Copyright: Determining “Fair Use”


Courts consider four factors in disputes over fair use:

  • The purpose and character of the use, especially whether the use for profit.
  • The nature and purpose of the copyright work.
  • The amount and substantiality of the portion of the work used.
  • The effect of the use on the potential market for the copyrighted work.

Fair use does not apply to graphics: you must obtain written permission to use any graphics.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Principles for Empowering People


  1. Tell people what their responsibilities are.
  2. Give them authority equal to the responsibilities assigned to them.
  3. Set standards of excellence.
  4. Provide them with training that will enable them to meet the standards.
  5. Give them knowledge and information.
  6. Provide them with feedback on their performance.
  7. Recognize them for their achievements.
  8. Trust them.
  9. Give them permission to fail.
  10. Treat them with dignity and respect.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Franchises


A franchise is a contract arrangement by which the owner of a trade name, trademark, copyright, or process grants permission to others to use this property in selling goods or services under specified conditions.

The purchaser of a franchise (franchisee) obtains the advantage of offering a well-known or unusual product that may already have wide appeal. The franchisee  also receives the benefit of mass buying and advertising. Typically, the buyer of a franchise may pay a flat fee for the franchise as well as an additional percentage based on sales. The franchisee may also be required to pay a fractional share of the franchisor’s promotional costs and to purchase certain supplies from the franchisor.

Contract and sales laws pertaining to franchises are comparatively new. If the franchise involves the resale of goods or food, both the franchisor and franchisee will usually be liable under a breach of warranty if the food or other merchandize is not wholesome or proper from the consumer’s standpoint. However, tort liability to a third person is usually the responsibility of the franchisee alone. In a case where the franchisee’s truck struck  and negligently injured a pedestrian , the franchisor would normally have no responsibility.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Let People Fail


Throughout history people who have achieved the greatest success in life have been those who were not afraid to fail. In fact, most of them failed time and again and often in a very big way.

Thomas Edison tried 2,500 times to invent the light bulb before he finally succeeded. Abraham Lincoln ran unsuccessfully for public office 6 times before he was elected president. History is replete with stories of famous people who were well acquainted with failure; people who set goals higher than what they at first could achieve and who then preserved until they became conquerors.

If a certain amount of failure is intrinsic to great success, why is it such an evil word? Why do most of us place severe limitations on ourselves in order to avoid failure, even to the point of sacrificing our dreams?

A person trained in the behavioral sciences could have a field day with this question. For our purposes here, in very simple terms, we can say that people are afraid of failure because they never learned to see it as friend. Instead of seeing it as a stepping-stone to success, they view it as a blockade.

In order for people to realize their full potentials they must be given permission to fail. When this permission is granted the element of fear is removed. Fear is the great enemy of power. As long as people are consumed by the fear of being rejected, the fear of losing face with their peers, or the fear of losing their job, they can never reach their full potentials.

When people are denied permission to fail, they play it safe. Their reach never exceeds their grasp. They set goals lower than what they are capable of achieving. The result is that the company loses valuable productivity. Mediocrity instead of excellence is the norm. business opportunities are missed. And the people are deprived of the exhilarating experience that comes from taking risks, beating the odds, and accomplishing the near impossible.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Intellectual Property


The most valuable resource in the modern economy is the human mind. The ideas, concepts, and other symbolic creations of the human mind are referred to as intellectual property. Intellectual property is protected through a number of special laws and public policies including copyright, patent, and trademark laws. These laws rest on two essential premises:

  • The creator, be it a person or an organization, of an idea or invention should be entitled to the benefits that flow from that original creation if it can be proved that the creation came from that person or organization.
  • The right to get special economic advantage from such inventions should not exist forever. At some point, ideas enter the public domain and can be used by others.

In today’s global economy, many temptations can arise for businesses and individuals to use other people’s ideas without permission. Patents, copyrights, and other intellectual property are sometimes infringed, or wrongfully used, by those who see an opportunity for quick profit, a practice known as commercial piracy.

A great deal of pirating occurs in industries such as computer software and hardware, industrial machinery, printing and publishing, and designer clothing. Because some governments do not curb such practices, businesses that create ideas are injured.

In coming decades, many new ideas will be developed and commercially exploited in such fields as bioengineering, computer software, fiber optics, and medicine, to name a few. In a global economy, these forms of intellectual property are economically valuable. A society that is scientifically and artistically creative has a big stake in laws that protect the companies that create new ideas. The employees who work for those companies have an important stake in the fair use of intellectual property, as do customers who license the technology or buy the products. A growing challenge for public policy and international trade negotiations is how to coordinate national laws protecting intellectual property rights.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Principals for Defining Privacy Policy


Companies wishing to enact an internal privacy policy or code should consider as a starting point the three concepts that help define information privacy: data collection, data accuracy, and data confidentiality.

Data Collection: the following principles should be adhered to:

  • Data should be collected on individuals only to accomplish a legitimate business objective.
  • Data should be adequate, relevant, and not excessive in relation to the business objective.
  • Data should be obtained in a lawful manner.
  • Individuals must give their consent before data pertaining to them can be gathered. Such consent may be implied from the individual’s actions (e.g., when they apply for credit, insurance, or employment).

Data accuracy: to ensure that misleading information will not be distributed, the following principles apply:

  • Sensitive data gathered on individuals should be verified before it is entered in database.
  • Data should be accurate and, when necessary, kept up to date.
  • The file should be made available so the individual can ensure that the data is correct.
  • If there is disagreement about the accuracy of the data, the individual’s version should be noted and included in any disclosures of the file.

Data Confidentiality: the privacy policy should ensure confidentiality as follows:

  • Computer security procedures should be implemented to provide reasonable assurance against the unauthorized disclosure of data. These procedures should include physical, technical, and administrative security measures.
  • Third parties should not be given access to data without the individual’s knowledge or permission, except as required by law.
  • Disclosures of data, other than the most routine, should be noted and maintained for as long as the data is maintained.
  • Data should not be disclosed for reasons incompatible with the business objective for which it was collected.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Grabbing the Ball


What are some of the methods of interrupting? One is to raise your hand and say, “Just a second, may I . . .” and continue speaking. Another way to interrupt is to stand. The person speaking will usually pause, and calling that person by name, you can say, “Mr. so and so, there’s something else,” and continue speaking. You can also just speak, raising the level of your voice above the person speaking. Be sure, however, that when you ask permission to interrupt you don’t wait for permission to be granted but continue directly to your message.

One of the most difficult things to do in a brisk meeting is to hold back and allow others to finish presenting what you consider to be incorrect assumptions and actions when you know you have the right and perfect answer to the problem. Have the urge to jump in and interrupt a thousand times and do so in many cases.

Interruptions can lead to digressions, which prolong the length of a meeting. But a polite interruption that cuts off a digression is an excellent way to save time.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

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