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From Inspiration to

Infringement:

The Top 7 IP

Mistakes of Personal

Coaching Businesses

by Aaron K. Haar, Esq.

Personal coaching businesses are simultaneously one of the worst violators and one of the most violated when
it comes to intellectual property rights. In the personal coaching space, inspiration is derived from anywhere and
everywhere. While intellectual property law does not protect ideas, it does protect the expression of those ideas.
If a personal coach is not familiar with the law and is not careful, it is far too easy to cross the line from inspiration
to infringement.

The following is an overview of the top 7 intellectual property mistakes made by personal coaching businesses.

Paying someone to create Personal coaching businesses are This mistaken belief can prove costly
something for you does not often surprised to learn they do not if the owner learns its photo is being
necessarily make it yours. own the rights to materials they used without a license. Importantly,
specifically contracted for. By then, “royalty free” does not mean the
One of the biggest mistakes it is usually too late to remedy. images can be used without a
personal coaches make is assuming license and without paying a fee.
they own copyrights to work they Stock photos require a license.
paid someone else to create. For With the image-searching
example, a personal coach may hire Due to the high volume of technology available today, it is
a graphic designer to create a logo copyrightable material involved vital that personal coaches obtain
and website, or hire a photographer in rendering coaching services, and abide by the terms of a license
to snap pictures at a seminar. personal coaches often inadvertently for images and other copyrighted
infringe the copyrights of others. content they obtain from third-
But the creator of the work Personal coaches regularly rely on party sources.
automatically owns the copyrights photos and other images to highlight
unless the creation is a “work made certain concepts, make material Attribution without permission
for hire.” A work made for hire is more engaging, or simply to add a is insufficient.
either (1) a work prepared by an little color to their content. Many personal coaches mistakenly
employee within the scope of their believe they can use someone
employment, or (2) a work specially Most business owners are now else’s work (e.g., a graphic, written
commissioned if the parties savvy enough to know not to simply content, or a photograph) so long as
agree in writing that the work take and use images they find they give credit to the person who
will be considered a work made online. But many mistakenly believe owns the work. This is incorrect.
for hire. Absent one of these two stock photos can be used without Citing the creator of the work
circumstances, the creator of the a license (i.e., permission) from the does not convert infringement into
work retains the copyrights. company that owns the images. authorized use.

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