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Welcome to the March issue of Licensing4Profits. If you're a magazine publisher, one of your biggest challenges today is expanding into foreign markets to keep up with increasingly globalized advertisers. In this month's featured article, Magazine Licensing: A Low Risk Strategy to Expand Internationally, we discuss what to look out for when licensing your publishing rights to foreign licensing partners. Your intellectual property is more than just a product or service. It's a bundle of rights that creates your IP value. In our latest free webinar, 3 Secrets to Unlocking Your IP Value, you'll learn how to break out of the tangible thinking box, find the valuable parts of your IP, and see new ways to make money with your intellectual property. Disputes between licensing partners do happen, but they don't have to be costly. In our next article, Key Terms & Conditions: Governing Law, you'll find out why specifying where and under what law disputes will be settled can save you time and money. Learn what the rubber band, a famous musical play, and a popular hoop toy have in common in This Month in IP History. We conclude with this month's question "How can I get protection for my anti-aging herbal remedy?"Enjoy!
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Magazine Licensing: A Low Risk International Expansion Strategy
Magazine publishing is a 90 billion dollar worldwide business. As their advertisers continue to globalize, magazine publishers of all sizes now recognize they must also expand internationally if they are to keep growing. Licensing is low risk strategy for magazine publishers looking to expand internationally, both in print and digital format. It's an especially good strategy for small-to-medium-sized publishers with limited financial resources. Licensing limits your investment risk by partnering with companies in local markets who have the publishing expertise, active advertiser base and established magazine distribution channels. It's also a strategy for getting into markets where direct ownership is not an option. A good example of a hot magazine licensing opportunity is China. Because local laws prohibit 100% ownership by foreign publishers, licensing is an ideal strategy for this territory. It's a rapidly expanding consumer market, with 300 million middle-class consumers spending on everything from branded apparel to cars, computers and more. Chinese publishers, both consumer and B2B, are actively licensing top US magazine brands and content. Some examples include Fortune, Harper's Bazaar, Esquire, Good Housekeeping and Popular Mechanics. How long the agreement runs will depend on the licensee and the market. If a licensee is making a substantial investment in launching your magazine in their market, they'll most likely want exclusive rights for multiple years. Be careful with licensees who want rights to several territories or regions. A qualified licensee in Germany is not necessarily an effective partner in other parts of Western Europe. Royalties can average between 5% and 15% of a licensing partner's total revenues, which are generated from paid advertising and subscribers. Other revenue sources to consider include conferences and expos, reprints, digital rights and ancillary products (such as merchandise) ... basically any revenue generated using your magazine IP. Royalties should be based on performance benchmarks, such as revenue targets. Payment of a minimum amount of royalties (minimum guarantee) can also be required whether or not they achieve the revenue goals. Be sure to include specific quality control guidelines requiring your approval of the editorial, look and feel of the finished magazine product. You'll also want to define what percentage of your editorial content must be translated and used in each of their issues. Most important, make sure your trademarks and copyrights are registered in each territory. In addition to royalty revenues, you can use licensing to increase your direct revenues from international advertisers. For example, the agreement can include cross-sales and cross-marketing rights, giving you the option to sell advertising into the licensee's publication. If you've got licensees in many different countries, you can now offer global ad packages. If you are a magazine publisher, licensing must be part of your expansion strategy. It's a low risk and faster way to expand your magazine into new markets. You can generate new revenues from your licensees, global advertisers and from a variety of media platforms including online, mobile, e-readers and others.
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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 Licensing4Profits
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
LCG advises clients on the strategic use of IP assets to build business value, increase revenues, lower costs and capitalize on new market opportunities. Our consulting services are designed for small and mid-size businesses, enabling them to benefit from top end IP licensing services typically afforded by large companies.
About Licensing4Profits
Licensing4Profits is the only online resource providing coaching, teaching and training on how to manage and make money with intellectual property. We offer audio workshops, seminars, videos, e-courses, blog articles and webinars. Our goal is to advise, guide and help you master the licensing skills to transform your intellectual property into money-making products, services and technologies.
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Free Webinar: 3 Secrets to Unlocking Your IP Value
This webinar will show you how break out of the tangible thinking box, find the valuable parts of your IP, and see new ways to make money with your IP.Click Here to Sign Up
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Key Terms & Conditions: Governing Law
If a dispute happens with your licensing partner, specifying where and under what laws it will be settled can save you time and money.
A "choice of law" or "governing law" provision in a contract specifies that a particular state's laws will be used to settle any disputes. While its usually the IP owner's home state, it can also be another state that's more favorable to the IP owner.
For example, Delaware is often the choice for many big corporations, because that state's laws often favor corporations and offer some predictability when it comes to disputes.
In the US, the differences in state law are usually not great enough to make this a major negotiating issue. However, licensing a partner in another country is a different situation. In this case, you'll want to make sure the governing law (and where it's resolved) is your home country. Otherwise you'll be subject to foreign laws which can be more uncertain and the costs for settling a dispute can be much higher.
Don't overlook the dispute resolution clause. Clearly detailing governing law (and jurisdiction) in your licensing agreement will help make sure that the level of uncertainty and costs associated with any dispute are minimized.
When preparing or reviewing a licensing agreement, it's always best to seek qualified legal advice before you sign anything.
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This Month in IP History
1845 The first rubber band was patented by Stephen Perry of London. 1956 "West Side Story", a musical play by Leonard Bernstein, was copyrighted. 1963 Arthur K. Melin received U.S. Patent Number 3,079,728 for a Hoop Toy aka the Hula-Hoop. Source:About.com |
Ask Rand Brenner
Q: How can I get protection for an anti-aging herbal remedy?
A: Trade secrets are one of the most common ways to protect natural and herbal formulas. Trade secrets are guarded things such as ingredients and recipes. They are much less expensive then patents and there's no time limit on trade secret protection. But you've got to be diligent about maintaining the confidentiality of your formula to keep it protected as a trade secret.
Creating a unique trademark (brand) will protect your herbal remedy's quality and reputation. In addition to reinforcing your herbal formula quality, your trademark also differentiates you from lots of other natural herbal products with similar names or packaging. For example, there are dozens of "different" Ginkgo Biloba products sold at retail.
Although a patent can provide the strongest IP protection, it's also the most difficult to obtain. The biggest problem is that most of the herbs are well known to the public and used for many different purposes.
Unless your anti-aging herbal formula is really unique, protecting it as a trade secret and wrapping it with a unique trademark name is your best option.
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