PROTECTING YOUR WORK
If you work in a creative field, it’s crucial you have at least a basic understanding of intellectual property rights – mostly for the sake of protecting your own work, but also to ensure you don’t unintentionally land yourself in a sticky situation by infringing on that of others. While social media and the Internet have made it easier than ever to share your work publicly, they also make it far easier for you to lose track of it – and for other people to help themselves to the fruits of your labour. As a creative, your ideas and output are your greatest assets, so it’s vital you take the necessary measures to avoid being exploited, misled, or just outright ripped off.
KNOW YOUR RIGHTS
While trademarks and copyrights both provide protection for intellectual property, they do so in fairly different ways. Trademarks generally cover names, taglines, logos, or any other unique entity that might distinguish your brand from that of another company. Copyrights protect original creative works (e.g. written work, music, photographs, etc.) and give the creator of the work in question the right to determine how and by whom their work is used by other people, if at all.
STAKE YOUR CLAIM
If you’ve decided to set up a brand or business, your very first step should be to register your brand name and/or logo as a trademark. By registering a trademark with the Intellectual Property Office (UK), European Union Intellectual Property Office (EU), or the United States Patent and Trademark Office (USA), you’re effectively documenting your ownership of the entity in question under the law – meaning that if someone does rip you off or infringe on your trademark, it’s far easier to defend your right to it. It’s also worth making ownership of any work you create crystal clear by marking it with the copyright symbol ©, your name and the year of creation – what’s known as a copyright notice. While the UK doesn’t have a formal copyright register, if you’re US-based you can formally copyright your work via the US Copyright Office, which gives you an added layer of legal protection in the event of someone trying to copy or steal your work (although your work will still be under copyright even without this formal registration).
GET A CONTRACT
When it comes to protecting your rights, having a contract that clearly outlines the terms under which you’re operating is crucial. Clauses to look out for include:
Work for hire
IP (intellectual property) can be a hugely valuable asset, and while you should generally endeavour to retain rights to the work you produce, it’s also very common for creatives to be asked to produce ‘work for hire’ (i.e. work where your client will automatically own the IP in question). Common though it may be, if clients are asking you to sign over ownership of the work you create, as opposed to merely licensing it from you, you’re perfectly within your rights to use that as a bargaining chip to charge them more. Either way, any contract you sign should always clearly specify who’s going to retain ownership of intellectual property rights over the completed work.
Indemnity clauses
While indemnity clauses are fairly standard practice, be sure to check they’re not overly broad or punitive in scope.
Work product
Is the work you generate along the way yours to keep once the project has concluded? For example, if you create six concepts for an eventual final selection of one, are the other five ideas you developed along the way yours to repurpose as you like (e.g. for a future client), or does your client retain ownership of those as well? Get clear on this upfront to avoid any unpleasant surprises further down the line.
Similarly if you’re a company employee, usually the IP for work you create automatically belongs to your employer. When signing an employee contract, be extremely clear on what it means for your ability to use, monetize or share the work you create while under contract once you’ve left the company in question. Particularly if you’re a content creator or working within media, think carefully about whether the trade-off of a bigger platform and better resources in exchange for ownership of your creative ideas is one you’re happy making.
If you’re feeling unsure about an intellectual property issue or the terms of a contract, your best bet is to get professional help and talk to an IP lawyer. Some of the most costly legal battles within business are fought over the ownership of intellectual property (Louboutin vs YSL anyone?), and even if you feel like you’re too small-time to have to think about this, you never know how big your ideas will become. The effects of decisions regarding intellectual property can be far-reaching and come into play in unexpected ways long after you’ve made them, so get protected. If you’re UK-based, the Institute of Trademark Attorneys (ITMA) offers free resources and legal advice clinics for anyone grappling with the process of registering a trademark, as does the British Library Business & IP Centre.
GETTING AN AGENT
From landing you more prestigious gigs to boosting your profile, as a creative getting an agent can very often help take your career to the next level. At its most basic, an agent’s role is to help you manage the financial and commercial aspects of your work – negotiating contracts and fees on your behalf, and ensuring you’re fairly compensated for your work. In general, having an agent will probably also help you get more work, as they’ll likely have a network of industry contacts and insider knowledge that can lead to opportunities you’d probably find hard to come by on your own. The very best agents may well be instrumental in helping you develop your talent and career, pointing you in the direction of good opportunities and steering you away from the bad. If you’re in the market for an agent, make sure you shop around and meet a couple of different people before committing to a particular person or agency, so you have a decent frame of reference. More so than most, this is a working relationship that relies on a good personality fit – you should feel that the person you sign with has a clear and instinctive understanding of your work, your goals and your tastes.
Chapter 7
BACK TO SCHOOL
HOW AND WHY TO LEARN NEW SKILLS
‘You must feed your mind with reading material, thoughts, and ideas that open you to new possibilities.’
– Oprah Winfrey, media mogul
Learning new skills doesn’t have to stop once you’ve left school or university. In an ideal world, your chosen career and workplace will be environments in which you’re constantly developing and learning new things, but sometimes more structured learning can be beneficial, too. Whether you’ve got something in particular in mind, or just want a bit of inspiration, here’s the how, the why and the where.
WHY DO IT?
Adding an extra string to your bow makes you more employable and can seriously improve your salary prospects. When your creative output is also your source of income, it can be easy to limit yourself to a specific field – the one that pays the bills. Yet experimenting with new ideas can give you fresh perspectives that actually enhance your main craft, as discussed in Chapter 2.
Being self-sufficient
Picking up new skills can save you money in the long run: taking a basic Photoshop or InDesign course, for example, means you can do basic design work yourself instead of paying someone else to do it for you.
Health benefits
Learning new things keeps your brain sharp, and actually makes it easier for your brain to pick up new concepts and skills in the future. Plus, there’s the sense of achievement you’ll get from stepping out of your comfort zone and pushing yourself a little.
Career clarity
Learning a new skill can give you a clearer sense of professional purpose by exposing you to areas you hadn’t considered before – it’s not unusual for adult learning classes to prompt career changes. If you’re curious about an area, dipping your toe in the pool via a short course is a great way of giving it a test run. You never know when your newly acquired knowledge will open new doors.
HOW TO DO IT
Two of the biggest challenges are – predictably – finding the time and money to dedicate t
o further learning. Most educational organizations have distance learning and online options you can complete at times that are convenient for you, if your job isn’t flexible enough to accommodate attending daytime courses. Although they won’t necessarily advertise it, lots of employers also offer partial or full funding for employee training and development. Check in with your HR department to see what’s on offer and whether they can foot the bill. If you’re UK-based, your local authority usually offers a range of low-cost adult education courses, with the added bonus of them being right on your doorstep. If you’re learning as part of a group, chances are everyone else will be in exactly the same boat and feeling just as nervous – so don’t be afraid to ask lots of questions and get your money’s worth.
WHERE TO DO IT
Everyone’s optimal learning style is different – some people prefer to dive straight in on their own and figure things out through trial and error, while others thrive in a more structured learning environment. If you want a bit more guidance, here’s a round-up of some of the best adult education resources around.
General Assembly
GA bills itself as a ‘global education network for entrepreneurs’ and offers educational courses in tech, business, design and marketing, with a strong focus on job placement. They have campuses in many major cities worldwide, and their range of scheduling options – full vs part-time, online vs on-site – mean whether you work nine to five or have a more flexible schedule, there’ll be something that works for you. While their longer term and on-site courses can be a little pricey, they also have online workshops and short classes that start from as little as £15/$20.
Skillshare
An online learning platform that offers classes taught by fellow creatives, Skillshare’s classes can be enjoyed at your own pace, from the comfort of your own home. With classes ranging from design to SEO skills, you can either choose from a host of free classes, learn on a pay-as-you-go basis, or sign up for a monthly subscription that allows you unlimited access. Classes are bite-size – generally thirty minutes or less – meaning you can pick up a new skill in the amount of time it takes to do your morning commute.
Duolingo
A fun language-learning app, Duolingo’s bite-sized lessons are a great way to pick up a second language, or at the very least pick up a few key phrases for your next holiday destination.
Lynda
Much like Skillshare, Lynda offers an exhaustive range of free and paid online classes taught by experts within their field, covering a variety of business, tech and creative skills. It’s particularly good if you want to get to grips with updates on software such as Photoshop or InDesign, as they offer ‘tune-up’ classes for new versions of most software programs.
City Lit London
One of London’s leading destinations for adult education, City Lit offers a class on virtually every subject under the sun and generally receives glowing reviews from former students. Many of the courses take place in the evenings or weekends and they have plenty of one-off sessions too, so you can still fit them in around your nine to five. Signing up for a course also gives you access to their modern building and café, so there’s the bonus of a well-equipped central London workspace.
Brit & Co
Though online creativity hub Brit & Co is more focused on craft and DIY classes for those looking for more hands-on skills, it also breaks down topics such as the basics of coding or web page design in a straightforward, easy-to-use manner.
Chapter 8
THE ART OF NETWORKING
BECAUSE WHO YOU KNOW IS AS IMPORTANT AS WHAT YOU KNOW
‘Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has.’
– Margaret Mead, cultural anthropologist
Networking tends to get a bad rep, with many people thinking it consists solely of stuffy corporate events and business card-toting suits. For every natural-born networker there’s another person standing nearby who’d rather drink cold paint than ‘work the room’. But, love it or loathe it, the art of successful networking is a skill worth mastering, whether you’re just starting out or a bit more established. The adage ‘it’s not what you know, it’s who you know’ hasn’t become a cliché without good reason, and people you know are very often the best sources of new opportunities. Read on for the 411 on graceful networking.
NETWORK IN ALL DIRECTIONS
It’s all very well and good pitching the power players in your industry, but chances are they’re pretty busy, and you’ll also be competing with a lot of other people for their time. Peer-to-peer networking (i.e. meeting people who are at similar points in their careers to you) is equally as important – it can be just as helpful to bounce ideas off your peers as someone more senior, so don’t neglect the networking opportunities more readily available to you. Plus, your career and those of your peers will probably progress in tandem, so the relationships you build now could be even more helpful further down the line. Effective networking is all about playing the long game.
BE RECIPROCAL
The best networkers are genuinely interested in other people’s projects and problems, and not just what they can get out of a given situation. Be known as someone who offers to help others out as well as asking for things, and make an effort to nurture professional relationships on an ongoing basis – not just when you need something. Be a connector: if you have mutual contacts you think might benefit from knowing each other, introduce them. Not only are people more likely to engage with you if they see your relationship as being mutually beneficial, it’s also just good karma!
START SMALL
Whether you’re at an industry event or a one-on-one meeting, don’t just launch straight into your elevator pitch when striking up a conversation with people. This is one scenario where small talk is good talk. When you do get down to work chat, ask about people’s current projects. Most people tend to light up given a chance to talk about what they’re working on at the moment, and asking about that as opposed to just interrogating them about their job title gives the conversation more chance to develop. You’ve probably heard about good conversationalists asking open-ended questions, and this is just an extension of that principle.
ANYTIME, ANYPLACE
Be open-minded about where you might meet interesting professional contacts. Networking doesn’t have to be limited to specialist industry events. You’re just as likely to meet interesting people in social situations, and through friends.
COLD EMAILING
Getting that all-important face-time often starts out with an email, which means sending a missive into an already overflowing inbox. So how can you make your email stand out?
Signpost
Make the purpose of your email clear from the outset. A punchy subject line could be the difference between someone opening your email and sending it straight to Trash, so make sure it doesn’t sound spammy or generic. Don’t hide your light under a bushel either – if you’ve got something compelling to say that you think is likely to elicit a response, don’t save it for the last line of your email. Signpost that in the subject of the email, too.
Keep it concise
Your initial email shouldn’t be more than a few sentences – don’t write an essay, because it won’t be read. If the person you’re contacting wants more information, you can follow up with that if and when they reply, and are more engaged.
Get personal
Outline why you’re getting in touch with them in particular. People can smell a template mass email a mile off, and they won’t respond – personalize your email so it’s directly relevant to them or their work.
Have a clear ask
The recipient of your email should be left with a clear question, so avoid generic phrases like ‘pick your brain’ (even if that’s what you want). Don’t make them have to work to figure out what you want – make it as easy as possible for them to say ‘yes’ by hanging the structure of your email arou
nd one or two clear asks. Doing this will also force you to get clear on exactly what it is you want out of the interaction.
Persist
Don’t be afraid to follow up with people if you don’t get a response, although give it a week or so before you chase. Having said that, don’t badger people with emails – two follow-ups is probably the limit before you start to become a pest, so if they haven’t replied by that point it’s probably time to call it quits.
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