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The Money Making Power of Licensing

December 2014 Issue

Welcome to the December issue of Licensing4Profits. 

Trade Associations are more than just membership, event and education organizations. In this month's featured article, we discuss how trade associations can use their database and content " IP" to generate revenues, increase membership and build their brand value.

 

One of the biggest obstacles to making money with intellectual property is the way you think about it. In our newest e-course, The Licensing Mindset: How to Think Like an IP Entrepreneur, you'll learn about thinking outside the "tangible asset" box and why the most successful businesses are created with a licensing model.

Maintaining your IP rights requires timely payments of registration and maintenance fees. In our next article, Key Terms & Conditions, you'll learn several ways these fees can be negotiated in your licensing agreements.

Learn what a toilet brush manufacturer and a department store copywriter have in common in this month's Holiday IP History article.

We conclude with this month's question "Can I get an option to license an intellectual property?"

Happy Holidays!

 

New Licensing News from LCG

Trade Associations Are More Than Just Membership, Meetings and Monthly Information

 

Many associations are missing big income opportunities by failing to recognize their database and content as valuable intellectual property assets. 

Trade associations support their members in various ways, most often through information, industry resources and professional training. What many of them overlook is thinking about their content and database as intellectual property.   

 

A good example is the American Dental Association's licensing program. They re-purpose their existing products and content, and generate $2.5 million annually through licensing. Their licensing program includes the members database, dental procedure codes, print and digital books, an app, related continuing-education programs and licensed articles and other related content.

 

In addition to revenue, the ADA's licensing program increases their brand value by reaching new international markets and increasing public awareness about the ADA and the importance of oral health.

 

A successful licensing strategy focuses on how to use your association intellectual property to maximize royalty revenues. It starts with an inventory of your IP assets so you know what you are working with. The secret is dissecting your IP into parts. For example, when licensing their database, the ADA excludes rights to their members email addresses, which they use exclusively to sell their own products directly to members.

 

Royalty fees can be structured based on the IP use. In the case of a database, it can be a fixed rate royalty for a one time promotional use, or an annual royalty based on unlimited use rights. A third option is licensing to one or more list brokers for an annual royalty fee, revenue split or percentage of sales. These are often sub-licensing deals, where the list broker re-licenses the database to other users.

 

Control of how your database IP is used is also important. It's best to create "licensee guidelines" (e.g. Standards and Procedures manual) of permissible uses. An annual usage audit is another way of making sure your licensees are complying with their usage rights.

 

Your association database and content is valuable IP that is unique to your industry. By effectively managing this IP asset, it can be re-purposed and licensed to generate additional revenues, enhance membership value, increase the association brand, and attract new members.   

Feel free to pass this newsletter along to friends and associates. You can visit our websites (www.licensing4profits.com and www.licensingcg.com) to view our blog, special reports, published articles, webinars and audio presentations.

If you are interested in learning about our consulting services
, please contact us at (646) 395-9572 or email info@licensingcg.com.  

 

Best regards,

 



Rand Brenner

President & CEO 

Licensing Consulting Group





Rand Brenner is the President & CEO of Licensing Consulting Group, a full service intellectual property management company.  LCG provides IP management, strategy consulting, and property representation. For more information, please visit our website or send an email to info@licensingcg.com.

About Rand Brenner  

Rand has licensed some of the biggest Hollywood blockbusters, including "Batman" and the "Mighty Morphin Power Rangers", both of which generated billions of dollars in worldwide merchandise sales. His career included executive positions at Saban Entertainment and Warner Bros Consumer Products where he developed numerous licensing and promotional deals with Fortune 1000 companies


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In This Issue
Key Terms & Conditions- Enforcement of IP Rights


Keeping your intellectual property rights intact is an important part of a licensing agreement. In addition to infringement actions, it requires staying current on all fees for your IP registration.

Your agreement must clarify who will be responsible for maintaining the registered IP rights (i.e. patents, copyrights and trademarks). In most cases, the IP owner pays all the fees associated with the IP registration and maintenance.

 

However, in some cases, the licensee can be required to pay the fees. Some examples are when a licensee is assisting with the patent filing strategy, or is getting exclusive rights to the IP. In this situation, the licensee can get reimbursed by the IP owner, typically as a credit against future royalty payments.

 

When preparing or reviewing a licensing agreement, it's always best to seek qualified legal advice before you sign anything. 

Holiday IP History

Artificial Christmas Trees: In the 1930's, the Addis Brush Company created the first artificial-brush trees, using the same machinery that made their toilet brushes! They received a patent for it in 1950.

Rudolph the Red-Nosed Reindeer: Rudolph wasn't part of Santa's original sleigh-driving team. Rudolph was invented in 1939 (and later copyrighted) by a Montgomery Ward copywriter named Robert May. It was a Christmas story the  department store gave away to customers as a promotion. Rudolph also became a famous song, cartoon and TV show.

 

Source:About.com 

Ask Rand Brenner 

   

Q: Can I get an option to license an intellectual property?

A: Yes. An option agreement gives you a limited time right to execute a full license agreement. Anytime during the option time period, you have the right to "exercise" the option to obtain the license.

Options are typically used when the intellectual property requires further research and development. An example is a new technology that needs to be evaluated to make sure it works. In this case, the company getting the option right will pay to complete the R&D.

 

The option agreement includes an option fee, and requires you to negotiate a license agreement when you exercise the option.The key difference between an option and license agreement is that the option doesn't allow you to commercially market and sell the IP.

 

 

Got a question about licensing? Send an email to askrandbrenner@ licensing4profits.com. You'll get an answer to your question which will be included in a future issue of this newsletter. 

The information in this newsletter is presented by Licensing Consulting Group as a service to the subscribers. Although the author attempts to keep this information current and accurate, he makes no warranty or guarantee that it is correct, complete or up-to-date. This newsletter may contain links or be linked to other web sites not maintained by Licensing Consulting Group. The author makes no representations, express or implied, with respect to the materials and information provided on any third-party web site linked to this newsletter, including any representations as to the accuracy, timeliness, reliability or completeness of any material or information on such linked site. Inclusion of a link in this newsletter to another web site does not imply recommendation, approval or endorsement by the author of the linked site.

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