Just a reminder that TODAY is that last day to email us your trademark and copyright questions to be answered by legal veteran Scott Schwartz. You can also post them in the comments here.

Hey there Bakers! We have an exciting opportunity. Over the past few years, as the rise of Internet artist and designer portfolios, we have also seen the rise of copyright infringement and what we might want to call “copycat” art. We have seen friends’ work taken and reused by large retailers for profit without permission. So how do you go about protecting yourself from falling victim on this great big place called the Internet? Well, we wanted to get you the best advice possible, so we teamed up with legal veteran, Scott Schwartz who hails from major law firm Cozen O’Connor.

Scott has agreed to answer selected questions regarding protecting your work, dealing with copyright issues, and what to do when you find  someone using your work (Scott calls that infringement). So, email us your questions or put them in the comments on this post and he will answer them in an upcoming post.

Scott reminds us that his responses should only be read as general legal comments about copyright and trademark law and they are not a replacement for attorney advice from an attorney that you hire and that is familiar with all of the facts and circumstances of your situation. Scott is really looking forward to responding to the selected questions but his answers do not create an attorney/client relationship.

Here is some more information about Scott:

Scott has a practice focused on all aspects of  trademark, copyright and unfair competition law and related  litigation. He represents clients in a wide range of industries and  at different stages of their corporate development helping them  identify and protect their intellectual property rights and assets.  Scott routinely counsels clients on branding issues such as clearing  and registering their trademarks and addressing enforcement issues. Scott joined Cozen O’Connor’s Philadelphia office in June 2002 and  is a member of the Intellectual Property Department. Before joining Cozen O’Connor, Scott was in-house counsel at Intel Corporation for  more than three and a half years as a senior attorney responsible  for implementing and managing global trademark enforcement and  protection strategies for marks including the Pentium® and Intel  Inside® trademarks. He also served as an associate at the  intellectual property law firm Woodcock Washburn. He is a regular speaker on the topic of trademark and copyright law. In addition to appearing on local news programs discussing issues  from the iPhone trademark to the Wal-Mart “Smiley Face”, Scott has spoken at multiple International Trademark Association programs and  CLE courses put on by the Pennsylvania Bar Institute and the Delaware Valley Chapter of the Associate of Corporate Counsel. He has been quoted on intellectual property issues in BrandWeek, Best’s Review, and California Lawyer Magazine. In addition, Scott previously chaired the U.S. Legislation and Regulations Subcommittee  and New Regulations Subcommittee of the International Trademark  Association. Scott is an adjunct professor at Drexel University in the  Entertainment & Arts Management Program of the Westphal College of Media Arts & Design where he teaches Copyrights and Trademarks for  Entertainment & the Arts. Scott also proudly serves as a board  member of Federation Early Learning Services. Scott received his bachelor of arts degree from American University and his law degree from the University of Buffalo School of Law. He  is admitted to practice in Pennsylvania, New York and Washington, D.C. Scott is also a member of the Screen Actors Guild, having  appeared in his youth in various commercials as well as more  recently in an independent film.

image credit: feedbacklove

And I don’t mean this kind. When I first read the importance of a business model, I could NOT for the life of me figure out what the heck everyone was talking about. A business model? As in, type of business? Kind of overhead? Hourly rates? What?

Really, it’s much simpler:
1. Evaluate the time you have available daily to commit to a business.
2. Choose a business that suits both your schedule and your life plan.

In my opinion, that’s it. That’s all that matters. As creatives, the majority of us are lacking in the business department, so I did some research and found this super easy guide to business models.

This site doesn’t outline all business models by any means, but it gives a few ideas as to the relationship between (a). schedule and (b). commitment to your business.

This step is so important, but it won’t prove useful if you’re not honest with yourself. Have your heart set on opening a brick + mortar shop but can only devote a few hours a day? Not a good fit, unless you change some things up. Bring a friend into the mix and go from there.

I 100% suggest to involve your family in this stage of the process. Husband and I sat down last evening to review my own schedule and time commitments, and I realized that as much as I would LOVE LOVE LOVE to open my own tea studio/art gallery someday, it’s probably not a realistic goal considering the start-up costs and my own time/talents.

So, read up on business models, which you can go through in like one minute. Seriously. While your brain is bubbling over with potential business ideas, be sure to visit these SUPER helpful business calculators, available online for your convenience. You can tally start-up costs, break even goals and an expected cash flow.

Fun, right? Plenty more where that came from, my friends…

While this topic is vast and every artist has a completely different experience, I’ve put together a list of my personal recommendations of what you might want to do, and in what order you might want to do them. These are based only on my personal experience, and what I would do differently if I could do it all over again.

Make a plan to spend half your time doing research to determine what companies your art style fits with.

-Take an art licensing class. I recommend Cheryl Phelps, but you can also check out Joan Beiriger’s Blog on a list of Licensing Teachers. Bring your art to the class for feedback. If you are serious about this career, then fly to wherever the teacher is for a workshop and make it into a vacation.

-Read the following Books: Licensing Art 101, Third Edition: Publishing and Licensing Your Artwork for Profit and Licensing Art and Design: A Professional’s Guide to Licensing and Royalty Agreements.

-Learn Photoshop. Take a class at a local adult school or community college.

-Read the articles on this site about Art Licensing.

-Subscribe to or familiarize yourself with gift trade magazines. Review what product “collections” look like.

-Subscribe to Joan Beiriger’s Art Licensing Blog.

-Sign up for the following news groups: Yahoo Art of Licensing and Linkedin Art of Licensing.

-Spend 3-6 months compiling your own art style and collections.

-Visit Surtex show in New York as a guest. If you can’t go there, try to visit another show in the gift industry. Take notes and collect names of companies and agents.

-Take classes at the trade shows. The two best shows for classes are the Surtex show conference program and Licensing Show conference program. Many of the licensing consultants attend these and you can make appointments with them to evaluate your work.

-Make 6-12 tear sheets of your collections. A tear sheet is an 8 1/2 x 11 printout of samples of your work. For example, one sheet might be a series of Christmas designs made into products such as magnets, coasters or greeting cards. Another sheet might be spring tabletop items such as paper plates, napkins and paper cups. Here are some examples of a variety of kinds of tearsheets by other artists. Try to show your art on an actual product.

Salon of Art
Aurora Fox Design
Heaven and Earthworks
Behtek Designs
Stanley Furniture
Douglas Truth

-Research you local community and find a lawyer who specializes in artist contracts. They can help you evaluate and edit licensing contracts and tell you how to register your copyright correctly. I currently work with MJ Bogatin in Oakland, CA. I’ve worked with him for 20 years and now we do almost everything by email, which saves me time.

-Get a website and post your art with contact information. I recommend GoDaddy because they are cheap and they always answer the phone when you need help.

-One you’ve finished your collections, or while you are doing them, consult with a licensing Coach for professional feedback of what to drop or what to expand. But always remember, no matter what anyone says, keep the designs that you would buy if you walked into a store today and saw them on a shelf.

-Decide if you want to work with an agent. If so, do reseach on the subject and collect their names. You can even do a Google search of “Art Licensing” agent and learn where to find them.

-If you don’t plan on working with an agent, research what companies already do licensing and explore which ones match your style.

-Visit local stores and find products that your art style fits with. Find the label on the product and see who manufacturers it. Get that company’s contact info and find out if they do art licensing. Look at aprons, tableware, shower curtains, potholders, greeting cards, magnets, stamps, bedding, paper plates, giftbags, rugs and coasters.

-Submit your designs to companies. Here are the things you might send them, but always check their submission guidelines.

-Learn how to write your own press releases.

-Most Important: Get a planning buddy if you really want to accomplish all these goals. To learn how to start planning buddy meetings, download Chapter 10 of a book called “Wishcraft.” Instructions start at page 224.

Tired Yet?
Actually all this is really fun.

—

Original post here.

Kate has been a greeting card designer for over a decade and her products can be found in Target, Walgreen’s and Michael’s. You can read her blog here.

image credit: slot k

This post is so, so, so important, for a variety of reasons, but I want to keep this post short and sweet. So here’s a bit of a breakdown surrounding the Life Plan— what it is, why you need it, and what to do with it…

What’s a Life Plan?
Chances are, unless you read business books for fun (read: ME), you’re not totally familiar with what a life plan entails. So think of it, instead, as a glorified list of goals for your personal and professional life, but written down. It includes your wants/not-wants, skills, assets, preferred work environment and the lot. All in one handy paragraph (or two). Coolio, yes?

Why you need it:
Ever heard of a building without the foundation? I hope not, b/c that would be total craziness. If you’re serious about creating a business or breaking out of your 9-to-5, you MUST consider the lifestyle you’re looking for. Entrepreneurship is hard work, and it requires a ton of planning. Writing down your desired goals in life will be super helpful in the long run, and in the next few posts, you’ll see why.

What you do with it:
Keep it. Hang it. File it. Whatever you do, make sure it’s accessible, b/c you WILL want it later. Trust me.

With that said, here’s a great free template for starting your own life plan; download it right here!

Enjoy… and happy planning!

image credit: 11nightmares

So. This is a topic that is incredibly close to my heart for a variety of reasons, but I’ll spare you my story. This one’s for you, readers. For those of you who find yourself behind a dusty desk with a switchboard and overhead fluorescent lights. For those of you who are chasing after three kids with thirty very messy fingers. For those of you who are refilling table number nine’s coffee for the sixth time, dreaming of a conversation that doesn’t revolve around the weather patterns.

The good news? We’ve all been there a few times in our lives, and you’ll get through it.
The bad news? Brush up on your patience, because you’ll need it.

I’m a firm believer in things happening when the timing is right. That’s not to say that you shouldn’t be taking active steps to prepare yourself for a better day, but I do find that most of us desire a fast forward button all too often. And let me ask you this: If you skip to the very last scene of ‘Reality Bites’ just to find out if Winona and Ethan finally profess their love for each other (spoiler alert: they do!), would you have witnessed the best gas station rendition of ‘My Sharona’ known to man? No, you wouldn’t have. Would you have watched two grown adults fall in love over a Big Gulp? Never!

It’s the journey. It’s the now. Please don’t forget that, no matter how many steak fries you have to serve to get where you need to be. You’re where you are for a reason, and I believe that with all of my heart.

Now. With that said, let’s focus on what you can do to prepare yourself for the life/career you dream of. Because I’m not totally there yet, I’ve asked a few of my artist friends who ARE, and here’s what they had to say:

Kelly Lynn Jones, shop owner of Little Paper Planes, talks about the financial aspects of her creative process: “I just know that each month my money varies and to be prepared for slow months… I also do commissioned-type work, gallery shows, etc to supplement my income. I am not going to lie, it gets scary sometimes wondering how the money is going to come in, but I think things have their ways of working out…”

Maria “Mav” from Port2Port Press adds “financially, keep things in [your] life very simple… I do love to eat out, and I’m willing to take on a few extra projects each month to allow for those meals and glasses of red wine!”

Alyson Fox agrees: “I am still not self supporting, but I think I am getting closer. Hopefully. I have a great month and then a really slow month. It is really scary, but also self rewarding. I nanny three times a week to pay the grueling student loan, car insurance, gas and health insurance. Then with what I make from selling my art or from my small clothing line, I save 50 percent of it right off the bat. Then I reinvest the other half back into my work. More so into the clothes since that involves the most over head. It takes a lot of hard work, sometime tears and a lot of support.”

But what do you do when you’re stuck? When you know you hate what you’re doing now, but you’re not sure what to do with the talents you have? What makes sense with your lifestyle, your intended career path and what you currently have responsibilities for?

I read a FANTASTIC book about a year ago, and it was, in fact, a HUGE push in the direction of creating this blog. Do What You Are: Discover the Perfect Career for You Through the Secrets of Personality Type by authors Paul Tieger and Barbara Barron examines various personality types (i.e. introvert vs. extrovert, passive vs. assertive) and applies that exploration to a career path. If you really are unsure of what to do with your life, this is a GREAT resource. I find myself going back to it time and again to remind myself that there IS a profession that my personality type can find fulfillment in— it’s up to me to get there.

By now you’re probably thinking— yeah, ok, Erin, but I don’t have the time to even READ these links, let alone start a business from them. Here’s my advice for you:

1. No time? FIND IT. Quit brushing your teeth to save an extra two minutes a day (well, maybe find something else to stop doing…). You may have less friends, but hey— gotta start somewhere.

2. If you read just ONE article, read this one. Tony Wright is a VERY smart business owner, and he’s got some great words of advice for those of you that can’t quit your day job just yet, but want to make some magic happen. The article itself is meant for those that desire to build an Internet startup, but I feel like a lot of his advice applies to small business owners in general.

Whew. I told you… I get all novel-ish when I write about this sort of thing. Long story long, you need to hear this stuff, and you need to hear it often. The fact of the matter is that most of us are blessed with the freedom and resources to make our dreams come true. And those of us that aren’t? Ask for help. There is an entire community of crafters, artisans, designers, etc that would love to answer some questions, and it starts right here.

image credit: heffron

Sometimes in businss, and in blogging, you have to take it very slowly, and even take “baby steps”. In the very beginning of your blog you might feel frustrated or disappointed that you don’t have hundreds of people flocking to your site or you’re not making lots of money. However, it’s a good idea to measure your small successes with small goals. I was reading Problogger [as I do every day] and recently starred a post called “9 First Step Goals for New Bloggers”. I think if you’re a brand new blogger or thinking about blogging, then these are definitely the goals with which you should start.

image credit: nappkin

Not those assets, Ma. Asset management is basically a fancy phrase for saying “Get your ducks in a row!”. This is one of my favorite stages of starting a business because it allows for a bit of strategy, a bit of planning and a whole lot of creativity!

I’ve divided this section into two parts for clarity:
1– Website Address.
2– Trademark.

I imagine that for most of you, the first part will be the most helpful, and the latter two may apply to just a few of you. Regardless, we’re digging in, so hang in there!:

Website Address
Choosing your web address is CRUCIAL. I can’t emphasize the importance of a good web address enough. Here are a few key things to remember when formulating your web addy:

1. Stick with .com if you can. This is not the time to get creative with a .net, .biz, etc.

2. Keep it short and sweet. ILikeToWriteAboutDesign.com is neither short, nor sweet.

3. Avoid hyphens [Note from Jaime: I happen to like my hyphen, thank you very much, but this IS good advice.]. They lead to more potential human errors when readers may try to locate your site.

4. Include the topic in the address, if you can. If you write about design, try to include design. If you’re selling craft materials, try to include craft. Your search engine ratings will thank you.

5. Craft a catchy name, but avoid misspelling your words to be cutesy. It can only lead to confusion!

6. If your desired web address is already taken, don’t worry. Many entrepreneurs are willing to sell you a web name that isn’t in use for a low rate. Simply contact the owner of the domain name.

7. Purchase your domain name immediately if you’ve found one you love. Regardless of whether or not you’re prepared to begin your site, you’ll want to ensure you’ve secured the domain name before someone else does. You can do this through a variety of sites, including GoDaddy.com, Network Solutions or Register.com.

Trademarks
Ahh, trademarks and copyrights. Many people see trademarks/copyrights as a luxury in the business realm, but they are much more essential than you think. I consider them the “car insurance of businesses – useless until something goes wrong.”

Although trademarks do give a business a sense of extra oomph [I LOVE when there's a cute little TM after a business name!], they really come in handy if you discover that another person or company is hurting your business reputation or causing confusion by using your mark to sell similar or cheaper-quality goods.

For more information on trademarks and how to register, visit the US Patent and Trademark Office right here. As always, if you need help, simply email us right here!

image credit: quiet dear

Today I’ll be talking about a VERY relevant topic in the world today— money. This may be the hardest time to get your financial ducks in a row, but I do feel compelled to share some important tools that have worked in the past. Keep in mind that the stakes are getting higher, so you may need to apply one or more of the below tactics to really lay a secure foundation for your business. Here we go!

When choosing the right funding path to embark on, it’s so important for you to think about the type of business you’re attempting. I’ve outlined a few key paths to choose from below, both with positive and negative attributes:

1. Bootstrapping: Starting a business without external help/capital [source].

Obviously, there are some positive aspects to bootstrapping:

• You maintain complete financial and operational control over your business.
• You have no equity-holders to pay off if the company eventually hits it big.
• If you are able to use savings, you won’t have monthly payments to add to your business’ expenses.

And, some negative:

• If the business fails, you’re very likely to face a lot of personal debt.
• Depending on the source of your personal capital, you may end up paying a high interest rate [if you use a credit card], or you may miss out on earning interest [if you use savings].
• Typically, this form of funding limits the amount of money you have for strategic purposes and the rate of growth of your business can be significantly slowed down as it starves for cash.

2. Debt Financing: Going the loan route.

Positives:

• You don’t have to give up equity, proceeds or control in order to get funded.
• You build a powerful relationship with your banker that can open up additional forms of debt financing you may need down the road.

Negatives:

• Bank loans typically go to existing small businesses with 2 years of history and credit.
• You must pay interest, and if you don’t keep up with your loan payments, you could find yourself in a tough spot with the bank.
• You may be required to provide personal collateral, such as your home, to obtain the loan.
• This is not the best market to seek a loan and you may face resistance from banks.

3. Angel Investors: Individuals who invest in a company early on in exchange for equity and a “voice” in the company.

Positives:

• Angels invest more than money — they provide mentoring and contacts.
• Angels are patient about their investment.
• There are no monthly payments with this type of financing – angels make their money when you achieve your exit strategy.

Negatives:

• Angels are difficult to find.
• Angels deserve regular and thorough reporting, which can take up valuable time.
• You are giving up equity in your company.

Again, these are just a few options available to you. Grants, venture capitalists and factoring are big portions of funding as well and are worth doing a bit of reading to find what’s right for you.

The most important business advice I’ve ever received when it comes to money [and life!] is DON’T live beyond your means. If an office space isn’t a necessity, work from your home. If you can re-use materials for your craft, by all means — re-use! Don’t underestimate the power of creativity in this stage of your business. Often the foundation you set in the beginning will make or break your future business!

image credit: cakeybabes on flickr

Do you ever feel like you’re staring at your computer and you just have no idea what to blog about? Do you feel uninspired?

Try a brainstorming session. Here’s how it works:

Turn off the computer. Wait, not yet. After you’ve read this.

Take out a blank sheet of paper and a pencil.

Write an idea and draw a circle around it. Now, break this idea down into 3-5 related topics, putting each idea into it’s own bubble and drawing a line from the original bubble. Then, try creating a post or two from each topic. If you can’t, keep going. Or, try another main idea.

For example, let’s say my main idea is springtime. Here’s what my brainstorming might look like:

A. It’s springtime.

1. Spring means flowers and my favorite flowers are: peonies, tulips, and daisies.
a. Post on favorite flowers.
b. Post on decorating with flowers.

2. Flowers grow in gardens, but I don’t have a garden since I live in an apartment. I could have a potted garden.
a. Post on how to plant an indoor herb garden.

3. It has been raining a lot lately.
a. I enjoy the rain, and recently bought a new umbrella and galoshes. Post on my cute new rain gear.

4. It’s starting to get hot outside.
a. My hair is frizzy. Post on my tried and tested frizz-fighting hair products.
b. I have to get a bathing suit soon. Post on bathing suit trends, and my 5 faves.

See? I have almost 2 weeks worth of posts, all because I started with the season of the year. You can do this with any topic. I suggest you try it out this week, and come back here and let us know how it worked.