Are Speakers at Your Meetings Putting You at Risk?
Al McCree

You and your association are potentially liable if a speaker at your meeting uses the intellectual property of another without permission. This is a common problem and can be a very big deal. Several years ago, I was asked to do a seminar on Steven Covey's Seven Habits of Effective People. To do so without permission would not only be unethical, it would be illegal.

How to avoid. The easiest way to avoid liability is to have each speaker sign a release holding you and your association harmless for any improper use of intellectual property. Only occasionally am I asked to sign such a release and frankly, it is surprising that all associations don't have this requirement. For an example of such a release go to my website: www.almccree.com or email me at al@almccree.com for a copy. You can modify it to fit your needs.

Below are some guidelines you might want to consider.

Intellectual Property Dos and Taboos:
Guidelines from the National Speakers Association

As the leading organization for experts who speak professionally, the National Speakers Association (NSA) offers the following intellectual property guidelines for associations and those who present at association meetings.

What is Intellectual Property?

Intellectual property is broadly defined as the original expression of ideas, as well as symbols and words that represent the products or services of a company or person.

Items considered to be intellectual property:

Complying with the Law

Presenters who use any type of intellectual property that is not their own must get permission from the owner by obtaining a formal license or written permission to use the material. It is important to note that in some cases, the creator of the property is not the owner.

Assuring an Informed Audience

Presenters who use handouts that duplicate intellectual property with permission should add "Used with permission of _____" to the document. The handouts might also explain that you have permission to use other materials (cartoons, photos, music, etc.) in your presentation. For example, "All of the materials presented in this presentation are either original, licensed or used with permission."

The presenter can also inform the audience that he or she has permission to use the intellectual property of others by making a simple, brief statement such as: "These photos are used with permission of _____." Sometimes the owner may require you to use a more formal declaration, including for example, a copyright notice.

Presenters who have gone to the expense of creating and/or commissioning their own intellectual property should notify the audience of this. The presenter might use a brief phrase such as, "I had these cartoons especially created for my seminars."

Securing Music Rights

By paying a small yearly fee, your association can secure certain performance rights from organizations such as A.S.C.A.P. (American Society of Composers, Authors and Publishers) or B.M.I. (Broadcast Music Incorporated). This license fee allows certain music to be played or performed in front of a group of people.

Failure to secure licensing can result in significant fines for your association, so be sure to contact B.M.I. and A.S.C.A.P. directly to learn what types of licensing agreements your association will need in order to comply with the law.

The organization hiring the music is generally responsible for licensing the music. A presenter that uses music in their presentation falls into the same category as a piano player hired for a cocktail party or a DJ hired for a dance. If a presenter fails to notify the association of the intended use of music, then the presenter is responsible for the license.

If the presenter is going to synchronize music to another media (sound on slide, video, etc.), he or she must obtain a separate synchronization license.

Taping the Presentation

Your association may tape and sell presentations to bring in non-dues revenue. If a presentation is being audio- or videotaped, your association must obtain permission to duplicate any intellectual property that is presented. The recording company must be advised of presentation content so that they can:

1. obtain the appropriate permissions (which is unlikely),
2. simply edit out the musical selections (which is most likely), or
3. choose not to duplicate the presentation (which sometimes happens).

For videotaped programs, the same permission is required for any visual media that would be reproduced, such as photos or cartoons. The most practical way to handle this is in the standard release for taping signed by presenters. Have the presenters indicate that taping is permitted and that they have received permission for your association to duplicate the intellectual property contained in their presentation. If such permission has not been obtained, they should indicate what portions need to be edited.

Be aware that this kind of duplication is prohibited for "casual" use of music as well. For example, if during an awards ceremony music is used to introduce the winners, duplication of this music is not permitted without a license.

A Shining Example

Your association gains credibility when it places value on respecting the intellectual property of others. By requiring your presenters to understand and follow ethical guidelines for using the materials, titles and thematic creations of others, you will honor your responsibility to model the highest standards for your members.

The National Speakers Association (NSA) is the leading organization for experts who speak professionally. NSA's 4,000 members include experts in a variety of industries and disciplines, who reach audiences as trainers, educators, humorists, motivators, consultants, authors and more. Since 1973, NSA has provided resources and education designed to advance the skills, integrity and value of its members and speaking profession. Visit NSA's Web site at www.nsaspeaker.org. NSA: The Voice of the Speaking Profession. ®

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As a professional speaker, Al McCree works with organizations and individuals who are seeking to grow personally and professionally. His topics include The Power Tools of Leadership, Are Your Customers Singing Your Song? Celebrating Your Natural Gifts, and Selling…..The Unnatural Act. He is the past Chair of the Ethics Committee for the National Speakers Association. For information, call 615-370-0966 or visit www.almccree.com.