ZF Copyright Overview
A Few Copyright Basics
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Copyright FAQ’s
What’s the big deal about copyrights?
When is content copyrightable?
What ZF stuff is copyrighted?
What’s the impact of having our copyrights?
IP Infringement FAQ’s
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We have an internal book club. We get together weekly and take turns leading a
discussion about an assigned chapter.
Answer: No copyright issues
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Use of content directly from one of ZF’s books. Questions, for example:
o We’ve adopted the 16 differentiating competencies as our competency model.
Answer: Copyright violation if used without ZF permission.
o We created our own performance appraisal items using the information from
the book.
Answer: It depends on how similar the client created survey items are to ZF’s and
how they are presented. Using similar (even though not exactly the same) survey
items that are organized in a similar arrangement to ZF’s tent model and 16 DC’s
would be a copyright violation.
o We used your tent poles as a framework and added our own version of the
competencies.
Answer: Use of the tent pole model – the descriptions, framework, and the tent
pole analogy – would be a copyright violation. The answer to whether the
competencies are a derivative work (and violation of ZF’s copyrights) depends on
how similar they are, how they are classified, presented, etc. For example, if
there were 5 very similar competencies to ours that also fell in the Interpersonal
Skills tent pole we use, that would likely be a copyright violation.
o We created our own workshop using the content in the Inspiring Leader book.
Answer: It depends what content and how it is being used. For example, using
the 10 companion behaviors in any form would be a copyright violation.
Describing various attributes of inspiring leaders, which are generally original to
the client but partially overlap with our lists, may not be a copyright violation.
o We are using ZF’s competency framework and we changed the tent to a house
with pillars.
Answer: Use of our competency framework would be a copyright violation.
Merely changing the tent to a house, but still using the tent metaphors (volume
of air in the house represents overall leader effectiveness, etc.) would also likely
be one.
o We have incorporated the 16 differentiating competencies in our talent
management system.
Answer: Copyright violation if used without ZF permission.
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We would like to use the graphic “Solves Problems and Analyzes Issues” together with
its competency companions from the Extraordinary Leader workshop in the
presentation for our 2013 all-manager meeting. The graphic will be part of a
presentation given to 93 managers and non-managers.
Answer:
o This is all copyrighted material. Cannot use without written permission from ZF.
o We often like to encourage the use of our IP for internal marketing reasons, so in
some cases ZF may grant such a license. The sales rep should review with Pam and,
if approved, ask Denise to prepare a limited use license.
o There may be a fee associated with the license grant, depending on situation.
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We would like to distribute the white paper Leadership Under the Microscope to all
managers in our organization
Answer:
o This is copyrighted material. Cannot use without written permission from ZF.
o We permit downloading for individual use by signing up for our LRC.
o We do like to encourage the use of our IP for internal marketing reasons so ZF may
grant such a license. But client does need written permission.
o For this white paper, the sales rep has the authority to grant broader permission, and
does that by asking Denise to prepare a limited use license. (note: if this is occurring
frequently for this or other specific ZF copyrighted materials, we should prepare a
standard, fill-in-the-blanks license form for rep usage)
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We have created a follow-up workshop to The Extraordinary Leader workshop
Answer:
o Rep needs to evaluate what the follow-up workshop includes
o If the follow-up workshop includes any copyrighted material it is copyright
infringement
o Client needs to purchase a license to use ZF copyrighted material
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I’ve been exposed to Dr. Zenger’s Model on the “Extraordinary Leader” a while ago. I
liked it, purchased the DVD package and the book, and started using them with clients. I
was looking for assessments and any other collateral that support the model and the
DVD-based program that I purchased. [ note this refers to the VisionPoint product of
the same name, The Extraordinary Leader ]
Answer:
o The VisionPoint version of EL is a legitimate product, done with Jack’s support prior
to the formation of Zenger Folkman. It is a low-end workshop that introduces the
basics of the EL research, but is missing most of the key elements of our EL product –
no 360 assessment, no business outcomes research, no cross-training concepts or
companion behavior research, a different PM and exercises, no CCDG, etc. See
separate full competitive writeup we did in 2005.
o This could be an opportunity for a sale (it’s a nice introduction to ZF’s approach), but
it would require the client to purchase participant licenses from ZF.
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How do we address a situation where clients tell us they are scanning materials
Answer: Tell them to stop, they are in violation of our copyright and US law.
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If ZF modifies competencies for a customer, what rights do they have to use such
competencies
Answer:
o The license we negotiate with the client will describe any copyrights they may have in
the content. But almost without exception:
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ZF retains copyright ownership for whatever content ZF contributes to the work
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the client retains copyright ownership for whatever content the client contributes
to the work
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the client retains copyright ownership for whatever we develop for the client as a
“work for hire”
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we may both have copyright ownership in the broader product, each with
different elements of it, as a custom product may be a mixture of the three
examples above – in that case, once the client license ends for the right to use
what we have contributed and own, the client must cease using our copyrighted
material (this may mean the product is no longer useful to them)
o Our standard license is that the IP may be used for the personal development of
client’s employees (those for whom a participant license has been purchased) in
conjunction with a ZF workshop or other form of delivery (e.g., individual coaching .
o Client does not have the right to use or incorporate any copyrighted material (e.g.,
the competencies) in any other way, such as in recruiting, assessment, talent
management, performance management, succession planning, or any other systems
or in any form of training or development, unless specifically granted by ZF – this
would normally require them to purchase an additional license for that usage.
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What do we do when the customer says, “Jack or Joe said we could do this . . . “
Answer:
o Our agreements specifically state that the written agreement terms override any
previous or future verbal agreements, no matter who the ZF employee is. If the client
is in violation of their written license with ZF (regardless of whether Jack or Joe said
they could do it), either they need to stop it or we need to amend our agreement
with the client and put that permission in writing.
o Bring Jack or Joe in and learn what has and hasn’t been agreed, and determine with
Pam how to proceed.
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What IP rights does who have when, for example, a client is using our tent poles with
Lominger competencies and definitions
Answer:
o If a client is using our tent poles it’s likely a violation of our copyright. See response
above.
o Client should have licensed the rights to Lominger material, but that’s not our issue.
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Is ZF protected when, for example, at Client X, we are asked to use PDI IP to create
survey and manual? Client X assures us that they own such IP. I.E., will Client X be
required to indemnify ZF?
Answer:
o We need to make sure that we have language in the agreement with the client which
protects us from copyright infringement and protect our copyrights. This would
require the client to:
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warrant that they have the rights to use the PDI copyrighted material in that
manner
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agree they’ll indemnify ZF in the event of any PDI copyright claims asserted
against us for incorporating the PDI material
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warrant that ZF will be the sole copyright holder of our materials contributed to
the product
Copyright Notes
What’s the big deal about copyrights?
Under US copyright law “the owner of copyright . . . has the exclusive rights to do and to
authorize any of the following: (1) to reproduce the copyrighted work in copies . . . ; (2) to
prepare derivative works based upon the copyrighted work; (3) to distribute copies . . . of
the copyrighted work to the public by sale or other transfer of ownership, or by rental,
lease, or lending . . .”
When is content copyrightable?
All original works of content are automatically copyrighted upon creation.
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To be a copyrightable work on its own, a derivative of an original work must be
different enough from the original work to be regarded as a "new work" or must
contain a substantial amount of new material.
Making minor changes or additions of little substance to a preexisting work will
not qualify the work as a new version for copyright purposes. The new material
must be original and copyrightable in itself.
Titles, labels, and short phrases are not copyrightable because they’re not original.
Collections of facts may be copyrightable
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With collections of facts, knowledge, or general information (e.g., phone numbers,
recipes, mathematical relationships, legal cases, flight information), the core
information from any source is not copyrightable, but the "expressive" content
added by the author is copyrightable.
That includes not only the author's own comments, language, and descriptions used,
but also the choice of:
o which facts to cover, exclude, and include;
o which links to make among the bits of information;
o the order and arrangement of presentation (unless it is something obvious like
an alphabetical list);
o any evaluations made about the quality, usefulness, or importance of various
pieces of information;
o or anything else that might be considered "original creative work" of the
author rather than mere listing of the core facts.
What ZF stuff is copyrighted?
1) Any original work, large or small, that ZF employees or contractors have or will create
is ZF copyrighted material
a) Exception: Custom products that we agree to create as a “work for hire”
b) For that reason, with works for hire, we require contract language that specifies ZF
continues to solely own the copyrights to any ZF material we contribute to the
broader work
2) ZF copyrights are enforceable whether or not a © or other copyright notices are
present (although such notices would make damages easier for ZF to recover).
3) ZF copyrighted material would include all original books, articles, white papers,
Website content, visual models of concepts, diagrams, illustrations, charts, blogs,
PowerPoint or other presentations, newsletters, workshop slides, job aides, software,
reports, collections and structures of information, and survey items.
a) Isn’t copyrighted:
i) An organization’s survey items responses (the raw respondent data)
ii) The competency label, “Innovation”
iii) A grouping of competencies labeled as, “Interpersonal Skills”
iv) The data and concepts contained in the Goldsmith/Morgan slide in EL
b) Is copyrighted:
i) Tent model and our specific collection of tent poles
ii) The 16 Differentiating Competencies
iii) Every slide in the EL workshop deck
iv) The 54 EL survey item questions
v) The presentation format of our EL 360 survey
vi) Our list of “Behaviors Defining the Competency” of innovation
What’s the impact of having our copyrights?
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Any use, reproduction, distribution, performance, public display, or the creation of a
derivative work of any portion of ZF copyrighted material requires written ZF
permission. Use without such permission is copyright infringement and a violation of
US copyright law.
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Use is granted by ZF in the form of a written, limited use license prepared by Denise or
Bob (the only exception is for individual use of materials we make available for
downloading in the LRC). Such a license may be free or for a fee, depending on
situation. The license will normally describe:
o the content the organization is allowed to use (e.g., slides, White Paper, etc.)
o the form, location, and manner in which they are allowed to use it (e.g., printed,
electronic, website, intranet, etc.)
o the time period of the permitted use (e.g., a specific meeting, 1 year, in
perpetuity)
o those who are permitted access the copyrighted material (e.g., employees only,
anyone, attendees at a conference, etc.)
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“Public domain” works are those no longer under copyright protection, and that can be
freely used, reproduced, distributed, and developed into derivative works without
permission. NO ZF CONTENT IS IN THE PUBLIC DOMAIN. Publication of copyrighted
material does not place it in the public domain. Generally, the expiration of copyright
protection would have to occur to place content in the public domain.
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We generally agree with clients that they own the rights to all survey responses (name,
email address, rater category, response scores, written comments, etc.). We can
provide the raw data responses when requested. But ZF always owns the copyrights to
how the data is compiled and presented: the 360 report structure, the presentation of
the tent poles and 16 differentiating competencies, the survey items themselves, and
how all 360 report information is collected, organized, presented.