Dr. Gloria "Jo" Floyd
Greetings again my fellow speakers! I have been speaking professionally since 1971 throughout the United States. One of the blessings of that is that I have heard a lot of horror stories about and from speakers who don't think about the legalities relevant to their work. I am not a lawyer and I am not giving legal advice. Go to your attorney for that! But let me share thoughts on legalities for you to confer with your legal representative about, or for you to think deeply on. Let's you and I reflect or stay abreast of these issues.
If the requested topic is really something we don't know anything about or very little, contemplate how our signed agreement or contract might play out when we can't deliver. I am sure we have all at one time or another been there and done that. Let's stop.
We especially need to be careful of this when speaking in front of a gazillion people or writing for a large audience of readers. We probably should not make unfounded comments or jokes, as well, against or about any company or business.
about the ramifications of not delivering what we promised on our speaking career, the way
we would be commented on by the audience or meeting planner, and the ramifications we face
in not living up to our contract. Let's all
remember we are after repeat business, not bad press that we ourselves initiate.
not be so excited to be hired that we give away the store, agree to going to Podunk (oops
watch that slur on Podunk), or agree to speak to trained monkeys
nope guys you have
not already spoken to trained monkeys
and those were not deranged sad, unintelligent
humans who didn't like your speech and... watch those descriptors
There might be some
of your self described monkeys reading this article
oh oh, I just might have stepped
on some reader's foot. "Sorry!!" and yes guys I do mean it.
people may get offended when their name comes across the air waves via T.V. or radio,
print medium, the world wide web or the podium. I
have heard, for example, ministers, speakers, and others give an example of something and
begin with statements like this:
§ "I had this dumb friend in my ninth grade high school, John Moore. He was dumb as dirt! He was probably the stupidest person I have ever met. I learned from John how stupid, stupid can be !" This may have made great commentary but I would guess if John heard it, he wouldn't take it too kindly!
§ Now "Sally Johnson she was the most pious person and pious is just above stupid in my book. That girl would not even use the word 'no' "
You get my point. Careful! Careful! Let's don't do this.
You could be doing this without knowing it. We can even do it easily by repeating to a group a signature story we heard. I did this once to make a point about resilience as the speaker the week before had shared. I even shared her name thinking that was adequate and that it was her signature story. A fellow NSAer there to speak for my company quietly shared with me later that we should not do that. So let's pay close attention to anything we use in our speeches to be sure it is our own, we have permission to use it, that we give credit always to the source, and that we don't get ourselves into any legal entanglements. In another example, I worked with several other speakers in a several city held conference. I will never forget a comment made on one of the evaluation forms that said, he stole (name's) work item by item and never mentioned the author's name and it was true.
Recently I received a brief note from someone who had the word "Thrival" trademarked. He noted that I speak on survival, and shared that since the words were similar he wanted to make me aware of his "thirval" word ownership. I don't use the word thrival but some of you readers might. I appreciated the notification. So all of us should be careful in this realm of trade mark.
manuals that I write, I share in the front of the manual, and strategic places throughout,
that I am not giving advice of a legal, administrative or other type. I stress the need for the reader or hearer of my
words to seek out their own advisors, pay them, and to only use items from my work or
speech that they adopt as their own by separate and distinct choice. I write or speak things like "Never adopt any
position, you are not assuming for full fall out responsibility." "I am not your paid lawyer,
consultant, or expert." "Please be
reminded that you should read and implement this data thoroughly and only then
should you consider it for your use." "I
am just highlighting this information. You
must read all 30 pages yourself to be fully accountable." Do you understand where I am coming from?
When speaking we may at anytime be asked a question for which we have no answer. Let us never make up
had a request from a group that I was involved with 17 years ago who asked that I update
my bio data with them and to send along a current picture to be along side the last one in
the reunion update. I immediately started
thinking about my current picture, hoping it was not the same today. I squeaked by about 15 years - the age of my
current photo. Well that's not good. Nor is perhaps our old data we still espouse
without update, new graphics, upgraded titles, etc. Let's
not do that!
Keep On Speaking - Legally Please!!
Ó2000-2011 Dr. Gloria "Jo" Floyd & NCEHS, 14439 N.W.MILITARY HWY #108 PMB 615 SAN ANTONIO, TX 78231
© 1999-2008- Dr.
Gloria "Jo" Floyd, NCEHS, 14439 N.W. Military highway, #108, PMB 615 San
Antonio, TX 78231 [O] 210-698-8700, [F]
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