In this episode, I put a new spin on journaling to achieve your personal and business goals—keeping an IP journal. The goal of an IP journal is to document the who, when, what, and how of all your content and ideas at the time you create them. The benefit—confidence in your legal foundation as you create IP-based revenue streams, like products and licensing, and knowing that you are building a business that will be ready to sell when you are ready to exit. In this episode, you will learn:
· How an IP journal will help you in each of the 4 steps of the Hourly to Exit journey
· The 8 strategies to leverage your service-based business, and how IP plays a part
· When you need to start your IP journal (hint: today!)
· How an IP journal can act as a sword and shield in an IP dispute with another party
As your business grows and evolves, your IP journal will be a priceless record of your most important business asset. If you have questions about your IP, you can always schedule a consultation with me.
Connect with Erin and find the resources mentioned in this episode at hourlytoexit.com/podcast.
Erin's LinkedIn Page: https://www.linkedin.com/in/erinaustin/
Think Beyond IP YouTube Page: https://www.youtube.com/channel/UCVztXnDYnZ83oIb-EGX9IGA/videos
Music credit: Yes She Can by Tiny Music
A Team Dklutr production
Hello, ladies.
Erin Austin:Welcome to the Hourly to Exit podcast.
Erin Austin:if you're wondering about the title to this episode.
Erin Austin:When I was looking for the title, I googled the term journaling for dollars.
Erin Austin:What I was looking for was actually there's this old saying, It's doing
Erin Austin:something for dollars, which at the time alluded me, and by the way, still does.
Erin Austin:I think it's digging for dollars, but I never did find out what I was looking for.
Erin Austin:Instead, a lot of Etsy shop money journals popped up with titles like
Erin Austin:Money Mindset Journal and Money Affirmation Journal, money Abundance.
Erin Austin:Money manifestation journal and many more.
Erin Austin:There were pages of them, but they all had similar promises.
Erin Austin:Something like, are you ready to manifest abundance and attract
Erin Austin:financial prosperity into your life?
Erin Austin:Our digital journal is designed to help you do just that through powerful
Erin Austin:affirmations and visual techniques.
Erin Austin:Now, that was not what I was looking for, but sometimes you get what you
Erin Austin:need, which was confirmation that journaling as a way to achieve not
Erin Austin:just your personal goals, but goals for your business, is the way to.
Erin Austin:So today we're gonna talk about IP journals.
Erin Austin:So this episode is inspired by an amazing conversation I have with
Erin Austin:a woman who keeps an IP journal.
Erin Austin:Now, I wish I remembered exactly what she called it.
Erin Austin:She might have called it an IP journal, but that's what we're
Erin Austin:gonna call it cuz I like that.
Erin Austin:Anyway, so she is extremely prolific.
Erin Austin:She writes every day.
Erin Austin:for her business, for publication, for creating new ideas.
Erin Austin:And so she realized that she needed a process for cataloging
Erin Austin:all of her creations and her ideas.
Erin Austin:So what she does is that at the end of each workday, her shutdown
Erin Austin:habit is to make a record of all the work she created that day.
Erin Austin:And she puts it in her database, you tool of choice.
Erin Austin:I don't remember which one she uses, but this is so.
Erin Austin:Brilliant.
Erin Austin:by using an IP journal, you keep a running inventory and she's keeping a
Erin Austin:running inventory of her work, which is consistent with her business goal.
Erin Austin:And her goal is to make sure that her business is ready to sell.
Erin Austin:When she's ready to exit.
Erin Austin:Yes.
Erin Austin:That's why we have the conversation.
Erin Austin:So she is setting up her business for success in all
Erin Austin:stages of the hourly to exit.
Erin Austin:Now I hope you have a copy of the Hourly to Exit Journey Self-Assessment.
Erin Austin:If you don't have it, you can get one.
Erin Austin:We'll link to that in the show notes, or you can find it, on
Erin Austin:the website, think Beyond So the hourly to exit self-assessment
Erin Austin:tracks the characteristics.
Erin Austin:Your business at each of the four stages of building a business that is saleable.
Erin Austin:And if you don't know that, it's between saleable and sellable.
Erin Austin:Also, check out my website.
Erin Austin:I have lots of conversations about that there as well.
Erin Austin:So to create a saleable business, there are four steps on the way to, building
Erin Austin:a business that you can sell someday.
Erin Austin:The first step is unsustainable.
Erin Austin:Then sustainable, then scalable, and then finally saleable.
Erin Austin:So let's look at how IP journaling can help you move along this journey.
Erin Austin:First, unsustainable A business is unsustainable if it is not supported with
Erin Austin:basic assets and is insufficiently funded.
Erin Austin:The telltale sign that your business is unsustainable, if the only way you can
Erin Austin:make more money is to work more hours.
Erin Austin:The freelance model is almost always in this category.
Erin Austin:When you're freelancer, a hundred percent of the output is owned by the client.
Erin Austin:There are no assets in the business except hopefully a bank account,
Erin Austin:which sadly, some people don't even have separate bank accounts.
Erin Austin:When are freelancers with no assets, there is nothing to journal about.
Erin Austin:When you're at the sustainable stage, a sustainable business means the
Erin Austin:business can maintain its viability by using tools and techniques that
Erin Austin:allow for continual reuse or resources.
Erin Austin:Progressing to a sustainable level requires a development
Erin Austin:of one basic assets.
Erin Austin:This means things like templates and checklists.
Erin Austin:Two exclusivity here.
Erin Austin:You're starting to articulate your expertise and your niche.
Erin Austin:You're not just a generalist who does everything for everybody.
Erin Austin:Stability.
Erin Austin:That means you're taking your business seriously.
Erin Austin:You're using contracts and you have insurance.
Erin Austin:So an IP journal is the perfect starting point for building sustainability.
Erin Austin:When you're using your IP journal, you're documenting your processes
Erin Austin:for efficient, predictable delivery.
Erin Austin:You're recognizing patterns that lead to deeper expertise.
Erin Austin:You're identifying when a contract is needed for assets that you
Erin Austin:haven't created personally.
Erin Austin:And that is, by the way, anything that you haven't created personally,
Erin Austin:there should be a contract attached to that making note of anything
Erin Austin:that is owned by third parties.
Erin Austin:And another absolute is anything you get off the internet is pretty much.
Erin Austin:owned by somebody else.
Erin Austin:And so you wanna make note of those things as well.
Erin Austin:All these things go into your IP journal.
Erin Austin:So I love this excerpt from Blair Ends.
Erin Austin:Wonderful book, the Winning Without Pitching Manifesto, which
Erin Austin:I encourage all of you to read.
Erin Austin:So it really illustrates the power of an IP journal in this
Erin Austin:chapter called Formalizing How We Work, and it goes like this.
Erin Austin:One can reasonably assume that over time through trial and error, we will
Erin Austin:happen upon an efficient approach that allows us to deliver at quality
Erin Austin:and speed with consistency in almost any of our repeated endeavors.
Erin Austin:It is the strength of our processes that drives the consistency of our outcomes.
Erin Austin:If we want to build deep expertise, we must take pains to document how
Erin Austin:we work, to define how we will work in the future, and to continuously
Erin Austin:refine and improve our approach.
Erin Austin:Working from a defined process leads to the very consistency of quality
Erin Austin:that a potential client tries to discern late in the buying cycle.
Erin Austin:When our role is to reassure nothing, reassures a client more than him
Erin Austin:drawing the powerful inference, that little variability in process equals
Erin Austin:little variability in outcomes.
Erin Austin:Every one of the firms he's considering can demonstrate an ability great work.
Erin Austin:But the question he once answered before he buys is, how do I know
Erin Austin:I'm going to get their best work?
Erin Austin:When we are able to demonstrate strong processes, the client can decide for
Erin Austin:himself the implication of our processes and the consistency of our quality.
Erin Austin:So in some, when we are using IP journals to help us create our systems and our
Erin Austin:processes to create a more consistent outcome, to build deeper expertise.
Erin Austin:These are the things that help reduce the risk in the eye of the buyer.
Erin Austin:And we are small business solopreneurs or small entrepreneurs.
Erin Austin:reducing risk is an essential part of making that sale.
Erin Austin:And so that helps us create that sustainable business, by using our IP
Erin Austin:journals to help us document how we work.
Erin Austin:The next level is scalable.
Erin Austin:A scalable business means the business is a stable, profitable
Erin Austin:business that is providing predictable results for its clients.
Erin Austin:The key to scale is figuring out how to decouple your income from your time.
Erin Austin:In other words, we find leverage opportunities where the output is
Erin Austin:greater than your input, and we know.
Erin Austin:That's what a lever is.
Erin Austin:A lever magnifies our effort.
Erin Austin:So we give effort of X and we get a force of, two times x, And so we add leverage to
Erin Austin:our businesses through a number of ways.
Erin Austin:One, Through building a team that does not have to mean employees, that can
Erin Austin:also mean independent contractors.
Erin Austin:A lot of us start building a team by using virtual assistance,
Erin Austin:and so we can focus on.
Erin Austin:product development and client relations and delivery.
Erin Austin:Another key place for a lot of people will, add to their
Erin Austin:team is a bookkeeper as well.
Erin Austin:number two, exclusivity.
Erin Austin:We aren't just articulating our expertise, we are becoming the recognized expert.
Erin Austin:We are consistently publishing, and so it's not just our clients.
Erin Austin:Appreciate our expertise, but we are getting, recognized
Erin Austin:within our niche as an expert.
Erin Austin:And number three, stability.
Erin Austin:And we do that by using repeatable, trainable processes for our services
Erin Austin:delivery and our operations.
Erin Austin:So I have a handout called, is there a Rembrandt in Your Attic?
Erin Austin:You can get that on my website where I talk about a few leverage Strateg.
Erin Austin:That really make sense in our expertise based business.
Erin Austin:And there are, I see seven of 'em here.
Erin Austin:First delegation.
Erin Austin:So here you use employees who are less expensive than you because
Erin Austin:you are the most expensive asset in your business to deliver services.
Erin Austin:So there may be some part of, maybe onboarding or, maybe you're creating,
Erin Austin:some sort of graphic deliverables or things like that that you can
Erin Austin:use a less expensive employee to help you deliver the service.
Erin Austin:automation here using technology to aid delivery.
Erin Austin:a lot of people use automation as part of the onboarding process to make sure,
Erin Austin:clients get their agreements and they have a way to pay and that they do whatever,
Erin Austin:questionnaires that need to be filled out.
Erin Austin:So automation.
Erin Austin:Productization, customized services, very valuable, but there is a place for
Erin Austin:that productized service that can be sold and delivered very efficiently.
Erin Austin:Licensing, you know, I love to talk about licensing.
Erin Austin:Here you create an IP asset that can then be licensed to multiple parties.
Erin Austin:So you put in that effort at the front end to create the asset, and
Erin Austin:then the lever of licensing is that it can then be exploited by multiple
Erin Austin:parties teaching and or certification.
Erin Austin:Here, you're teaching other professionals to use your methodology
Erin Austin:to create, outcomes for their clients.
Erin Austin:outsourcing and, I distinguish this from delegation.
Erin Austin:I look at delegation as using employees, so that's internal versus outsourcing,
Erin Austin:which is using outside sources, such as subcontractors to deliver part
Erin Austin:of your service and subscriptions.
Erin Austin:Oh, there's actually eight subscriptions, which.
Erin Austin:know, selling subscriptions to your asset.
Erin Austin:Maybe you have a database, maybe you have some research that you've
Erin Austin:developed and that it would be of value to other people, and that you
Erin Austin:can sell subscriptions to that asset.
Erin Austin:And then the last one I have is selling access to your community.
Erin Austin:So if you have a very robust community, especially one that would.
Erin Austin:Valuable for a third party to have access to.
Erin Austin:You can sell access to it.
Erin Austin:I mean, the most, popular way people do that is through ad ads, but you
Erin Austin:don't wanna sell ads to your community.
Erin Austin:But things like, providing access to market researchers,
Erin Austin:could be of value as well.
Erin Austin:So that brings us to the final leg of the hourly to exit journey.
Erin Austin:Becoming saleable.
Erin Austin:So to be saleable, your business needs one revenue visibility.
Erin Austin:And so here, before we're talking about your clients, now
Erin Austin:we're talking about your buyer.
Erin Austin:When we're talking about sales, we're talking about sellers and buyers.
Erin Austin:So for your buyer to be interested in your business, they need revenue visibility.
Erin Austin:They need to be able to see that your financial projections make sense.
Erin Austin:you can say like, I think it's going to earn 1 million, 2
Erin Austin:million, 3 million, dollars in the future, or it's going to grow.
Erin Austin:This is the curve it's going to grow in.
Erin Austin:But revenue visibility means that there's something that supports that projection
Erin Austin:and, that they can feel comfortable.
Erin Austin:with it Exclusivity is the second one, which, intellectual property development,
Erin Austin:intellectual property is a legal monopoly.
Erin Austin:Doesn't get any more exclusive than a monopoly, so the only way anyone
Erin Austin:else can use your intellectual property is with your permission.
Erin Austin:And the other way you can get exclusivity is having an authority level positioning.
Erin Austin:That means you are at the top of the hill regarding whatever your niche or,
Erin Austin:your specialization is, that you are at the top of that heap and therefore,
Erin Austin:you have that exclusive positioning.
Erin Austin:And then third, the ability to withstand due diligence.
Erin Austin:can you support your revenue visibility or I should say, your projections?
Erin Austin:Can you support your positioning and your intellectual property status and
Erin Austin:so, while the IP journal is important through of the stages, of your development
Erin Austin:from sustainability to scalability, to scalability, it is particularly
Erin Austin:important in this due diligence stage.
Erin Austin:So for our purposes, due diligence means an investigation or audit
Erin Austin:of an acquisition target, which is undertaken by the prospective buyer.
Erin Austin:And the objective is to confirm the accuracy of the seller's
Erin Austin:information and appraise its value.
Erin Austin:So remember that a buyer is purchasing the future of your business, so it needs to be
Erin Austin:confident that your business will continue to flourish in its hands, so it doesn't
Erin Austin:wanna buy you and suddenly, employees jump ship and all the customers jump ship.
Erin Austin:It needs to know that it's the future of your business is solid,
Erin Austin:and that's what they're looking for in that due diligence process.
Erin Austin:So they're confirming that the financial projections are supported by the assets
Erin Austin:and the other structures and the business.
Erin Austin:gonna talk about seven areas that are typically audited
Erin Austin:during the due diligence process.
Erin Austin:Financial due diligence, which of course investigates the
Erin Austin:accuracy of the financial records.
Erin Austin:Human resources due diligence.
Erin Austin:This focuses on understanding the organizational structure, the compensation
Erin Austin:and benefits, and any possible violations.
Erin Austin:You know, of particular importance these days is making sure that, you're not
Erin Austin:treating employees like contractors.
Erin Austin:So if, they really should be appropriately categorized as
Erin Austin:employees, then we have a problem.
Erin Austin:If you're, you're paying them like contractors.
Erin Austin:Or treating 'em like contractors, operational due diligence, which,
Erin Austin:evaluates, technology, assets, facilities, assuming those things
Erin Austin:are important in your business.
Erin Austin:business due diligence, which seems broad, but it's really about the
Erin Austin:industry that you're in and your customers, so they can look at any
Erin Austin:risks associated with, the industry.
Erin Austin:What's happening in the industry.
Erin Austin:Is it a dying industry?
Erin Austin:And looking at your customers Also, are you serving a customer
Erin Austin:base that's a dying customer base.
Erin Austin:So they're gonna look at any of those risks there.
Erin Austin:Strategy.
Erin Austin:Due diligence.
Erin Austin:So will it fit in what they hope to achieve?
Erin Austin:What are their goals and objectives, and how does your
Erin Austin:business fit into achieving them?
Erin Austin:What are the potential synergies?
Erin Austin:How will they merge together?
Erin Austin:What does that look like?
Erin Austin:And.
Erin Austin:Legal due diligence, which is what most people think of, I think.
Erin Austin:And so that is to make sure that you are legally compliant and they wanna
Erin Austin:discover any potential legal issues.
Erin Austin:Nobody wants to buy a lawsuit.
Erin Austin:So in a world where IP is currency and the most valuable asset in your
Erin Austin:business is an intellectual property, it should be of no surprise that IP
Erin Austin:will be a factor in every one of.
Erin Austin:those six due diligence areas.
Erin Austin:So, your IP audit identifies what IP you own and what you use
Erin Austin:determines your usefulness or, it's important to your business.
Erin Austin:Is your IP enforceable?
Erin Austin:Does it conflict with any third party rights?
Erin Austin:And then these things will all funnel down into an IP valu.
Erin Austin:Now I wanna clarify that an IP audit is not just a legal due diligence issue.
Erin Austin:It's not just about contracts and whether or not your copyrights are registered
Erin Austin:or even your trademarks are registered.
Erin Austin:It is a holistic evaluation of your company.
Erin Austin:Is there a culture of protecting and maximizing the value of
Erin Austin:an intellectual property?
Erin Austin:So another benefit of your IP journal, it gives you a greater understanding
Erin Austin:of the assets in your business and it, even the relative value of those
Erin Austin:assets, assuming they're all IP assets, they're be relative value of them.
Erin Austin:So you can make sure that you.
Erin Austin:Are appropriately allocating resources to them.
Erin Austin:you wanna, allocate more resources to protecting, maybe a database
Erin Austin:or a client list than you do to protecting your trademark, which at
Erin Austin:the end of the day, you know, unless you're FedEx or Coca-Cola, there's
Erin Austin:always gonna be another trademark.
Erin Austin:I hate to say that, but.
Erin Austin:but the things that you've developed specifically that are providing value
Erin Austin:to your clients, those are the most valuable assets in your business.
Erin Austin:So buyers are looking at your business from a top-down approach, how you're
Erin Austin:protecting those assets, what kind of corporate policies you have, how are you
Erin Austin:training your, employees about, using technology not using unlicensed software.
Erin Austin:How are you handling copyrighted materials?
Erin Austin:Are you using contracts?
Erin Austin:What is your social media usage?
Erin Austin:things like reputation is a very valuable intangible asset.
Erin Austin:And of course you don't want to do things that can lead to data breaches.
Erin Austin:That's why all these things are so important.
Erin Austin:So it may sound a little bit complicated, but it can start
Erin Austin:simply with an IP journal.
Erin Austin:, and like a balanced checkbook, IP due diligence is easiest to do if
Erin Austin:you do it while it's happening.
Erin Austin:So it's, like, putting in your $25 into your investment account and the, interest
Erin Austin:grows and it grows over the years.
Erin Austin:So, doing your IP due diligence, creating your IP journal every day, you are.
Erin Austin:Developing that asset that will grow with your business and will
Erin Austin:help you grow your business.
Erin Austin:Since you are going to increasingly rely on intellectual property, all
Erin Austin:those leverage strategies we talked about earlier, including delegation and
Erin Austin:outsourcing, licensing, certification, all of those, those require ip, It's very hard
Erin Austin:to delegate when you have no processes.
Erin Austin:It's very hard to outsource if you're not appropriately using contracts,
Erin Austin:which will control the ownership of your intellectual property.
Erin Austin:All these things.
Erin Austin:when you're growing your business, you need to have that solid IP foundation.
Erin Austin:In order to have a growth strategy that is based on IP and where
Erin Austin:you're an expert, your growth will be based on intellectual property.
Erin Austin:And so I like to use the analogy of a house.
Erin Austin:And so growing your business is like adding another floor to your house.
Erin Austin:So the foundation that was good enough for your first floor may not be strong
Erin Austin:enough to hold your second floor.
Erin Austin:So even if you haven't been using it in an IP journal to date,
Erin Austin:perhaps this is the first thing I've ever heard of an IP journal.
Erin Austin:you haven't.
Erin Austin:It's okay because we start today, to make sure that as we're building
Erin Austin:our businesses, that we're growing our foundation along with it.
Erin Austin:So if you are, teaching others to do what you do, or you're creating some sort
Erin Austin:of, d i y product for your clients, what happens when you find out that someone
Erin Austin:took your class and now they're selling your materials for their own profit?
Erin Austin:Or worse, someone has a lawyer and they send you a seasoned assist claiming that
Erin Austin:your IP is actually theirs demanding an accounting and a share in your income.
Erin Austin:Preventing you from doing any other work with it until the matter is sorted out.
Erin Austin:These things happen all the time.
Erin Austin:unfortunately there are very few original ideas and everyone thinks
Erin Austin:their idea is original and then they see somebody else doing it.
Erin Austin:I don't, I can't even account the number of times people
Erin Austin:think, oh, that was my idea.
Erin Austin:so you wanna make sure you can protect yourself by whipping out your IP
Erin Austin:journal to demonstrate its origin.
Erin Austin:Now do not discount the value of registration.
Erin Austin:Registration is important, but most of us are not registering.
Erin Austin:All the IP we create, we're creating IP all day every day.
Erin Austin:You've heard me say it a million times.
Erin Austin:IP is everywhere.
Erin Austin:So that IP Journal provides the backup for the material that we don't register.
Erin Austin:The goal of your IP journaling practice.
Erin Austin:Actually pretty simple.
Erin Austin:It's to document all asset creation . Who
Erin Austin:when what and how Every day catalog the new content you create tracking.
Erin Austin:When it was created, who created it, what source materials, if any, were used.
Erin Austin:If you didn't create it, review the applicable contracts to make sure that
Erin Austin:you own or control the rights that you need to use the deliverables in all of
Erin Austin:the manners you can foresee, you know, and even some manners that you can foresee.
Erin Austin:You don't wanna incorporate some third party materials in your book
Erin Austin:that then limits you from, you know, it's going to expire someday.
Erin Austin:Or you wanna use it in some sort of training materials
Erin Austin:and you can't use it in that.
Erin Austin:So you wanna make sure that if you're using third party materials, that your
Erin Austin:rights to use them are sufficiently broad.
Erin Austin:There are terms in contracts and in licenses, know, non-exclusive
Erin Austin:license work made for hire.
Erin Austin:they're kind of scary, but they're not rocket science.
Erin Austin:I like to say the law is not rocket science.
Erin Austin:Let's be happy for that.
Erin Austin:and it's key to understanding these rights to make sure you understand that you
Erin Austin:have what you need to grow your business.
Erin Austin:And so whenever you're incorporating source materials that are owned by
Erin Austin:a third party, read the fine print.
Erin Austin:Cuz I will tell you that virtually every license agreement will
Erin Austin:have some restrictions in it that you need to comply with.
Erin Austin:So The challenge here is to maintain records of your ownership and other
Erin Austin:rights to use IP that flows through your company so that you can protect
Erin Austin:yourself as you scale your business and prepare it for an eventual sale.
Erin Austin:So I hope this episode has you thinking about.
Erin Austin:Something that you can do today to help prepare your business to scale.
Erin Austin:hint, IP Journal.
Erin Austin:And as we move through 2023, I will be raising additional
Erin Austin:topics for your consideration.
Erin Austin:But don't forget, always consult with an attorney about your specific situation.
Erin Austin:So if you think you have reached a point in your hour lead to exit
Erin Austin:journey where you wanna grow your business with ip, you can contact me.
Erin Austin:Let's find out more.