Tuesday, September 24, 2013

5 Tips for Protecting your Business Intellectual Property in a Social Media World

by Caron_Beesley

Being active on public social media platforms such as Facebook, LinkedIn, and Twitter in addition to your own business blog, is almost an essential part of any business marketing toolkit. These tools can have enormous benefits, but they also have their dangers. For example, some businesses jump on social networking sites only to discover that someone has already registered their company or product names on Facebook and Twitter and is misrepresenting their brand as a consequence. Likewise someone might be out there reproducing your copyrighted web copy, blogs, photographs and videos (all that good multi-media stuff that social networks love to propagate) – without your knowledge.

So what can you do to protect your business in this brave new world of social media sharing? Here are five tips for preventing, monitoring and enforcing use of your business trademarks and copyright on social media sites.

1.       What’s at Stake? – How Trademarks and Copyright Come into Play in Social Media

First, it’s important to understand how intellectual property (IP) comes into play on social media sites.

Trademarks – Trademark law protects information such as your company brand or product names from being used by another company in a similar line of business. In social media, your trademark can appear on as your Twitter handle, your Facebook URL, as well as product-specific Facebook pages. Reserving your company name and permutations of it on these sites as soon as possible can help prevent violations.
Copyright – The definition of copyright in the world of online media is a little complicated. Even though Internet circulation of content is not technically regarded as published, it is public display and portions of copyright law do apply. Essentially, a creator of an original work or images automatically owns the right to that work once it is published in print or posted to a website. However, unless that work is registered with the U.S. copyright office, you can’t sue for infringement in a federal court.
2.       Monitoring Your Intellectual Property on the Social Web

Before you embark on any social media strategy, you first need to consider whether and how you are going to monitor and police how people are talking about your brand and using your content online. Finding the time can be tough, but easy tools such as Google Alerts as well as social media monitoring tools including Hootsuite, TweetDeck, and so on, can automate the process by monitoring key terms, brand names, and so on, on your behalf.

3.       Is it Infringement?

The world of social networking is a fuzzy one for intellectual property holders, simply because the whole basis of “being social” for business brands is about engaging, courting and sharing information with other users. Exercising a little caution when determining what constitutes an IP infringement and what doesn’t is oftentimes the healthiest approach.

For example, if someone is using or mentioning your trademark name for information purposes, such as in a blog or status update, this might be considered fair use of your brand name, especially if the trademark is used.  But what should you do when you suspect copyright infringement? If you find an instance of unauthorized use of your copyrighted photography or original content on blogs, picture-sharing sites, and so on, what can you do?  Many instances of copyright violation are accidental and often provoke the response: “but I didn’t know I couldn’t use it!”  So be moderate in your approach and assess whether this is a true violation or an innocent error.

4.       Decide if it’s in your Best Interest to Act

If you stumble on cases of trademark infringement or copyright violation on social media sites, it might not be necessary or to your benefit to purse action. For example, the abusing site might actually help your brand through affiliation or indirect promotion of your product (bloggers are always mentioning brands and products or lifting images and quotes) – and this can often be to your benefit. If you really do have a problem with the violation, weigh up the pros and cons of pursuing it further – could there be a backlash that you can’t control, do you even have the time and resources to dedicate to this?

5.       When it’s Time to Act – Pursue Your Options

Below are a series of options that you can pursue to file a complaint for trademark or copyright infringement on social media sites.

  • Contact the Violator Directly – Most bloggers really aren’t aware they infringed upon your rights. Even on Facebook and Twitter, it’s worth contacting a profile owner to query their use of your trademarked name/content before getting officious. And be sure to grab a screen shot of the offending content.
  • Become Familiar with Terms of Service of Social Media Sites – Facebook, Twitter, LinkedIn and YouTube all publish clear terms of service and complaint procedures which govern the use of information stored on the site or uploaded by others.
  • File a Digital Millennium Copyright Act (DMCA) Infringement Notice with search engines to block the offending website from search results.
  • Pursue Legal Action – If you decide to initiate a suit in court, be sure to consult qualified legal counsel. Neither the U.S. Copyright Office nor the U.S. Patents and Trademark Office act as a law-enforcing agency they just maintain maintains registrations and records.

About Author
Caron Beesley has over 15 years of experience working in marketing, with a particular focus on the government sector. Caron Beesley is a small business owner, a writer, and marketing communications consultant. Caron works with the SBA.gov team to promote essential government resources that help entrepreneurs and small business owners start-up, grow and succeed. Follow Caron on Twitter: @caronbeesley




Difference between an affiliate, associate and subsidiary companies including a division and a group

Division
Divisions (aka a business sector) are distinct parts into which a business organization/ company is divided. Divisions are fully integrated within the main company and not legally or otherwise distinct from it.  Only an "entity", e.g. a corporation, public limited company (plc) or limited liability company, etc. would have a "division"; an individual operating in this manner would simply be "operating under a fictitious name".
Often a division operates under a separate name and is the equivalent of a corporation or limited liability company obtaining a fictitious name or "doing business as" certificate and operating a business under that fictitious name.

Although a division can operate under a different name, it is still a part of the main (parent) business. An obvious example is that Google Video is a division of Google, and is part of the same corporate entity.  In a more concrete analogy, you can say that a division is a part of the body, let us say hand, for instance.

When a business produces more than one product or offers more than one service, it often divides into divisions. Each division focuses on a different section of the business plan and works toward a separate goal. A division cannot perform an entirely different operation from that of its parent company; its operations have to be related to the operations of its parent company.

For example, if the main company is into making cars, the division would most likely be a manufacturer of wheels or other car parts and in a business dealing with home repairs, one division may focus on roofing, while another specializes in HVAC-related repairs.

Because individuals within these divisions are all employed by the same overarching company, they can move back and forth between the divisions as needed.

Furthermore, the condition of a division, whether it is doing well or it is not, affects the main company. This means that a division’s debts and all other obligations are legally the responsibility of the main company (parent business).
Note that in a large organisation, various parts of the business may be run by different subsidiaries, and a business division may include one or many subsidiaries.


Benefit of a Division
Creating divisions is substantially easier than developing subsidiaries. Because a division is an internal segment of a company, not an entirely separate entity, business owners create and end divisions at their whim. Also, because individuals in each division are employed by the same company, it's easier to modify staffing to fit with this setup.

Challenges of a Division
When a company creates divisions instead of subsidiaries, they may experience difficulty in developing their organizational structure. If not clearly defined, it can be challenging for employees to determine to whom they actually report. When divisions are in place, workers may feel like they're working for too many bosses and not sure which one they should focus on pleasing. To prevent this problem, create a clear organizational structure, crafting a chart to illustrate that structure, and instruct one individual to deal with managing each group of employees instead of asking your workers to cope with questions and directives from a new boss daily.


Affiliate and Associate Company
In most cases, the terms affiliate and associate company are used synonymously to describe a company whose parent only possesses a minority stake in the ownership of the company. In accounting and business valuation, it is a company in which another company owns a significant portion of voting shares, usually 20–50%. For example, the Walt Disney Corporation owns about a 40% stake in the History Channel, In this case, the History Channel is an affiliate/associate company.
In this case, an owner does not consolidate the associate's financial statements. Associate value is reported in the balance sheet as an asset, the investor's proportional share of the associate's income is reported in the income statement and dividends from the ownership decrease the value on the balance sheet. In Europe, investments into associate companies are called fixed financial assets.  


Subsidiary company
A subsidiary is a company that is completely or partly owned and partly or wholly controlled by another company. The most common way that control of a subsidiary is achieved, is through the ownership of shares in the subsidiary by the parent company. These shares give the parent the necessary votes to determine the composition of the board of the subsidiary, and so exercise control. Ownership of 50% plus one share is enough to create a subsidiary but in a wholly owned subsidiary the parent company owns 100% of the subsidiary. For example, the Walt Disney Corporation owns 100% interest in the Disney Channel and 80% stake in ESPN. In this case, ESPN is a partially owned subsidiary while the Disney Channel is a wholly owned subsidiary company.

The subsidiary can be a company, corporation, or limited liability company, in some cases it is a government or state-owned enterprise. Only an entity can be a subsidiary. A subsidiary may itself have subsidiaries, and these, in turn, may have subsidiaries of their own. The controlling entity is called its parent company, parent business, or holding company.

Each subsidiary is a separate legal entity (an entirely different company) owned by the parent company or by another subsidiary in the hierarchy. For instance, the YouTube video service is a subsidiary of Google because it remains operated as YouTube, LLC, a separate business entity even though it is owned by Google. In a more concrete analogy, you can say that a subsidiary is the offspring with an entirely separate body but is still owned by the parent company. Although the subsidiary is technically separate from the parent company(main business), the owners of the parent company still retain full control over the subsidiary, giving them the ability to guide the subsidiary's actions. Because the subsidiary is a separate business, workers are technically employed by the subsidiary, not by the larger controlling business.

A parent company does not have to be the larger or "more powerful" entity. In some cases, the parent company is much smaller than the subsidiary company while in other cases, it is larger than all or some of its subsidiaries (if it has more than one).

The parent and the subsidiary do not necessarily have to operate in the same locations, plus a subsidiary can perform an entirely different operation from that of its parent company. If the parent company is into making cars, its subsidiary may do something that is not related to car manufacturing at all, e.g. its subsidiary company may have a cellular phone manufacturing entity. The subsidiary does not always need to do something different; it can also operate on something that is related to the business of its parent company, it is even possible that they could be competitors in the marketplace.

Also, the state of a subsidiary company in taxation and regulation does not affect the parent company, even if the subsidiary company is experiencing a financial crisis, it does not necessarily mean the parent company will experience the same and vice versa (e.g. one of them can be involved in legal proceedings, bankruptcy, tax delinquency, indictment and/or under investigation, while the other is not). This is because the subsidiary company and parent company are legally two different companies, and they technically do not share the same system. However, creditors of an insolvent subsidiary may be able to obtain a judgment against the parent if they can pierce the corporate veil and prove that the parent and subsidiary are mere alter egos of one another. Note that the financial statements of a subsidiary will be consolidated into the parent's books.
There are other ways that control can come about, and the exact rules both as to what control is needed, and how it is achieved, can be complex (see below).

In descriptions of larger corporate structures, the terms "first-tier subsidiary", "second-tier subsidiary", "third-tier subsidiary" etc. are often used to describe multiple levels of subsidiaries. A first-tier subsidiary means a subsidiary/daughter company of the ultimate parent company, while a second-tier subsidiary is a subsidiary of a first-tier subsidiary: a "granddaughter" of the main parent company. Consequently, a third-tier subsidiary is a subsidiary of a second-tier subsidiary: a "great-granddaughter" of the main parent company.

The ownership structure of the small British specialist company Ford Component Sales, which sells Ford components to specialist car manufacturers and OEM manufacturers, such as Morgan Motor Company and Caterham Cars, illustrates how multiple levels of subsidiaries are used in large corporations:

·Ford Motor Company - the ultimate US parent company in Dearborn, Michigan
·Ford International Capital LLC - first-tier subsidiary (a US holding company located in Dearborn, Mi, but registered in Delaware
·Blue Oval Holdings - second-tier subsidiary (a British holding company, located at the Ford UK head office in Brentwood, Essex with five employees)
·Ford Motor Company Limited - third-tier subsidiary (the main British Ford company, with head office in Brentwood, with 10,500 employees)
·Ford Component Sales Limited - fourth-tier subsidiary (small British specialist component sales company at the UK Ford head office, with some 30 employees)

The word "control" used in the definition of "subsidiary" is generally taken to include both practical and theoretical control. Thus, reference to a body which "controls the composition" of another body's board is a reference to control in principle, while reference to being able to cast more than half of the votes at a general meeting, whether legally enforceable or not, refers to theoretical power. The fact that a parent company has a holding of less than 50% plus one share which, because the holdings of others are widely dispersed, gives effective control is not enough to give that company 'control' for the purpose of determining whether it is a subsidiary.

In Australia, the accounting standards defined the circumstances in which one entity controls another. In doing so, they largely abandoned the legal control concepts in favour of a definition that provides that 'control' is "the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable that other entity to operate with it in pursuing the objectives of the controlling entity." This definition was adapted in the Australian Corporations Act 2001: s 50AA. And also it can be a very useful part of the company that allows every head of the company to apply new projects and latest rules.

Benefit of a Subsidiary
Businesses often elect to create subsidiaries instead of sticking with the perhaps easier-to-handle division setup because doing so gives them tax breaks. Because the subsidiary is technically a smaller business, it may be entitled to tax breaks reserved for small business, despite the fact that it's technically part of the larger controlling business.

Challenges of a Subsidiary
When a business elects to create a subsidiary, it may find that retaining control of this subsidiary proves challenging. Although the owners of the parent business technically control the subsidiary, they're likely not a major part of the day-to-day decisions that take place in the subsidiary group, potentially making managing this separate entity more difficult.


Group
A parent and all its subsidiaries together are called a "group", although this term can also apply to cooperating companies and their subsidiaries with varying degrees of shared ownership.




Saturday, September 21, 2013

Outsource or DIY it?

Finally, someone who is preaching what I believe...been shouting from the roof top hahahahaha!

According to Investopedia (29,883 followers · 5,622 tweets): "We believe individuals can excel at managing their finances. We empower investors by providing free educational content & tools" 

I believe this applies to anyone especially those who are self-employed or starting up in business, and not just finances but also other areas of our personal and working life.

It's good to outsource work...it frees up more time for you to tackle other pressing tasks/matter, you have a professional taking care of the task and providing you with an excellent output... but before you do that, ask yourself:

Do I really need to outsource this work, do I have enough fluid cash to spend outsourcing or can I DIY it and If I chose DIY,
1: how committed am I to DIYing it,
2: how committed am I to learning/acquiring the skills required to DIY it,
3: have I got the time to invest in this DIY
4: do I believe I can produce an excellent work if I DIY it
5: How urgent is it, is it something I can do overtime..or is it something that needs to be done urgently
6: Is the amount being saved worth DIYing it

Am a firm believer in DIY because:
1: Not only am I gaining new skills (rmbr, no skill gained is wasted or a waste of time), I can tell in the future when I outsource the work, if it was done properly and if the amount am being charged is appropriate to the task outsourced

2: In terms of my business, I get to know the ins and outs of every aspect of it. (when you know your business well, you can easily tell when and where there is a problem or a potential issue may arise from...and fix it thereby saving yourself a lot of money.  When you don't know your business very well, you waste time and money diagnosing the problem instead of solving it. Sometimes potential problems that could have easily be spotted enabling you to carry out damage control or even stopped early enough slip by you and turn into thousands (money wise) going down the drain, even potential law suits)

3: It's cost effective. I can't begin to tell you how many thousands I have saved myself DIYing work. There can be down sides but they are consequences I have firmly considered and willing to live with. (so gotta make sure that when you DIY, you can live with the downside, else outsource! outsource!! outsource!!!)

4: It enables me grow with my business. (think about it, you know more about family, friends you grow with...you see or spend time with on a daily basis than the ones whom you drop-in on every once in a while). Growing with my business, I see every progress and success achieved (little or big), every milestone reached, every corner turned, every height attained and I celebrate each giving me the motivation I need to carry on.  Face it being a self employed, you need every motivation you can muster (it's not like when you have a boss keeping you in check and on task), you have to boss yourself, check yourself.  Trust me, it's not the easiest thing to do.  Plus, it can be very lonely (e.g. in terms of, there are extremely very few people with whom you can share your business models, ideas, issues/problems and receive an unbiased, undiluted effective response)

5: I gain more knowledge and achieve results/growth/expansion beyond my wildest dream. Whilst carrying out researches in other to DIY more effectively and produce outstandoing work, I always run into (come accross) new ways to do something or new information that push me to think outside the box or that I can apply to my business...effectively moving it beyond the scope I had set it earlier. That's how growth occurs.

6: I learn to be more independent business wise, more focused, determined, decisive, in control of my business and destiny, confident as I can speak about different aspects of my business or plans with authority, more relevant to others business wise, hence more effective in what I do. As a result, I don't shy away from problems am not familiar with...I always try to find ways to get to the root of it. Be open to learning from available sources/resources (never turn up your nose at a source) in other to professionally develop yourself

Business is not for the faint hearted. In business, "you gotta go hard or go home." 
You want success:
1: you gotta put in the hours,
2: you gotta work hard
3: you gotta quit whining, passing the blame
4: you gotta know your stuff
5: you gotta be the business, see your dream, reach for it (don't wait for someone to do it for you)
6: you gotta be the first in and the last out (it's your baby...you take care of it and it will take care of you)
7: you gotta be on the ball, keep your eyes on the prize, gather every skill, knowledge, intell to get there
8: you gotta know when to PUSH THROUGH, STOP, LET GO (very important)
9: you gotta be open minded, willing and always be ready to learn (your business grows as far as you know), 

It's also vital that "as you work hard, you play hard"....
    - else what's the point of all that success,
    - plus you gotta be alive, really alive (mentally, physically, emotionally, spiritually balanced and in tune) or you'll not only miss opportunities, you could lose it
 
Be money smart...spend wisely!
 
Ps: DIY means 'Do It Yourself'

Be money smart...spend wisely!

Ps: DIY means 'Do It Yourself'

By OGN Okafor




Wednesday, September 18, 2013

What is the Most Effective Social Media Platform for Your Business?

What is the Most Effective Social Media Platform for Your Business?
By Warren Knight

"When it comes to social media most, brands think that they should split their time between all of the main social networks which isn’t a good way to utilise your time. As a small business, you really need to think about the kind of network suited for your business as well as where your ideal target market hangs out so here are some things you need to consider.

Looking at the content you share on social media, what is most effective for your business? Is it Images? Video’s? Articles? Or just plain text? There are some social networks that are suitable for the four types of content I just mentioned but for others, their main content source is just one of the options. Really think about the kind of content your consumers will want to see and work with the networks to give you the best outcome......."

- See more at: http://www.warrenknight.co.uk/blog/2013/08/16/what-is-the-most-effective-social-media-platform-for-your-business/#sthash.G1ifbvcF.dpuf




Friday, September 13, 2013

Saving myself over £1000 bucks!

By OGN Okafor

It's been a hectic 5 to 6 weeks trying to complete a task I have never done before nor studied. If you are not good with numbers or very patient, then I suggest you hand your books over to a qualified accountant.

Royalty-free Vector Art: Business Woman Juggling Career

And before you do, shop around for the best in professionalism, efficiency, cost to you, easy to work with etc. Ask him or her to give you references (four or more people whom they've done their accounts before). Please (I cannot stress this enough), don't be lazy - contact all these references and be sure to find out if the accountant(s) are trustworthy (it's very important), can complete all (not some of) the tasks within the time they'd agreed, would not provide you with hidden charges at the end of task, easy to work with.

From my experience, I am also one of the directors in a company called GCA UK. We hired an accountant to register our company and everything else needed done based on one recommendation.
1: He overcharged us for everything
2: Kept all our documents and password, gave us the impression he alone was supposed to keep them
3: Was late in informing us about any emails from Company House

We found out we had to submit the company Annual Return late and were told we had to pay a fine.  When we tried to submit the Annual Return, we found he had closed us down with Company House out of malice (because we told him we would not be needing his services and to hand over the documents pertaining to the company in his possession).

(Remember, it doesn't matter whom you've outsourced your business or company's work to, the bucks stops with you. And you, not the the person you've outsourced your work to, will pay/suffer the consequences of any of their (the people you've outsourced work to) mistakes. Consequences can be a fine of up to £5000 e.g. for late submission of your Annual Return, to being jailed e.g. for not paying your taxes.)

Based on this experience, I 've always done everything to do with my own company (Obygrace Publishing) myself. Here are examples of some of the tasks I undertook myself
1: registered my company with Company House
2: registered my company trademarks with the Intellectual Property Office (IPO) UK
3: registered with various affliates and put adverts in my blogs
4: created and designed all my blogs
5: created and designed all my company's marketing materials
6: completed my company's annual return and submitted my company accounts to Company House online
7: completed and submitted my company annual tax return plus company accounts to HMRConline
8: completed and submitted my self assessment online

Am not saying you should do all these yourself but it doesn't hurt to know as much as you can before you think of outsourcing specific tasks.  Those are examples of tasks I had undertaken myself and not outsourced.  It is very important that you understand that I am not
1: a web or creative designer
2: an accountant
3: a lawyer

So you ask, how was I able to accomplish all these.Well, by learning.  I read lots of books (e.g: see my book lists)/ leaflets (e.g: IP Explained, ) & specific company's website information (eg: IPO, Company House, HMRC), viewed lots of specificYouTube videos/tutorials, attended business events (e.g: Bstartup) and business webinars (e.g Facebook, Facebook2, Warren Knight), viewed numerous HMRC recorded and live webinars (click to see examples), asked lots of question via phone calls (Mentors, specific people in different organisations), internet search engine (e.g: sitewizard) and emails to the correct people.

Advantages of taking up some of these tasks:
1: Most important, saved lots of money and gained new knowledge and skills (so later when your company is financially stable and you decide to outsource your work, you will not only have an idea of what is expected with each task, how long it should take and what the finished product should look like but also, you can will be able to know when the amount being quoted is ridiculous)
2: Hours run fast as you're doing what you love...It's so much fun you even forget what time or day it is and even to eat (you feel there aren't enough hours in the day...you wish you can add more hours), plus  you get to know more about your business and grow with your business
3: New jargons learnt are important even when you later choose to outsource your work as it makes it easier to communicate with and understand whomever you've outsourced work to (saving time and money)
4: Researches broadens your horizon, open new doors and a world of opportunities you never dreamt of (takes you out of thinking too small or within a box)
5: Your excited about what you do and the new skills you've gained (like when your child takes their first step or says their first word), you want to share it. Sharing what you're doing or learnt is a free form of advertisement, can lead to finding streams of ideas to grow and expand your business from people. Talking to people helps you shed your inhibitions to talking in front of people.

Disadvantages:
1: Takes time getting specific tasks done as you have to learn it first before you can carry it out
2: Its exhausting as it takes long hours
3: Can be frustrating especially as you are constantly encountering new jargon (words specific to a particular industry, trade or skill)
4: Too much research
5:You are constantly thinking even talking about your business


Here are examples of books that can help reduce your workload.  Remember "Knowledge is Power!"
11:This book is very good (for anyone doing their book-keeping for the first time): Practical Accounts and Bookkeeping In Easy Steps


Examples of sites I found very useful: