zeopardlegal peace of mind kit for thought leadersCongratulations on making such a sound, valuable investment.“Your integrity is a precious commodity that inherently costs you nothing, but can cost youeverything if you lose it.” Jennie Vickers in a moment of clarity!Regardless of where your career is as at as a speaker or a thought leader, you cannot aﬀord anydamage to your reputation because you are perceived as unprofessional, uncommercial orunethical. Integrity is about structural strength as much as it is about behaviour.The zeopard peace of mind legal kit will give you just that.Jennie Vickers as Director of Zeopard looks forward to working with you to personalise and tailorthis kit so that hopefully you shouldnt have to talk to a lawyer again. Wow, now thats what Icall good value!We’ve chased our tail, so you don’t have to chase yours.Jennie VickersDirectorZeopard Law2011
AcknowledgementsThought Leaders GlobalMatt Church is the founder of Thought Leaders Global, and has been instrumental in mydevelopment of a Thought Leadership approach to legal practice and professional services.You will see throughout this kit references to Thought Leadership, and if you are unfamiliar withany of the other new non-legal language I use, chances are it comes from the Thought LeadersGlobal community.Luckily we have included a copy of the Thought Leaders book by Matt Church, Scott Stein andMichael Henderson with this kit! I recommend in particular Chapter 3, which is all aboutunlocking your expertise. This kit dove tails in so you can protect the aces in your expertise pack.How this kit worksThe kit is divided into 3 parts.Part 1This part covers the most important legal and quasi legal stuﬀ you need to know whenoperating with integrity, but it is underpinned with practical guidance and solutions to legalconundrums.You will ﬁnd ﬁve types of documents each with a diﬀerent context, role, focus and approach:1. Black & White Papers - these provide context and detail on those topics most relevant and signiﬁcant to Thought Leaders and are written with thought leading people in mind;2. Why the... Guides - these contain the key information you need to understand each topic, with practical applications and guidance;3. Cheetah Sheets - a type of checklist to use and reuse every time you produce new slides or scripts, a bit like a cheat sheet but more jungle;4. Cheapest Practice Guidelines - these suggest low cost, safe, pragmatic solutions for those times and situations where the lowest cost is the priority; and5. Thought Provokers - are a series of questions and thought provokers to shape your thinking and to challenge your approach on that topic, to ensure you capture all the key issues and concerns in a document or agreement.Part 2Part 2 is all about the paperwork. It includes agreements, documents, etc prepared speciﬁcallyfor your business in your branding and language, to save you time and stress.Part 3This contains a number of useful reference documents if you need more detail or information.Some are interesting and some are frankly very boring , but you never know what you may begrateful for in a hurry.
part two - the paperwork2.3. Creating and Commissioning 2.3.1 Acquisition of services agreement - large project 2.3.2 Acquisition of services agreement - small project 2.3.3 Conﬁdentiality and intellectual property deed 2.3.4 Words for employment contracts 2.3.5 Assignment of copyright - book contributions 2.3.6 Commissioning agreement - photographs 2.3.7 Model release form 2.3.8 Deed of assignment - commissioned photographs 2.3.9 Conﬁdentiality agreement 2.3.10 Expectations map
Unravelling Creative Commons a zeopard black & white paper Jennie Vickers
Unravelling Creative Commons Copy-left or copyright?
Unravelling Creative CommonsCopy-left or copyright?In my ‘why the...’ guide on the ‘expression of your There has however, in the last decades, been aideas’, I look at the basic elements and rights backlash in some quarters, from both originatorsacquired every time a written text based copyright and users, against the restrictions inherent in onework is created. party exclusively holding that bundle of rights. Creative Commons, CC licensing has been hailed The Copyright Bundle and celebrated as the antidote to oppressive from Zeopard Law copyright laws preventing Right to adapt Right to make free sharing and distribution and translate or money (or to derive further Works not) =commercial of ideas by authors and (or not) Rights to communicate Copyright= others. As a result, CC has it or perform Bundle of rights Right to share it in public you have in your or copy it (whole “Work” or part) been embraced by many Right to be attributed as the Right to authors including Thought author publish it Leaders, whose aim is to share their ideas with the World.The Copyright Bundle shows these rights. Trouble is, there is as much Now C all rights reserved to confusion over CC as there is sesh00!
Unravelling Creative Commonsover copyright and many people whether authors or had not anticipated was Virgin Australia using one ofusers , in their rush to embrace this sharing concept, his photos (uploaded with a CC:BY License) on businadvertently mess with the rights of others in the stop advertising in Adelaide and the now outragedprocess. Copyriot is the name of a Swedish blog friend in the photo back in Dallas ﬁnding out!commenting on the confusion and seems a very Whatever the intention of Justin, this all ended up inappropriate name! the Federal District Court in Dallas. This is not the only scrap over CC confusion so far and it will not beIf copyright eﬀectively gives you a bundle of rights, the last , with yet another recent case involving theCC is all about empowering you to decide which of New York Times linking to other news sites.those rights you want to give up/license out andenabling you to do it with ease. Without a CC license CC was originally a US web-based organisation butothers would need to seek your permission/ now we also have www.creativecommons.org.auclearance to use your work, if their use went beyond and also http://www.creativecommons.org.nz/the limited legal exceptions (See the Black and White which both have information relevant to ourPaper “All the fun at the fair-Fair dealing in situation and laws.Copyright”). My focus here is again on text based If you are keen to embrace the CC concept, whetherwork to save this becoming so complex that you as an author or as a user of CC materials, then yougive up reading! need to understand what rights you or others areSharing with others was clearly the driver for Justin giving up, what that means practically and how toHo-Wee Wong of Dallas, Texas who, back in 2007 go about doing it. The alternative may be needing toalready had over 11,000 photos on Flickr. What he
Unravelling Creative Commonsgo to Justin Ho-Wee Wong for advice on how to dig is the CC reminder to always attribute. This conceptyour way out of a CC hole! is found in the various CC license names as “BY”. The only exception to this ‘always attribute’ concept isCreative Commons’ own jargon and symbols seen with the new Zero CC0 license (explained at theCC uses jargon, symbols and language that is not end).particularly intuitive to non-Americans and which do 2. Non-commercial “NC”not naturally relate to our copyright concepts. But....to make CC useful, you will need to wrap your head There has been so much confusion over thearound this language to save constantly having to meaning of non-commercial that the CClook it up. Much of the jargon is unfortunately organisation ran a research study in 2009 to seeframed as a negative, rather than the more useful what the online population meant by this term. Theand understandable positive. There are 5 key terms outcome of the study was that both creators and you need to become familiar with. users generally consider uses that earn users money or involve online advertising to be commercial, 1. Attribution “BY” while uses by organizations, by individuals, or for CC recognises and respects the paramount charitable purposes are less commercial but notright of every author of a work to be honoured as decidedly noncommercial. Similarly, uses by for-the author i.e to be given a fair attribution. Yet, this is proﬁt companies are typically considered moremost often the element that gets missed or commercial. These distinctions are however notforgotten as CC licensed material gets disseminated deﬁnitive and the key point is be clear if you areand widely shared across the net. This little symbol allowing commercial use of your work or whether
Unravelling Creative Commonsyou are wanting to add only to the body of which a derivative work is just one element. Lookknowledge and not someone else’s bottom line. The out for the abbreviation “ND”.abbreviation used is “NC”. 4. Share Alike “SA” 3. No Derivatives “ND” The Share Alike concept allows creation of A derivative work is an adaptation, a new derivative works but, if you create a creation that includes major, copyright- derivative work by altering, transforming, orprotected elements of an original, previously created building upon the original work, you may distributework. Under US law, only a copyright owner can the resulting derivative work only under the same orapprove a derivative work but they cannot stop the similar license to the original work. What this means,creation of a new work that does not cross the fair is that if you are allowed by the CC license to create adealing line. NZ and OZ laws do not speciﬁcally derivative work, you are not then allowed to slap fullrecognise this concept but the principle still applies. copyright protection on it or to say no derivatives.The concept of No Derivative eﬀectively means that You have to give the next users the sameyou permit others to copy, distribute, display and opportunity you were given! This one is “SA”.perform only verbatim copies of your work, notadaptations or derivative works based upon it. Sothey cannot change your work in any way. This does 5. Zero “CC0”not of course prevent the normal permitted fair- This is the CC equivalent to open source/dealing found in our Acts. Just to add to the public domain and announces that theconfusion, the licenses talk about Adaptations of
Unravelling Creative Commonsauthor waives all of their rights to the work If you are using CC licensed material this guide,worldwide under copyright law and all related or coupled with the CC deﬁnitions above, should giveneighbouring legal rights they had in the work, to you the steer you need to avoid doing the wrongthe extent allowable by law. Works under CC0 do thing. The copyright bundle shows we eﬀectivelynot even require attribution. It is worth have 6 groups of rights. I have used the languageremembering that this does not mean a waiver of from the bundle showing the rights you have andmoral rights or conﬁdentiality or no publicity rights. want to give up, to keep this selection process easy.So, if you take a photo of a friend and throw it up on First you need to make a few decisions to guide yourFlickr designating it as CC0, do remember to ask license choice:them ﬁrst. • Is it ok, or not, for people to do things with yourThe Range of Available Licenses work and make money with it? If not, you areIf after all that slightly legal mumbo, you are still going to need a license with NC in the name;keen to give CC licensing of your material a go, you • Is it ok for people to adapt your work to createare going to need to choose which license you want their own derivative type work? If not you areto use and then work out how best to communicate going to need ND in the license name;it to the World. There is also a useful diagnostic athttp://creativecommons.org/choose
Unravelling Creative Commons• Is it ok for people to adapt your work and then given away and an example of where the license has make their adaptation fully copyright protected been used. and/or use a CC license more restricted than the one you used? If not then you are going to need SA in the name; and 1. Attribution: BY• Do you care about being attributed and named as This license lets others copy, publish, communicate, the author of the original work ? If not, then either adapt, perform and distribute your work, even chose the license that works best and dont worry commercially, as long as they credit you for the if people forget to attribute you, or maybe a Zero original creation. license is the way for you.If you can’t see the combination you want to reﬂect BY Licensethe rights you are wanting to give up and license, for Right to adapt Right to makeexample you conclude that you want a BY:NC:ND:SA and translate or money (or not) to derive further =commercial (or Works not)then how about sticking to the original traditionalcopyright all rights reserved concept, but go onto Rights to Copyright= communicate it Bundle of rights Right to share it or or perform in you have in your copy it (whole or public part) “Work”say “I am cool if XYZ is done with my work”. Right to be attributed as the authorAustralia and New Zealand now have 6 new 3.0 Right to publish itlicenses. These are described below, with an outlineof what is ok and not, the elements of the bundle
Unravelling Creative CommonsThis is the most accommodating of licenses oﬀered, Aduki Press, which was the ﬁrst book published inin terms of what others can do with your works. Australia under this form of CC license.An example where this license has been used Another example where an attempt to use thisproperly and well is the White House website license has been made, is the Bookrapperwww.whitehouse.gov where everything published publications. www.bookrapper.com Each pastcan be used, copied, derivatives made etc provided Bookrapper issue says: “Share this document as it is,there is attribution of the source of the original no changes, no re- selling. Email it, print it, give itmaterial. away...” This is endeavouring to say: Attribution, Non Commercial but is missing the correct wording,As you can see with this version of the wheel yougive up everything except that right of Attribution. BY NC License 2. Attribution Non Commercial: BY-NC Right to adapt and translate or to derive further Works Right to make money (or not)This license lets others copy, publish, communicate, =commercial (or not)adapt, perform and distribute your work, as long as Rights to Copyright= communicate it Bundle of rights Right to share it or or perform in copy it (whole or you have in your public part)they credit you for the original creation but they “Work”must only use it for non-commercial purposes. Right to be attributed as the author Right to publish itAn example close to home is the book “Stick this inyour memory hole” by Tristan Clark and published by
Unravelling Creative Commonsformat and style to make a CC license actually apply. presumably wanting to catch up with NZ, recentlyInterestingly there is also a C symbol on each page announced that the Australian Parliament website,as well. Although not what was intended, this when relaunched , would be covered by a BY-NC-NDcombination is ok because copyright still exists license. This is a step forward but still seemsalongside every license but Geoﬀ has eﬀectively restrictive. The recent budget document wasgiven license clearance for certain activities. Future however, released under a BY License.editions of Bookrappers will include a diﬀerentimage. BY-NC-ND 3. Attribution Non Commercial No Derivatives: BY-NC-NDThis license is often called the “free advertising” Right to adapt and translate or Right to make money (or not) to derive =commercial (orlicense because it allows others to download your further Works not)works and share them with others as long as they Rights to communicate it Copyright= Bundle of rights Right to share it or or perform in you have in your copy it (whole ormention you and link back to you, but they can’t public “Work” part)change them in any way or use them commercially. Right to be attributed as the authorSo no adapting or translating is allowed but Right to publish itcommunication, performance and publishing is ok.Since 2001 in NZ there has been no copyright onActs, legislation, etc. The Australian Government
Unravelling Creative Commons 4. Attribution Non Commercial Julian had said ND and/or NC and/or SA the court Share Alike: BY-NC-SA case could have been avoided.This license lets others copy, publish, communicate,adapt, perform and distribute your work, as long asthey credit you for the original creation but they BY-NC-SAmust only use it for non-commercial purposes. Right to adapt and translate orIn this case they also have to license their derivative to derive further Works Right to make money (or not)works on the same terms as the original. =commercial (or not) Rights to Copyright= communicate itAn example where this license has been used Bundle of rights Right to share it or or perform in copy it (whole or you have in your public part) “Work”properly is the Massachusetts Institute of Right to beTechnology’s MIT online database of all educational attributed as the author Right to publishmaterials from its undergraduate and graduate level itcourses.Back to poor old beleaguered Julian. He posted hisoriginal photo under a BY only license. The Virgindesigner produced the Virgin ad creating aderivative (as permitted) and then slapped a fullcopyright all rights reserved designation on it. If
Unravelling Creative Commons 5. Attribution No Derivatives: BY- 6. Attribution Share Alike: BY-SA NDThis license allows others to download your works This license lets others copy, publish, communicate,and share them with others as long as they mention adapt, perform, distribute and build upon your workyou and link back to you, but they can’t change even for commercial reasons, as long as they creditthem in any way but they can use them you and license their new creations under thecommercially. So no adapting or translating is identical terms. This license is often compared toallowed but making money, communication, open source software licenses. All new works basedperformance and publishing is ok. on yours will carry the same license, so anyAn example where this license has been used is on derivatives will also allow commercial use.some of the Melbourne Age blogs. BY-SA License BY-ND License Right to adapt Right to make and translate money (or not) or to derive =commercial (or Right to make further Works not) money (or not) Right to adapt =commercial (or and translate not) or to derive further Works Rights to Copyright= communicate it Bundle of rights Right to share or perform in it or copy it Copyright= you have in your Rights to public (whole or part) communicate it Right to share it or “Work” Bundle of rights or perform in you have in your copy it (whole or public part) “Work” Right to be attributed as the author Right to be attributed as the Right to publish author it Right to publish it
Unravelling Creative CommonsWikipedia content is all covered by this license. How such as your moral rights (to the extent they can beoften do you remember to attribute anything oﬀ waived), your publicity or privacy rights, rights youtheir site? It is still a requirement under CC even if have protecting against unfair competition, andyou are a little embarrassed admitting your source! database rights and rights protecting the extraction, dissemination and reuse of data. Keep in mind that you cannot waive rights to a work that you do not 7. The non license CC0 own unless you have permission from the owner.Using CC0, you can waive all copyrights and related So there you have itor neighboring rights that you have over your work, If you want to ensure your work gets out into the web and you’re prepared to give up some of yourØZero License rights then CC may be for you. Right to adapt and translate or Right to make money (or not) A ﬁnal word of caution though from Mark Twain who to derive further =commercial (or said: “Only one thing is impossible for God: To ﬁnd Works not) Rights to communicate it Copyright= Bundle of rights Right to share it or any sense in any copyright law on the planet.” or perform in you have in your copy it (whole or public “Work” part) Right to be Right to publish attributed as the author it Jennie Vickers All rights reserved C 2010 (I could not resist the irony! this is a unique expression of this idea-why would I give it away?)
thought provokerusing music ?!? Do you use music in / with your presentations? Do you have / get an Do you use APRA/AMCO performance production music? license?Do you rely on the venue / Have youpromoter / event organiser to ever asked?get the performance license? Do you use Creative Commons music?If you have a license do you also haveMaster Use rights from the recordingAre you making money selling Did you haveproduct which includes music permission to usenot licensed? the music?From the composer? the artist? the recordcompany who made the recording?