As a result, I want to encourage everyone (including myself) to take advantage of the events which will be streamed live here.  You can also get the latest info on Twitter - #SBW2013

Finally, at the end of the week there will be a ceremony in DC to honor the National Small Business Person of the Year. Frankly, I think we should all get an award for taking the risks, creating jobs, and working way too many hours just so we can keep our economy going. To my fellow small business owners, congratulations and thanks for all your hard work. Be sure to take some time to celebrate.  It’s your week!

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The answer was yes, for a lot of reasons. First, the technology has changed significantly and more and more people are accessing websites on mobile devices. So, a new site was critical for that reason. But, there were other considerations beyond the technology.  Think about it. It is easy to get into a rut and believe what you are doing works so why change it up? Maybe you, like me, get so involved in projects the thought of doing one more thing is too much of an effort. Perhaps you are so busy working in your business that you are not working on the business.

Whatever the reason, we all need to take a step back and remember why we started our business in the first place. This refresh was about more than just creating a new visual experience on our website and for our newsletter. The process of creating these new communications gave us time to focus on the business. We spent some time analyzing our work and thinking about how it could be enhanced, changed, or expanded. It was also a time for us to consider how we “talk about ourselves” and what is important to us, and our customers. Maybe it is time for you and your business to think about a refresh.  I hope you will take the time to check out my new website and watch for our video newsletter. And, if you don’t currently have a newsletter, you might want to consider “stealing” our format and reaching out to your customers in a new way.

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Guest blogging content by: Sharon Toerek, Licata & Toerek

Rights management is a key business affairs issue for any creative services firm. Managing intellectual property rights in a creative project efficiently is crucial to delivering value to clients, and is easier to accomplish if you take a few proactive steps in the beginning of the workflow process.

First, a quick review of the rights about which creatives and their clients are concerned:

• Copyright – a set of rights a creator has in any completed creative work, including the rights to copy, modify, or sell the work. Most of the time, the term “rights,” used in the marketing world, means copyright.
• Ownership vs. License – ownership of copyright means just that – you own all rights for all uses of the work, forever. Anything less than that – whether limited by time, geography, or type of use – is likely a license of rights.
• Trademarks – creative work can sometimes be subject to copyright protection and limitations, as well as serve as a trademark to identify a client’s products or services. Both are intellectual property rights. It’s important to know which rights are in play.

Whenever I discuss this with my clients in the marketing and creative worlds, I like to use the metaphor of a patchwork quilt. Why? Ultimately, the finished product at the end of any creative project includes a “patchwork” of intellectual property rights contributed by any number of parties – the marketing agency, third party contributors like video producers, web developers, or photographers, freelance workers who are independent contractors for hire, and, sometimes, the client. The goal is to stitch the rights together so that they all end up in their proper places, owned by the right party.

How to best accomplish this? What follows is a checklist of questions and issues to consider, along with related action steps.

1. Did a freelancer create or contribute to the work? U.S. copyright law vests copyright in the creator unless there is a written agreement that says otherwise. This is crucial in the age of freelancers and “virtual agencies.” If a freelancer (anyone not on your actual payroll) created or contributed to the work product, they own the rights to their work – not you. Not your client. Even if you’ve paid them. Avoid this problem by getting a written work-for-hire agreement up front, or at least a written assignment of all rights after completion.
2. Did any third party create or contribute to the work? Similar to the scenario of the freelance creator, you need a solid contract with all third party professionals who will contribute to the finished creative project, and that contract needs to provide for the transfer of rights in contributed work to you or the “end-owner” (the client), and the conditions under which those rights will transfer, such as upon payment receipt.
3. Are there any restrictions or limitations of use on the work? If you have obtained license rights to third party work, such as music or stock photography, what are the limitations of time, geography, or type of use? When do the rights expire, if they do? What happens if you want to use the work for another project – do the rights cover that use? Review your license and terms of conditions language in these circumstances, and use a good calendaring or docketing system so that you are on top of rights renewals.
4. Did the client receive the rights to completed work? In the rush to complete a project and move on to the next revenue-producing opportunity, creatives frequently forget to take the step of documenting the transfer of rights in completed works to their clients. The most efficient way to handle this is to address it in the client services agreement (and tie the transfer to receipt of payment), but if you haven’t done so a written assignment of the completed work resolves the issue. No creative firm wants to deal with an unhappy client who learns it does not own rights to the work for which it has paid.

A proactive rights management system saves time and money for creative firms and their clients.

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Two global competitors in our area, Herman Miller and Haworth, both well-known furniture manufacturers, fueled the creation of this pilot program. The CEOs of these two companies, Brian Walker of Herman Miller, Inc., and Franco Bianchi of Haworth Inc., could not attend the launch to the greater community, so they came together and invited us to videotape a candid interview about the journey that resulted in Connections. For more than an hour, they sat together to share their passion for this effort. They also encouraged other businesses to participate so young people can experience firsthand the need for education, and the very real connection between the classroom and a career.

As I watched these two competitors banter back and forth, a lot like two old friends, I was struck by the significance of this taping. Think about it. Two cross–town rivals who are fierce competitors on the global stage coming together to work on community problems. Today, all businesses are challenged as they search for talent. At the same time, schools are trying to help young people understand what they learn in the classroom applies to the real world. By getting everyone engaged these CEOs were spreading the word about Connections hoping to make a real difference

I think they will and hope this amazing display of collaboration is a model for all of us as we work to solve problems in our local communities and our country.

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The reason for the change?

It’s not what you might think. Employees were not slacking off. In fact, a few studies showed those who worked remotely often put in more hours than those in the office. But many employers believed those who worked solely at home missed a lot. Let’s face it – the best communication is often the informal chat you have at the coffee machine, or walking down the hall, or in the parking lot. That’s where you connect with the people on your team. So much of what we learn is gleaned from those unscripted, spontaneous interactions. I know technology can help when geography puts us at a disadvantage, but I for one think “showing up” and communicating face-to-face is critical.  Don’t get me wrong, I occasionally work remotely and I get a lot done. But if I did it all the time I think I would miss some very important chances to brainstorm with my team. Not to mention, the “looks” that tell you so much about what employees are really thinking. So while some workers are not happy about the trek back to the office, I think it is smart for companies to change direction when they see their decisions may not have worked out as intended.

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For many, going home is about family. That is the case with the young architect and his wife. It is a desire for their children to be raised closer to grandparents and family. Who can argue with that? But, it is also about opportunity; the chance to come home and a start a business, the chance to build something from the ground up, the chance to give back to the community. It is really inspiring to see the optimism and hope these individuals can bring a lot to the area.

I know this must be top of mind for many. In fact, a recent article in Bloomberg Businessweek talks about struggling cities like Detroit, Milwaukee, Saint Louis, and New Orleans. It offers countless examples of individuals and programs helping entrepreneurs get started or grow. If you want to read some good news, check it out.

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But while everyone is riveted to the situation now, history shows us we tend to forget painful situations and try to move on. It is only natural. I heard one broadcaster this morning issue a challenge. He was promoting a fundraiser for two brothers injured at the race, but went on to encourage the viewers to think about how much long-term support all the victims will need.  He is right. The One Fund is one way to help support families. I have sent them my check and hope others will help as well, with a charity of their choosing. It will be a long road for so many families and no one should have to go it alone.

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I was excited to hear presentations from leaders at companies like Ford, GM, Comau and an Industry Week Panel. Yes, there are lots of challenges, but to the average person, there was an optimistic view supported by real examples of what companies are doing to be competitive.  Many are working to make better quality products, improve energy utilization, and be more productive.

But, of course you can’t do that without skilled workers – it was a theme I heard over and over again. And, this is not only true in the manufacturing.  It’s certainly true in my business and many others. We all need knowledgeable, creative employees to help move our companies forward… and our country forward. The take-away I got from this event was “Made in America is making its way back.” Finally, there is some good news.

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The President was not scheduled to be there, so it was a big surprise when he popped in. I actually did not see the entrance (I was busy tweeting) but the massive gasp let me know something was up. It was pretty impressive the President did more than just make a courtesy call. He spent quite a bit of time with the group and even answered questions from the floor. That should make some journalists jealous! I have been to briefings in the past and to be honest some have been pretty boring. This one was not. The President spoke about small business issues – lack of access to capital, the need for trained and talented workers, and much more. You might think he would be a hard act to follow… but in truth one of the most exciting presentations was from Todd Park, US Chief Technology Officer and Assistant to the President. To say he makes the energizer bunny look calm would be an understatement. Park is a business person turned public servant. He spoke about the need to release government data to the public so entrepreneurs can use it to innovate. Park pointed to the release of weather and GPS data and how it has sparked whole new industries. He talked about efforts of his office to continue help businesses use technology. I left thinking more positively about the future of small business and our country. I know it sounds sappy, but even I get to be that way once in a while.

Our visit was also mentioned in The White House Blog – check it out here.

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The same is true in business.

You can feel like you are really busy, but you might not be making a whole lot of progress, or money.  The reasons can be varied. Maybe you did not quote the job accurately. There was more work to it than you anticipated, but you can’t go back and charge your customer more. Perhaps the scope of the project or job was not clearly defined, and as a result, there was a lot of wasted time trying to find your way. Or, maybe you just were not very efficient or your process was flawed. Whatever the reason, I hate feeling like I am working so hard and it is not being reflected in the bottom line. When that happens I try to take a step back and assess what I can do to improve the results. Being busy is great, but sometimes we need to stop moving to really see how far we have traveled.

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