In this episode, Part 2 of 3, we dive into another edge case for licensing your expertise. What to do when you don't have a large enough audience to support a traditional licensing program? I use a real-life example to demonstrate how leveraging other people's audiences (OPA) can be a game changer for reaching a wider audience with your licensed materials.
Key takeaways from this episode:
- Understand the concept of leveraging other people's audiences (OPA) to amplify your reach and engage with new customers and clients who already trust the source they follow.
- Consider the benefits of a master license with an organization as an efficient way to reach a large group of potential licensees, minimizing the need for individual negotiations and monitoring.
- Explore the key provisions and considerations for a master license agreement, including defining licensed materials, grant of license, sublicensing rights, financial terms, intellectual property rights, and dispute resolution.
Listen to the full episode on the Hourly to Exit podcast to learn more about this unique approach to licensing your expertise and expanding your impact.
Connect with Erin to learn how to use intellectual property to increase your income and impact. hourlytoexit.com/podcast.
Erin's LinkedIn Page: https://www.linkedin.com/in/erinaustin/
Hourly to Exit is Sponsored By:
This week’s episode of Hourly to Exit is sponsored by the NDA Navigator. Non-disclosure agreements (NDAs) are the bedrock of protecting your business's confidential information. However, facing a constant stream of NDAs can be overwhelming, especially when time and budget constraints prevent you from seeking full legal review. That's where the NDA Navigator comes to your rescue. Designed specifically for entrepreneurs, consultants, and business owners with corporate clients, the NDA Navigator is your guide to understanding, negotiating, and implementing NDAs. Empower yourself with legal insights and practical tools when you don’t have the time or funds to invest in a full legal review. Get 20% off by using the coupon code “H2E”. You can find it at www.protectyourexpertise.com.
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, welcome to this week's episode
Erin Austin:of the hourly to exit podcast.
Erin Austin:This is the second episode in a three part series about licensing your expertise.
Erin Austin:Now the kickoff, not the first part, but the kickoff of
Erin Austin:talking about the licensing.
Erin Austin:We're going to talk about Was my interview with Pamela
Erin Austin:smart, which was an episode 84.
Erin Austin:If you've had not listened to that, please go back and give that one a listen,
Erin Austin:because it gives a great overview of the different types of licensing programs
Erin Austin:and certification programs, as well as the benefits and some of the challenges.
Erin Austin:And so just to summarize it very quickly, while there are many benefits, the
Erin Austin:traditional licensing or certification program is not for everyone.
Erin Austin:there are a number of reasons why that could be.
Erin Austin:It may be that your audience isn't large enough to make it profitable.
Erin Austin:It requires the development of infrastructure.
Erin Austin:And also you may not have like a fully.
Erin Austin:A fleshed process that you could license to a 3rd party for them
Erin Austin:to deliver your transformation.
Erin Austin:this series is talking about the edge cases, Pamela's episode that very
Erin Austin:much covers the traditional cases.
Erin Austin:My last episode, episode 85, I talked about when you provide bespoke custom
Erin Austin:services, how do you create a licensing, how you license bespoke custom services.
Erin Austin:And then this week I'm talking about another edge case.
Erin Austin:So here I'm going to talk about what if you don't have a large enough audience to
Erin Austin:support a traditional licensing program.
Erin Austin:So let's.
Erin Austin:Take you as an example.
Erin Austin:You are an expert with corporate clients.
Erin Austin:You have a service in high demand and you have neither the will nor
Erin Austin:the desire to work more or to hire additional experts in your business.
Erin Austin:However, you are confident that you can increase your impact and
Erin Austin:have more people benefit from the transformation that you provide.
Erin Austin:If.
Erin Austin:Other experts can use your materials and be trained to effectively
Erin Austin:deliver your material so they can get similar results for their clients.
Erin Austin:Currently, your marketing is focused where it should be on your corporate
Erin Austin:clients, where they hang out, the language that they use, you know what their pain
Erin Austin:points are, and this is especially true.
Erin Austin:If you have a well defined niche, which I hope you do, like, let's say
Erin Austin:you work with hospitals or banks or publishing companies, you have your
Erin Austin:specific market that, you know, and like, and who knows trusts and likes you.
Erin Austin:But if you were to create a new market of potential licensees,
Erin Austin:That's a whole new ball game.
Erin Austin:They're not a bunch of hospitals or a bunch of banks Republic, a
Erin Austin:bunch of publishing companies, like you are accustomed to talking to.
Erin Austin:So are you up to the challenge of creating an entirely new audience and
Erin Austin:a new marketing engine to support, promoting licensing to that new audience?
Erin Austin:Some of you may be, but I'm guessing that many of you are not, especially
Erin Austin:if you really love the work that you're currently doing and the
Erin Austin:clients that you're doing it with.
Erin Austin:Why, leave your love, your zone of genius to do something now.
Erin Austin:So what do you do in order to get your methodology out there?
Erin Austin:That is where other people's audiences come in.
Erin Austin:So I'll also refer to that as OPA.
Erin Austin:Some of you of a certain age may know OPP, but we're talking about OPA today.
Erin Austin:So.
Erin Austin:OPA means leveraging the audiences of others who can
Erin Austin:help you amplify your reach.
Erin Austin:you can engage with new customers and clients that are already engaged,
Erin Austin:gathered, and trust the source.
Erin Austin:that they follow or an organization that they belong to.
Erin Austin:So OPA can be particularly effective in several, scenarios, trust and credibility.
Erin Austin:The audiences have already have built in trust and credibility with the
Erin Austin:person or organization that they follow.
Erin Austin:When you gain access to this audience, you'll be able to piggyback on that
Erin Austin:trust, which can lead to higher engagement and conversion rates compared to cold
Erin Austin:outreach or marketing to a completely new audience, you have cost efficiency
Erin Austin:building an audience from scratch.
Erin Austin:It is time consuming and can be expensive by leveraging OPA.
Erin Austin:You can bypass some of these challenges, reaching a large engaged audience
Erin Austin:without the need for extensive marketing budgets or time investments.
Erin Austin:You have targeted reach the people or organization with established
Erin Austin:audience have usually done a significant amount of work to.
Erin Austin:Understand and cater to their followers, so their audience is
Erin Austin:already targeted and aligned with very specific interests and needs.
Erin Austin:And so when you access this other person's audience, that allows you
Erin Austin:to tap into that targeted, group very effectively and efficiently.
Erin Austin:And mutual benefits engaging with someone else's audience provides
Erin Austin:value, not just to you, but also to the host organization and their members.
Erin Austin:they are always looking for unique content, special offers, or access
Erin Austin:to exclusive access, in particular to products or services that
Erin Austin:genuinely Thank you interests or audience and provides more valuable.
Erin Austin:So no doubt you are familiar with OPA strategies, guesting on
Erin Austin:podcasts, posting on popular blogs, collaborations, which I've talked about,
Erin Austin:even tagging someone in social media is borrowing their audience as well.
Erin Austin:So these are all common OPA strategies to share your message
Erin Austin:directly To an established audience while also adding value, at
Erin Austin:least you should be adding value.
Erin Austin:The success of leveraging an OPA is finding the right partner,
Erin Austin:the partner who has audiences that are aligned with your offer.
Erin Austin:To create a win win scenario.
Erin Austin:So for our conversation today, I am going to use this example.
Erin Austin:You are the go to person for making websites accessible.
Erin Austin:Although the ADA, the American with Disabilities Act has required,
Erin Austin:and it's been implied that the ADA requires that websites are accessible.
Erin Austin:Are accessible to people with all sorts of abilities for many years.
Erin Austin:it is only recently that a number of lawsuits have gotten the
Erin Austin:attention of major corporations.
Erin Austin:And of course, it's starting to trickle down to everyone with the website.
Erin Austin:and so there is lots of demand.
Erin Austin:To, help people create, accessible websites at a reasonable cost
Erin Austin:and you have cracked that nut.
Erin Austin:So there is more demand that you can meet, and you don't want to work more
Erin Austin:and you don't want to hire more experts.
Erin Austin:So.
Erin Austin:Where do we start?
Erin Austin:We start with who your, hesitate to use the collaboration partners, having put the
Erin Austin:bug in your head that collaborations are, legal arrangements that involve copyright,
Erin Austin:but I'm going to use the, kind of, A common use of the word collaboration.
Erin Austin:These are just people that you work with, and that you partner
Erin Austin:with to, work with your clients.
Erin Austin:So if you have people that you are often working with, that's
Erin Austin:the place we want to start.
Erin Austin:Maybe you're invited into projects with marketing agencies who part of their
Erin Austin:services that they provide are creating websites, but they don't have that
Erin Austin:website accessibility expertise in house.
Erin Austin:So they often partner with you to help deliver the complete
Erin Austin:project to their clients.
Erin Austin:Also, you may be approached by D.
Erin Austin:E.
Erin Austin:I.
Erin Austin:consultants and they want to add that a for accessibility
Erin Austin:into their service offerings.
Erin Austin:And so they bring you in.
Erin Austin:So they can bring a complete suite of D.
Erin Austin:E.
Erin Austin:I.
Erin Austin:A.
Erin Austin:services.
Erin Austin:To their clients, and you believe that you can take your methodology, bundle it
Erin Austin:with some training and you could license that to web designers or marketing
Erin Austin:agencies that do websites, or you can bundle it with, DEA consulting agencies.
Erin Austin:And then they can bring in that expertise in house, you license it to
Erin Austin:them and they can bring it in house.
Erin Austin:So rather than creating an entirely new marketing machine for this new
Erin Austin:audience, which actually in this case, if you were to serve both the
Erin Austin:web designers and the DEI consultants would be two separate audiences and
Erin Austin:two separate marketing machines.
Erin Austin:Wouldn't it be much better to be able to reach the large group
Erin Austin:of them all at the same time.
Erin Austin:So that is where the OPA comes in.
Erin Austin:Where are web designers hanging out?
Erin Austin:Where do they get new skills?
Erin Austin:Where do they talk about the latest things?
Erin Austin:innovations and developments.
Erin Austin:Same with your DEI consultants.
Erin Austin:So let's look to the organizations and the networks where they are members.
Erin Austin:Organizations and networks with paid members are always looking for ways to
Erin Austin:provide more value to their membership.
Erin Austin:Not just by providing conferences and events, which are very valuable,
Erin Austin:but providing specific opportunities to acquire new skills to become
Erin Austin:more profitable opportunities that are not readily available outside
Erin Austin:of the membership that enhance the members credentials and marketability.
Erin Austin:They love exclusive access to cutting edge research or publications or insights.
Erin Austin:So for our example, I found a real life organization called webprofessionals.
Erin Austin:org.
Erin Austin:And it offers actually the largest number of certification programs
Erin Austin:I've ever seen for membership.
Erin Austin:I think there's easily a dozen different types of certifications you
Erin Austin:can get about different elements of.
Erin Austin:, webmasters, this is mostly webmasters and they talk about the benefits that you can
Erin Austin:get from their certification programs.
Erin Austin:So they describe individual benefits as being increasing your value
Erin Austin:and income, developing the skills necessary to be aware of issues and
Erin Austin:implement solutions in today's world.
Erin Austin:growingly complex computing environment, keeping up with ever changing technologies
Erin Austin:and differentiating themselves.
Erin Austin:So this would be a cool place to license your website accessibility
Erin Austin:compliance with ADA methodology.
Erin Austin:For a new certification program to web professionals.
Erin Austin:org.
Erin Austin:So how do you do this?
Erin Austin:You do this with a master license.
Erin Austin:So instead of individual licenses with each licensee, you have a
Erin Austin:master license with each licensee.
Erin Austin:The organization, which in this case would be the licensee and you give them
Erin Austin:permission to sub license the license materials, which we'll talk about
Erin Austin:in a second to sub licensees, which are the members of the organization.
Erin Austin:So the beauty of the master license with an organization is.
Erin Austin:It's efficiency.
Erin Austin:So instead of negotiating dozens or even hundreds of licenses, you
Erin Austin:have the one instead of tracking payments from many licensees that
Erin Austin:may be on different schedules and they have different license fees.
Erin Austin:You have the one.
Erin Austin:And instead of confirming compliance and auditing a bunch of different
Erin Austin:licensees, you have the one license agreement that you need to monitor.
Erin Austin:So yes, you may leave some money on the table.
Erin Austin:Maybe you could get more money doing what I'll call retail licenses
Erin Austin:with every single licensee versus a distributor master license.
Erin Austin:because you're going to lose something with the middleman, right?
Erin Austin:But think about how much easier your life is, how much less.
Erin Austin:Infrastructure you need to do that master license versus doing dozens
Erin Austin:or hundreds of individual licenses.
Erin Austin:So, we leave money on the table whenever we introduce a middleman, but there are
Erin Austin:some benefits that come along with it.
Erin Austin:What does the master license look like?
Erin Austin:Well, it is a complex legal agreement.
Erin Austin:So it's not a simple document because there's lots of elements we
Erin Austin:need to consider, but we do enter it, once or maybe in our example
Erin Austin:twice, and not dozens of times.
Erin Austin:So, it has to cover various legal, financial, and operational aspects
Erin Austin:to protect, all the parties involved.
Erin Austin:The key provisions.
Erin Austin:The definition of license materials, that's where we're always going
Erin Austin:to start our license agreement.
Erin Austin:And I had this conversation with my clients.
Erin Austin:What are the materials that will be licensed to the licensee?
Erin Austin:We need to clearly define what is required.
Erin Austin:For the licensee to create the same transformations that you provide with
Erin Austin:your clients, whether that's software, whether that's workbooks, whether
Erin Austin:that's facilitation guides, whether that's PowerPoints, maybe there's some
Erin Austin:3rd party materials in there, whatever it is, those need to be included.
Erin Austin:of course, making sure we own the rights to them, which is an.
Erin Austin:different podcast, but we're going to assume for our purposes that you have
Erin Austin:the rights to include these license materials in your master license.
Erin Austin:So, clearly define the license materials.
Erin Austin:And specify, what versions they would have access to.
Erin Austin:Maybe you have 1 version that's for.
Erin Austin:Public companies in a different version.
Erin Austin:That's for nonprofits.
Erin Austin:Maybe, maybe you have different languages.
Erin Austin:what would happen if you update it?
Erin Austin:Do they get access to the updated materials?
Erin Austin:What is excluded?
Erin Austin:Maybe there's some things that you only want to use internally, and you don't
Erin Austin:want to have part of your license.
Erin Austin:So those things are all going to be defined in your
Erin Austin:license material provision.
Erin Austin:the grant.
Erin Austin:Of license itself so that license is when we give permission to someone to
Erin Austin:use our materials that is the grant of license and there we define exactly
Erin Austin:what the extent of the permission is.
Erin Austin:is it an exclusive license?
Erin Austin:It hopefully, well, if you're still using those materials to serve your
Erin Austin:clients, it cannot be an exclusive license because you're going to also retain them.
Erin Austin:But maybe it is a sole license, so you're retaining the right to use it and they're
Erin Austin:the only licensed party to use it.
Erin Austin:Or it could be non-exclusive, in the event you wanna license to,
Erin Austin:Professionals dot org and then you also want to license it
Erin Austin:to a, consulting organization.
Erin Austin:That would be a non exclusive license because you have more
Erin Austin:than 1 license out there and what purpose they can use it for.
Erin Austin:It would be restricted.
Erin Austin:You can only use it.
Erin Austin:with your membership, whatever restrictions would be there,
Erin Austin:you might want to restrict where in the world they can use it.
Erin Austin:Maybe you have one where they can only use it in the U S and maybe
Erin Austin:there'd be a separate license for web professionals in Europe.
Erin Austin:Another major provision obviously would be the sub licensing rights.
Erin Austin:What are the Parameters around their ability to sub license
Erin Austin:your license to their members.
Erin Austin:You'd want to put any conditions or limitations in there.
Erin Austin:Maybe there's some approval requirements.
Erin Austin:If we go back to the web professionals.
Erin Austin:org, maybe you only want people who have an advanced level of
Erin Austin:certification to be able to add this on.
Erin Austin:Maybe there's different levels of membership, so they can only do it with
Erin Austin:their premium members and not with their.
Erin Austin:basic members, and then what their responsibilities are to
Erin Austin:monitor the sub licensees use.
Erin Austin:So all those things would go into your sub license provision.
Erin Austin:Of course, you're going to have your financial terms in
Erin Austin:there where we are doing this.
Erin Austin:An exchange for a license fee, what will the structure of that license fee be?
Erin Austin:Will it be just an annual flat fee?
Erin Austin:You know, it's a hundred thousand dollars a year, whatever it is per year.
Erin Austin:and then they get to use it.
Erin Austin:Is it royalties?
Erin Austin:So they you get paid per licensee.
Erin Austin:So every time they license it, then they have to pay you some portion of that.
Erin Austin:or is it based on, the number of times that.
Erin Austin:a license is used that's considered royalties.
Erin Austin:So you'd have to define what that license fee looks like, how often it will be paid.
Erin Austin:Maybe it is an annual license, but it's paid monthly or quarterly.
Erin Austin:So all those things would go into your financial, uh, provision as well as
Erin Austin:any reporting and auditing provisions, reporting and auditing is very simple.
Erin Austin:If it's just a flat annual license fee, and then they can sub license
Erin Austin:it as much as they want to that's obviously much simpler than
Erin Austin:if they have to report to you.
Erin Austin:We have this number of sub licensees, and this is the revenue that we
Erin Austin:got and this is our revenue split.
Erin Austin:Well, then you need to have reporting and auditing to go with something like that.
Erin Austin:Intellectual property rights, of course, so confirmation that you retain
Erin Austin:ownership and all the license materials.
Erin Austin:And this is just a license.
Erin Austin:And also, what happens if there are some improvements?
Erin Austin:Let's say, you license it to the web professionals dot org and then go.
Erin Austin:We like to have this type of, uh, format for all of our programs.
Erin Austin:So we want to take materials and put it in our format.
Erin Austin:And how does that affect the ownership of the rights?
Erin Austin:And maybe the DEI consultants organization thinks it would be more.
Erin Austin:valuable to their membership.
Erin Austin:If you tweaked it in this way, what happens with the
Erin Austin:ownership of those things?
Erin Austin:So we want to make sure that those things are not left to chance.
Erin Austin:And that that's very clearly spelled out what happens with any modifications,
Erin Austin:what happens at the end of the term, if it's an annual license and they
Erin Austin:don't renew, how do you make sure that they aren't continuing to use your
Erin Austin:materials, specifically state, you know, what If there is some sort of
Erin Austin:breach, they're just giving it away in some way, and you don't like it.
Erin Austin:How do you terminate in the middle of the term after you
Erin Austin:have accepted their license fee?
Erin Austin:Like, what will happen in those circumstances and what
Erin Austin:the obligations will be?
Erin Austin:in the years to follow termination and that brings us to dispute resolution, if
Erin Austin:there is an issue, do you want to, require some sort of mediation or arbitration
Erin Austin:before, a lawsuit can be filed.
Erin Austin:So, this is just a very high level overview of what a master license
Erin Austin:is, but I do, I did want to.
Erin Austin:Kind of, introduce the concept to you, because I know everyone I talked
Erin Austin:to, frankly, thinks that licensing is kind of going out into the market
Erin Austin:1 on 1 to get licensees or do that certification program directly with the.
Erin Austin:the licensees and that can be pretty overwhelming for a lot of people, the
Erin Austin:idea of putting all the infrastructure in place, putting, all the auditing
Erin Austin:in place, negotiating agreements with everyone that can be a lot.
Erin Austin:It's not a simple process.
Erin Austin:And so, this is another way to think about getting the transformation that
Erin Austin:you provide out there into the world in the hands of more experts without you
Erin Austin:having to do all of the work yourself.
Erin Austin:So if you have any questions about that, I will welcome them and
Erin Austin:thank you again for joining me.
Erin Austin:And so, we'll have another, Edge use case for licensing next episode,
Erin Austin:where we will talk about what to do.
Erin Austin:If many of your materials are licensed from a third party, does that mean that
Erin Austin:you can't have a licensing program?
Erin Austin:So we will talk about that next time.
Erin Austin:Thanks for joining.
Erin Austin:Bye guys.