As promised, we’re diving into part 2 of the 3-part blog series: Intellectual Property + Legal Entities: Common Questions + Answers. The two main questions we’ll answer here are as follows:
What can I use that I have learned or read without stealing someone else’s IP (Intellectual Property)?
What can I advertise, share, or teach that I have learned elsewhere, legally?
Using Copyrighted Material to Educate Others
“I can use copyrighted material if it is for ‘educational purposes’ or if I make no money, right?”
No. Using someone else’s work without permission is a violation of their copyright. Using someone else’s work for educational purposes or if you make no money without permission is still a violation of that person’s copyright.
You may often see this specific permission inside written works that educators use. For example, let’s say you’re reading a book that's copyrighted, and you flip through the front pages, and it says, “This material may only be shared for educational purposes.”
In many cases, educational texts will put this specific permission in their material to enable educators to use their content for educational purposes without seeking or having to ask permission. This does not, however, apply to all copyrighted material.
What I sometimes get asked or see, is someone saying, “Well, I’m not making any money or seeking to make any money from it, so I can use that person’s material, right?”
The thought behind this typically comes from someone who, when a student, saw a “special copyright rule” in an educational publication that said something to that effect, as referenced above. To be clear, there is no special copyright rule that applies to all material that says, “If I use this for educational purposes and make no money, I can use it.”
Every piece of written material is subject to copyright unless it specifically says it is not.
Earning Money From Sharing Learned Material
Now, let’s say you’re a coach, physical therapist, or other professional with valuable knowledge, and you want to share that learned material in a paid workshop or webinar in exchange for money or as part of your sales process.
Here’s what you need to know:
1.You Can Use Learned Information in Your Business Offerings
When you learn information and put that knowledge into your brain, that is your knowledge. What you’ve read and learned from it is yours to use. I often reference Byron Katie's work and methodology, which I’ve learned; it’s now in my brain. I read her book, Loving What Is, and I learned from it. I share the principles I learned with my MasterClass (which is of my own creation) and earn money from teaching and facilitating MasterClass. I am allowed to teach concepts from things I’ve learned from others.
Now, when I am using her words or her methodology, I cite her. I also do not advertise that I am teaching The Work, (the name of her process), nor list it on my website that I teach it. This is not to hide it from her, but because I am not authorized to advertise that nor promote a workshop saying I am teaching The Work. I do not have her permission. I am not an authorized vendor.
However, if during a MasterClass, someone is struggling with what is their reality or how they feel, I might say, “Oh, here is a set of tools that may help you with that,” and then give the tools. I then often say, “If you want to go to the source, read Byron Katie’s book: Loving What Is.” Similarly, a golf coach may give their student a set of tips they learned in some golf book to help the golfer they are helping.
2.You Cannot Claim Learned Information as Your Own
As I stated above, what I can't do is try to pretend that I created someone else’s material. I can’t put the principles I’ve learned from this material on my website and somehow make it look like I came up with them, because I didn't. Even after doing your best to cite the person who created the material, just be aware that there’s still a chance they may send a cease and desist letter stating that they are not authorized to use or display their material. If this happens, you have two options.
Option 1: You can ask how to become authorized or request permission to reference the material in a certain way. And they may say yes, or they may say no, and that’s their right. Or, they may indicate certain procedures to become authorized to use the material. In some cases, they may even charge a fee for you to become an authorized user of their material, and there may even be a required course to ensure you are using it correctly.
Option 2: If they say no, or you don’t want to ask for permission, your other option is to decide to use the material in a way that matches your brand and your offerings and teach the subject matter but make it your own. Now, in this case, you may still decide you want to give credit to the person or entity that created and taught you the material simply out of integrity.
When in doubt, acknowledging that you’ve taken learned material and modified it for your program or offering and giving credit to the source is always a good idea. However, remember that it does not make you immune if you are using someone else’s work without permission.
3.Fun Facts Regarding Game Rules
Fun fact: the rules of games are not copyrightable. For example, the rules of Monopoly are not copyrighted and protected. The layout, font, and branding aspects of the game are protectable, however. For example, “Move your piece five spaces by rolling the dice and adding the sum” – not copyrightable. Move your Monopoly tophat(™), Monopoly shoe(™), or Monopoly dog(™) 5 spaces by rolling the dice and adding the sum is partially protected. You can probably guess which parts.
If your goal is to teach rules (or underlying concepts) you’ve learned from reading, listening, or watching another person teach something, you can do this without infringing on someone’s intellectual property. You’re simply applying what you’ve learned to material that you are creating a new and different version of.
**Legal Disclaimer**
Dealing with intellectual property law can be very nuanced and very fact-specific to your case. Don’t fret, because you can reach out to an intellectual property lawyer, and they can help you with this. Also, this advice is general in nature and not meant to nor should be taken as legal advice specific to your needs. Seek out the counsel of an attorney, and they can properly guide you for your specific needs and goals.
Stay Tuned for Part 3: Legal Entities 101!
In Part 3 of this article series, we’ll cover the main types of business entities, how they differ, why someone might choose one type over another, how this all relates to taxes, and more.
Can’t wait for the article? Check out podcast Episode 16: Legal Entities for the Business Person!
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