Artwork for podcast Hourly to Exit
E85: Licensing Part 1: How to License Your Expertise When You Provide Bespoke Custom Services
Episode 8519th March 2024 • Hourly to Exit • Erin Austin
00:00:00 00:23:17

Share Episode

Shownotes

Are you a high-value service provider looking to leverage your expertise without a traditional licensing or certification program? Tune in to the latest episode of Hourly to Exit, where we explore innovative ways to create leverage in your business through licensing.

In this episode, we dive deep into the concept of licensing bespoke custom services, drawing inspiration from the origins of Microsoft and the shift from ownership to access in today's economy. I share examples and insights on how you can apply the principles of licensing to your unique service offerings, paving the way for new opportunities and revenue streams.

Key Takeaways:

  1. Understand the Value: Clients seek results, not just deliverables. Learn to focus on the benefits and outcomes of your custom solutions rather than just the inputs. Value-based pricing can be a powerful tool in this context, allowing you to align your pricing with the transformative impact of your services.
  2. Licensing Solutions: Explore the possibility of licensing custom solutions to clients instead of selling deliverables. This approach can create a win-win scenario where clients gain access to the solution they need, and you build a valuable IP library for future use. It's about offering access to transformative solutions rather than transferring ownership of specific deliverables.
  3. Incorporating Licensing: Even if your services involve clients' proprietary information, there may still be opportunities to retain and license certain portions of your work. By identifying non-client-specific research or solutions, you can expand your revenue potential through licensing. This approach not only retains your valuable insights and work but also enables you to create additional income streams.

Tune in to the full episode for more in-depth insights and practical examples on how to integrate licensing into your bespoke service offerings. As always, I look forward to your thoughts and questions as we continue to explore new horizons in business leveraging. Happy listening!

Mentioned in this Episode:

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

Transcripts

Erin Austin:

Hello, ladies.

Erin Austin:

Welcome to this week's episode of hourly to exit.

Erin Austin:

this is the first in a three part series about licensing your expertise.

Erin Austin:

So it follows a wonderful interview that I had in episode 84 with Pamela Slim.

Erin Austin:

So Pam's agency specializes in the design and development of

Erin Austin:

certification and licensing programs.

Erin Austin:

So if you go back and listen to that one, if you haven't already, it gives a

Erin Austin:

great overview and the different types.

Erin Austin:

Of licensing and certification programs for you to consider the

Erin Austin:

challenges and opportunities and some of the minimum requirements.

Erin Austin:

when you go back and listen to that, you will see that as much as

Erin Austin:

we, love talking about licensing, you know, I love talking about it.

Erin Austin:

the traditional licensing and certification program is not for Everyone.

Erin Austin:

So for instance, you may not have the right audience to do a licensing program.

Erin Austin:

You may not, want to maintain the infrastructure.

Erin Austin:

It's not a one and done.

Erin Austin:

You have to, make sure you're tracking all of these things,

Erin Austin:

getting paid for them, making sure that the materials stay up to date.

Erin Austin:

or you may not have a fully fleshed out process, If you're going to

Erin Austin:

license something for somebody else to deliver your expertise, you need to

Erin Austin:

really have that very well codified.

Erin Austin:

That's something that Pam talks a lot about as well in that episode.

Erin Austin:

So there's a number of reasons why a traditional licensing

Erin Austin:

or certification program.

Erin Austin:

Isn't for you.

Erin Austin:

So this series is going to talk about some edge cases where we can still

Erin Austin:

take advantage of creating leverage in our businesses through licensing.

Erin Austin:

Even if it isn't through what we may see, on the interwebs about, what a

Erin Austin:

certification or licensing program is.

Erin Austin:

this week I'm going to talk about licensing when you

Erin Austin:

provide bespoke custom services.

Erin Austin:

So we've already determined that because of the nature of your

Erin Austin:

services, that traditional licensing or program doesn't make sense.

Erin Austin:

your clients demand a custom solution that is specific to their needs.

Erin Austin:

They don't want something off the shelf and you Get paid the big bucks

Erin Austin:

to do that, and you enjoy it as well.

Erin Austin:

instead of changing what you do, which is to provide those high volume custom

Erin Austin:

services, we're not changing what you do.

Erin Austin:

Instead, we're going to change how you sell what you do.

Erin Austin:

So what does that mean?

Erin Austin:

I'm going to start with an example.

Erin Austin:

That involves Microsoft.

Erin Austin:

And so this is something I did not know about the origin of Microsoft

Erin Austin:

until I read it in the book.

Erin Austin:

Good strategy, bad strategy by Richard Ramelt.

Erin Austin:

And so he tells the story about how Microsoft came to

Erin Austin:

be the behemoth that it is.

Erin Austin:

So I'm just reading an excerpt here.

Erin Austin:

Oh, by the way, I think I need to preface this that it was work for IBM.

Erin Austin:

That is the beginning of Microsoft as we know it.

Erin Austin:

So this reference to the largest computer company in the

Erin Austin:

world is a reference to IBM.

Erin Austin:

All right, here we go.

Erin Austin:

When the largest computer company in the world comes knocking at your door

Erin Austin:

in 1980, asking if you can provide an operating system for a new personal

Erin Austin:

computer, you say, yes, we can.

Erin Austin:

And be sure to insist as Bill Gates did in 1980, that after they pay you

Erin Austin:

for the software, the contract permits you to sell it to third parties.

Erin Austin:

You might just become the richest person in the world.

Erin Austin:

Now, the way that is written isn't quite.

Erin Austin:

Accurate.

Erin Austin:

It wasn't that IBM owned it and they got to sell it.

Erin Austin:

You can't keep selling the same thing.

Erin Austin:

What you can do is you can keep licensing the same thing,

Erin Austin:

assuming you retain ownership.

Erin Austin:

So what happened in the Microsoft IBM relationship is that although it

Erin Austin:

was custom, I mean, There is a new personal computer create a operating

Erin Austin:

system for my, personal computer.

Erin Austin:

it was commissioned by IBM.

Erin Austin:

but instead of having that typical language that we see in client agreements,

Erin Austin:

that the client owns 100 percent of the deliverables, as a work for hire

Erin Austin:

instead, Microsoft retained the rights in was then, I think it was called

Erin Austin:

the IBM DOS, but became the PC DOS.

Erin Austin:

They retained the rights in it and they could then license it

Erin Austin:

to other hardware providers.

Erin Austin:

At the time, hardware was king and so IBM obviously undervalued the software.

Erin Austin:

But the point is, What IBM needed, the solution that IBM needed was a operating

Erin Austin:

system and they got the operating system.

Erin Austin:

So there is an example of a custom commission deliverable where you

Erin Austin:

retain the rights and then are able to license it to other clients.

Erin Austin:

Imagine that seems kind of impossible to you.

Erin Austin:

I mean, lightning only strikes.

Erin Austin:

Well, it does strike more than once, but what's the

Erin Austin:

likelihood of it happening again?

Erin Austin:

But I want you to consider where we are now as an economy.

Erin Austin:

there's been a shift from ownership to access generally in businesses.

Erin Austin:

There was a time when you always had your own server, and now

Erin Austin:

many things are in the cloud.

Erin Austin:

There was a time when all of your platforms that you ran your

Erin Austin:

business on were custom developed, and now people are using SASSes.

Erin Austin:

Even the largest corporations are using SASS.

Erin Austin:

in our personal lives, Uber and Lyft instead of owning a car,

Erin Austin:

and of course, why buy the dress when you can rent the runway.

Erin Austin:

So there is generally a movement towards access as a way from

Erin Austin:

ownership and obviously in a digital world that makes it even easier.

Erin Austin:

You back when, You received your software on a disk, so you owned it.

Erin Austin:

It it's different than now when you can just access it.

Erin Austin:

So there's lots of ways where we can look at what's happened

Erin Austin:

in the last 40 years, 44 years.

Erin Austin:

So that would encourage more access versus ownership.

Erin Austin:

when I talk about, know, SAS and, renting dresses instead of buying them,

Erin Austin:

I know that they aren't, you the bespoke professional services that you provide.

Erin Austin:

But I want to look at two cases where we can have bespoke

Erin Austin:

services, but still apply.

Erin Austin:

The Microsoft lesson to what we're doing today.

Erin Austin:

So the first scenario is when we license a custom solution to the client instead

Erin Austin:

of selling deliverables to the client.

Erin Austin:

As you know, every marketing and business coach will tell you

Erin Austin:

your clients want a solution.

Erin Austin:

They want results.

Erin Austin:

They don't want deliverables.

Erin Austin:

They don't want inputs.

Erin Austin:

When you're creating a proposal, you're talking about the benefits, not about,

Erin Austin:

your certifications and, you've got a degree from here and there, but it's

Erin Austin:

that they're going to have this great result if they work from with you.

Erin Austin:

I'm going to do a super shallow dive into value based pricing

Erin Austin:

just because I think it creates a nice analogy to this structure.

Erin Austin:

and again, it's very shallow.

Erin Austin:

We love value based pricing.

Erin Austin:

Do the deep dive, go to Jonathan Stark or Alan Weiss for the deep dive.

Erin Austin:

but I'm going to just use a few analogies as we talk about this

Erin Austin:

type of, licensing scenario.

Erin Austin:

So when we are creating a proposal for our custom services, you know, the

Erin Austin:

first thing we need to do is understand what our clients objectives are.

Erin Austin:

Jonathan Stark talks about the why conversation to make sure you

Erin Austin:

understand what the client actually needs versus what the client wants.

Erin Austin:

Similarly, Alan Weiss talks about the questions for

Erin Austin:

establishing business objectives.

Erin Austin:

These are, what would you like to accomplish?

Erin Austin:

What would be the difference in your organization?

Erin Austin:

If you're successful, what aspects of your business are keeping you up at night?

Erin Austin:

If you had set priorities now, what three things must be accomplished?

Erin Austin:

So to further quote, Alan Weiss.

Erin Austin:

Self-interest is most affected by results, not tasks, outputs, not input.

Erin Austin:

That is why deliverables are only a commodity that will be

Erin Austin:

comparison-shopped by most buyers.

Erin Austin:

A report, a training session, a coaching regimen, these are simply tasks.

Erin Austin:

performed, but improved morale, faster customer responsiveness, and

Erin Austin:

more effective leadership are highly valuable organizational outputs.

Erin Austin:

That is what your clients pay you for.

Erin Austin:

So the fee should be based on future improvement, not on past technique.

Erin Austin:

So some of the things that your clients desired future state, are

Erin Austin:

higher productivity, lower attrition, improved image, greater market

Erin Austin:

share, greater profit, happier customers, you get the drift.

Erin Austin:

So let's take a more specific example.

Erin Austin:

You have a client, their cost of acquisition is three

Erin Austin:

times the industry average.

Erin Austin:

Obviously, greatly affecting their profitability.

Erin Austin:

You've gone through your Y conversations and done your assessment.

Erin Austin:

And you can see that their off boarding process is the problem that it is not

Erin Austin:

set up to encourage upsells to get repeat business and to encourage referrals.

Erin Austin:

So what will your proposal look like?

Erin Austin:

Will your proposal look like, okay, I'm going to, do some training sessions

Erin Austin:

and I'm gonna leave you some reports.

Erin Austin:

or is your proposal going to say, I am going to, increase upsells,

Erin Austin:

by this repeat business by that referrals by the other, that is.

Erin Austin:

What you are selling them.

Erin Austin:

And so instead of selling the deliverables, instead, you're going

Erin Austin:

to sell them access to the custom solution that you create for this

Erin Austin:

client to get those upsells, get that repeat business, get those referrals.

Erin Austin:

So you have created it in response to their specific circumstance.

Erin Austin:

But once you have the solution in place.

Erin Austin:

Do they need to own it to get the solution to get the desired outcome?

Erin Austin:

Or do they just need access to it to get the desired outcome?

Erin Austin:

as with the value based proposal, You can present these options to your client of

Erin Austin:

how they want to get the desired outcome.

Erin Austin:

If there is no actual value, and I mean, not kind of default value,

Erin Austin:

I'll call it default value of owning anything of everything.

Erin Austin:

But there isn't an actual value in owning the solution.

Erin Austin:

If the client can.

Erin Austin:

Get 100 percent of the transformation that you have promised by getting

Erin Austin:

access to it, then this is a possible place to have a license.

Erin Austin:

So, here you have the win win.

Erin Austin:

The client only pays for the rights to the solution that it needs.

Erin Austin:

and you get to build a valuable IP library of solutions that you've provided that you

Erin Austin:

can use for other clients in the future.

Erin Austin:

Now it's obviously the client will be very concerned about Making

Erin Austin:

sure they have access to it.

Erin Austin:

So that is where your license agreement comes in.

Erin Austin:

You have that license agreement that clearly states you have a non exclusive,

Erin Austin:

of course, perpetual worldwide license, irrevocable license to use the solution.

Erin Austin:

That they can create derivatives from it.

Erin Austin:

They don't want to worry about if they want to change something later that

Erin Austin:

they have to come back to you that they can use it with other subsidiaries.

Erin Austin:

They don't want to have to worry about it.

Erin Austin:

If they acquire a company, they have to come back to you.

Erin Austin:

So you give them.

Erin Austin:

This is one of those instances where.

Erin Austin:

you want that license to be as broad as possible so that the client

Erin Austin:

can do the same things with that license solution that they could do

Erin Austin:

with the own solution, except that they would have it non exclusively.

Erin Austin:

I will put in the show notes because I'm not going to think off the top of my head.

Erin Austin:

I did a LinkedIn live where I talk about.

Erin Austin:

Um, Downside of a very broad license, in your preexisting

Erin Austin:

materials to your clients.

Erin Austin:

but in this instance, because you have created it and they paid for

Erin Austin:

the development of the solution, it is appropriate for to be broader.

Erin Austin:

So I know that's a lot to digest.

Erin Austin:

I'm gonna keep this one short cause I know there's a lot to digest in this episode.

Erin Austin:

But the point here is that we need to help the client understand what their

Erin Austin:

needs are versus what their knee jerk wants are, and that they can get the

Erin Austin:

entirety of the transformation with a license and that they're not going

Erin Austin:

to run into problems in the future.

Erin Austin:

then that can be a great option.

Erin Austin:

That is a win win for you and your client.

Erin Austin:

So, this Solution is not going to work for every single service.

Erin Austin:

If you provide highly creative services, let's say you are an advertising agency

Erin Austin:

and you write, advertisements for your clients, the client is going to be the

Erin Austin:

only person who has access to that, right?

Erin Austin:

They're going to want to own it and they're not going to want

Erin Austin:

anyone else to be able to use it.

Erin Austin:

However, if we provide transformation to our clients, then that Is a

Erin Austin:

different matter, I mean, we could say that the ad agencies, maybe.

Erin Austin:

And I don't know, because I don't know that agencies, but maybe what they are.

Erin Austin:

actually providing their clients are just deliverables.

Erin Austin:

I don't know if they actually promise transformations.

Erin Austin:

They just promise a really cool, slick ad campaign.

Erin Austin:

And maybe it works, maybe it doesn't, maybe it tanks your

Erin Austin:

stock price in some circumstances.

Erin Austin:

so that is a very deliverables based Business and so if you

Erin Austin:

have a very deliverables based business, it might be problematic.

Erin Austin:

But if you have a solutions based business, then this is

Erin Austin:

a possible option for you.

Erin Austin:

All right.

Erin Austin:

Now, let's look at another scenario.

Erin Austin:

Let's say that you.

Erin Austin:

Do you have solutions that incorporate the client's proprietary information?

Erin Austin:

So I'd like to share an example from a participant in one of my workshops.

Erin Austin:

So she is a futurist and she provides very sophisticated analysis of what state

Erin Austin:

of the world will be in 10 to 15 years.

Erin Austin:

To pharmaceutical companies because they have very long

Erin Austin:

research and development cycles.

Erin Austin:

So to paraphrase Wayne Gretzky, the pharmaceutical company wants

Erin Austin:

to skate to where the puck is going to be and not where it is today.

Erin Austin:

So she receives from her clients, very valuable, confidential,

Erin Austin:

proprietary information that she can use to, decide what to do.

Erin Austin:

What direction she needs to research.

Erin Austin:

So, she would know she's doing the research because they're looking at,

Erin Austin:

what type of joints people want in the future or what type of, a diabetes

Erin Austin:

medication you'll need in the future.

Erin Austin:

And so she will know proprietary information.

Erin Austin:

obviously.

Erin Austin:

Yeah.

Erin Austin:

The client will continue to own that proprietary information, and she will not

Erin Austin:

be able to use it with any other clients.

Erin Austin:

However, a lot of that research would not be proprietary to the client.

Erin Austin:

For instance, if.

Erin Austin:

She is giving a report on what the climate will look like in 10 to 15

Erin Austin:

years, what the geopolitical forces will be, what immigration patterns will be.

Erin Austin:

That is not specific to the client.

Erin Austin:

It does not involve any of the clients proprietary information.

Erin Austin:

even though the only reason she researched an area, I have this example here that

Erin Austin:

I made up that, if she researched, the likelihood of a unified Ireland

Erin Austin:

in 15 years, and the only reason she looked at that is because the client

Erin Austin:

asked about it because they have something that they're planning to do

Erin Austin:

with Ireland that makes more sense if it's unified than if it's not unified.

Erin Austin:

But even though that is commissioned research, because the only reason she

Erin Austin:

did it was at the client's request, the results are not specific to the client.

Erin Austin:

So, rather than assigning all of the rights in that research to the client.

Erin Austin:

She would license that portion of the research that's not specific

Erin Austin:

to the client, does not utilize the client's proprietary information.

Erin Austin:

They would get a license to that part of the research.

Erin Austin:

So, now she retains that research, that she's done about,

Erin Austin:

the likelihood of Republic of Ireland and North Ireland uniting?

Erin Austin:

In the future, she retains that she can license it, another client comes

Erin Austin:

along and like, Hey, that we want to find out about United Ireland.

Erin Austin:

she can pull that out.

Erin Austin:

take, she's not selling deliverables.

Erin Austin:

So that doesn't change the cost or the value to the client of that research.

Erin Austin:

but she does not have to do the research over again, therefore

Erin Austin:

increasing her profits also.

Erin Austin:

Maybe over time, over the course of several years, she would have created a

Erin Austin:

database of research that she can then license by subscription to other companies

Erin Austin:

that would not be able to afford her very high six figure, six figure database.

Erin Austin:

fees.

Erin Austin:

And so there's a number of ways that even when you are providing

Erin Austin:

value commissioned services to still incorporate licensing into your business.

Erin Austin:

So that is all I'm going to ask you to chew on for today, but I really want

Erin Austin:

you to use this as a spark to help you think about how, even though you

Erin Austin:

have very highly customized, services, how you can incorporate, licensing.

Erin Austin:

So take this, some time to look back at maybe the last, , half dozen clients that

Erin Austin:

you worked with, were there opportunities in there for you to retain rights

Erin Austin:

in some or all of those deliverables that you would then be able to use.

Erin Austin:

In future engagements, things that were the client would get 100 percent of the

Erin Austin:

transformation, whether they own the solution or were licensed perpetual non

Erin Austin:

exclusive rights to use those solution.

Erin Austin:

Or if there are parts of the deliverables the do not involve clients,

Erin Austin:

proprietary information, and that could be of use to others in the future.

Erin Austin:

I welcome your questions about this.

Erin Austin:

I know this was a lot to wrap your head around.

Erin Austin:

I welcome your questions and your comments as my thoughts about

Erin Austin:

this also continue to evolve.

Erin Austin:

Thanks again.

Erin Austin:

See you next time.

Video

More from YouTube