we can work together on how it’s used in the future.  I’ve attached a simple document that outlines how the relationship works.”

This is a more productive way to manage this situation.  There are a number of benefits:
    1.    You protect your trademark
    2.    You create a formal relationship with a big fan
    3.    You have the opportunity to make this a business

Every situation is different, but think about #3 above. Permission doesn’t have to come with a fee, but often it does.  You could easily say that using the logo (for example) costs X amount per year.  Before you know it, you’re making passive income based on your intellectual property -  and that’s a good business to be in.

Final Note:

Of course, we are not lawyers. If you have questions about trademark law, please talk to an attorney.  Here are a couple of links about trademark and trademark infringement:

http://en.wikipedia.org/wiki/Trademark_infringement

http://www.copylaw.com/new_articles/trademrk.html

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Behind the Scenes with the Explainers at the New York Times

The folks at Explainist.com point me to this awesome segment for the Gestalten.tv podcast. It's about the folks who create the graphics for the New York Times.  I'll use the same quote as Explainist did - it's a good one:

At the Times, we generally err on the side of clarity, versus aesthetic. The simplicity we try to achieve is an aesthetic in itself.

- Archie Tse, Graphics Editor

Watch the video:

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New Videos by 1/29 Explainers

1/29 Explainers (a member of our Explainer Network) has been doing a lot of great work lately and I'd like to highlight a couple of their recent projects.  Nick Seuser heads up the team in the Bay Area and I asked him to provide a bit of info about the projects:

The first video is for Flock, the social web browser:

Next up with have a video for the Millennium Foundation's MASSIVEGOOD event:

With such keynote speakers as Bill Clinton, Condoleeza Rice, Annie Lennox and Ashley Judd, this piece premiered at the GBC Conference in June, 2010.  The idea was to demonstrate how easy it is - with just a few clicks - for companies and employees to save lives while getting business done.

Good stuff. If you're in the market for a video that explains your company, service or product, check out the Explainer Network of video producers, or contact Common Craft.

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Custom Video: Rightcliq by Visa

Today Visa is rolling out a new product called Rightcliq that makes online shopping easier and more social. It works in your browser like a bookmark or plug-in. I'll let the video below explain the rest. You'll find it on the Visa website here.

About this production

Like so many online products, Rightcliq by Visa has an explanation problem that deserves special attention. A solid explanation is key for people to see the value and feel connected to what it does. For example, people have been shopping online for years.  We have our favorite sites and feel comfortable with the process. The online shopping experience is well established in our minds. Because it's so well established, we may even be skeptical of change - and therein lies the challenge.

How do you convince someone that something they already love could be even better? Our challenge with this video was to help the audience identify with the problems of online shopping (products on multiple sites, lack of input from friends, payment hassles, package tracking) and then show how Rightcliq solves them - and the key is to "show."  Explaining this kind of product is difficult with words or even pictures, but a story in video form about a person "Jennifer" who experiences Rightcliq - that's where the product comes to life.  As always, our goal is for the viewer to say "I feel that way!" about the problems and "I want to use that!" to the solutions.

We really enjoyed working with the Rightcliq team at Visa.  They were not only very professional and amazingly organized, but fun - something we value highly.

For more info, see this TechCrunch article.

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Richard Byrne Explains Why He'd Pay for a Free Video

Richard Byrne over at Free Tech for Teachers has been one of our biggest supporters in the edu-blogging world and was kind enough to highlight a few of our videos in a recent post called "Three Common Craft Videos That Should Be In Your Training Library."  In this post, Richard states:

I like Common Craft videos for the clear simplicity of their presentations. For that reason I actually purchase copies of the videos to save on my hard drive. I encourage you to do the same if you use their videos for trainings.

Apparently, this post caused some of his readers to ask an important question: Why would I buy something I can use for free? It's a question we hear from time-to-time and I think that Richard's response was one that we really appreciate.  In a follow-up post called Why Pay For a Free Video? He re-posts his answer from a previous post:

A couple of days ago I Tweeted that I was buying a copy of Common Craft's video Wikis in Plain English. The fact that I bought anything may come as a shock to some readers. After all, this is Free Technology for Teachers and you can watch all of the Common Craft videos for free at various places on the Internet. So why did I purchase Wikis in Plain English? I purchased a copy of it because I will be conducting some workshops over the next few months in which Wikis in Plain English will be useful. Since I will be getting paid for those workshops, using the free version of the Common Craft videos would not be right. Put another way, Lee and Sachi put a lot of their time and effort into the production of their videos, for me to profit from their work without paying for that work would be like stealing. Therefore, I bought a copy of Wikis in Plain English and will purchase other videos from Common Craft as needed. Unfortunately, there are a lot of people that haven't come to the same conclusion that I have and have abused the work of Lee and Sachi Lefever. Because of those abuses, the newest Common Craft video is not embeddable although you can still view it for free on Common Craft.

At the end of the day, we've made the choice to share less than half of our library on You Tube. In making that choice, we've left the decision up to the individual educator about how to proceed. Are happy for educators to use the YouTube versions, but we also want people to know that the videos we license do offer benefits that you won't find with YouTube.  Just to name a couple, they are high resolution and look great on projector screens. Further, they don't have any ads or watermarks.  They are designed for workshops and presentations and we work with schools on licensing all the time. Here's a case study.  

We always appreciate educators who do choose to license videos from us, for whatever reason.  It helps us keep making videos. We also understand that educators cannot always afford licensing and hope that the YouTube versions can be an option. In which case, we only ask that you help spread the word about our work and value it provides. 

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Back Into the Custom Video Business

Here’s a question.  Let’s say you’re dedicated to being a two person company and you receive many more requests for your services than you can handle.  How do you serve more customers and maintain a high quality without hiring a team?

We asked ourselves that question recently in the context of our custom video work.  Because there continues to be a lot of interest in Common Craft videos, we decided to refocus our efforts on custom videos.  This led to the idea of working with another company that could take on the parts of the process that aren’t the best use of our time.  An example is video editing.  While Sachi is an awesome self-taught video editor, others could easily learn her techniques, and edit Common Craft videos for us. This way, Sachi’s time can be spent on other parts of the creative process.  The same is true for me - is my time better spent cutting out pieces of paper, or writing scripts?

The choice was clear - more videos means getting help from another company.  For us, the choice was an easy one. Switch Marketing was a founding member of our Explainer Network and has grown over the last year to meet demand for their own videos.  We’re excited to be working with Switch on future Common Craft custom videos. They are our first and only “Common Craft Certified“ producer.

The bottom line: Our top priority is maintaining the high quality experience customers have come to expect from Common Craft. To ensure that quality, Sachi and I are involved in every step of the process and focus our time on creative. We do research with customers, write the scripts, direct the storyboards and sign-off on every production. Plus, yours truly remains the voice of Common Craft videos.  Switch helps us manage the projects and produce the videos.  It’s a great way for us to work with more clients and do what we do best. Yaay!

Of course, our video licensing is alive and well and continues to be a big priority for Common Craft.  After building a foundation for two years, we’re excited to have found our stride in both custom and licensed videos. Further, our Explainer Network of video producers continues to offer their custom video services.

If you’re interested in a custom Common Craft video, our schedule for this summer and fall is just opening for a limited number of projects.  Learn more about our custom services here.

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Video: Secure Passwords - Explained By Common Craft

Today we've published a new video: Secure Passwords - Explained by Common Craft

I don't know about you, but in the past I've taken passwords for granted. These days though, I'm very careful with my passwords because I know the risks and what lengths criminals will go to discover someone's password.  This video is about understanding the risks, creating a password that can't be guessed and protecting it from criminals and wandering eyes.

This video will soon be part of our Net Safety Pack, which is meant for helping students of all types understand the risks and make decisions that will protect them and their information online.

Watch the video.

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Signs as Explanations

It's true - I love signs.  I take pictures of them, laugh about them and talk about if they work or not. I think the fascination is related to explanations.  Signs are usually meant to communicate within constraints, much like our videos.  This post is the first in what I plan to make a series. Let's look at a few.

This sign is at an establishment on a boat dock in Seattle. Like any "head" or toilet on water, it deserves special care because it doesn't operate like a normal toilet.  Overall, I think it's great - it provides a simple, understandable rule and a concrete consequence for not following it.  But I can't help but get stuck on the opening line "These are Mechanical Marine Heads."  Why is it so specific?  Does this mean anything to the land-lubber?  I doubt it does and I think it compromises the communication by using language that's overly specific.  The opening line is so important and it should inspire confidence. This one made me say "so?" I suggest "This toilet is different."

Please forgive the focus on the bathroom, but they are often filled with interesting signs.  This one is at SeaTac airport, but is one you see everywhere.  My criticism of this is not about content so much as placement.  If the goal is to get people to wash their hands, why tell them at the sink?  If they're at the sink, there is a good chance they're already doing it.  I think the sign should be placed near the toilets.

Speaking of toilets, this sign is on a toilet at a restaurant in Seattle. The toilets use reclaimed water, which is an environmentally friendly option and one that humans can't drink. The sign has to be there by law. It's obviously clear and effective, but seems kind of ridiculous and even funny.  On the sign by the urninal, there's a hand written note that says "OK, I will not drink from the toilet. Thanks."

Next I promise to move away from the toilet-focused signage.

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Video: Woot's Awesome Rapping Monkey Announcement

The Woot! service (known for their one-day, one-deal offers) has always been know for their light-hearted and fun communication style. It's a quality I love to see in companies.  Any company that's prepared to be a little silly and not take itself too seriously has an opportunity to find loads of adoring customers and fans on the web. In the context of boring corporate announcements, these companies seem like the life of the party.

Thanks to their business model and adoring fans, Woot! was recently acquired by Amazon. So what do they do in the face of being acquired by a huge corporation?  They make their announcement in the form of a rapping monkey.  I love it.  It tells the story, it's clever and fun and it feels like something Woot! should do.

If that's not enough for you, check out the hilarious email from their CEO.

Via: Laughing Squid

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Want Common Craft Stickers?

I'm the first to admit that we haven't done a great job on the much-requested Common Craft t-shirts, etc. 

But we do have stickers! 

If you'd like a few (supplies are limited), please be like the person below and send a self-addressed, stamped envelope to:

Common Craft

P.O. Box 18322

Seattle, WA 98118-0322

We'll look forward to hearing from you!

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