Copyrights and Trademarks

The issue of copyright and trademark is an important one for people dealing with intellectual property rights and readers should recognize that there are civil and criminal issues involved when these rights are violated. We are collaborative, but we are also sensitive to violations of our rights of ownership on an international level.

Performance Management Company publishes a series of licensed training materials as well as maintaining and showing a large number of images -- ALL of these are protected under international copyright. These books, games and other training materials are registered with the US Library of Congress and Square Wheels® is a registered trademark of Performance Management Company.

 All of the illustrations, exercises and other materials, no matter how they are used, remain the property of Performance Management Company and no rights are assigned nor permission given to use these materials and themes other than as visual materials for training and development unless granted in writing.

Materials copyright © Performance Management Company, 1992 - 2017. All Rights Reserved.

Permission is given for purchasers of the Square Wheels toolkits to reproduce and maintain ONE set of materials as transparencies or slides for use by their organization. Other use is not permitted without specific permission.

Should you want to use an illustration in a blog or newsletter or in any other form of publication or handout other than those included as part of the Square Wheels toolkits, specific permission must be obtained from Performance Management Company prior to such use.

Generally, we grant this permission fairly freely and search out collaborative opportunities.

These are some of the approved uses:

 These are some of the uses NOT permitted without permission
  • Scanning the images for use in electronic presentations
  • Making posters, chocolates, or other materials using the images or derivative works influenced by these images
  • Altering or customizing the images in any way, such as putting your company logo on the image, as a background, or as a screen
  • Removing the copyright or other information from the illustration when it appears on that illustration
  • Producing a handout different from those included in the books
  • Using the phrase "Square Wheels" in training and development-oriented printed matter without stating it is a registered servicemark of Performance Management Company
  • Using any image in a brochure or publication in any way

There are a number of places to get more specific information about copyrights and trademarks and to better understand the issues associated with the use of intellectual property. If you have any question, consult the internet or speak to legal representation before acting in a way that may violate the rights of PMC.

The Copyright Act protects the expression of ideas and include illustrations and other pictorial work and provides the owner with a monopoly over how the work can be used by others. You need permission to use the work in other ways not expressly given.

Penalties are high for infringement. Congress recently enacted the NET Act which states that any person who willfully infringes for commercial advantage or for private gain or by the reproduction or distribution (including electronic means) of one or more copies during a 180 day period which have a total value of more than $1,000, shall be in violation.

Penalties include up to 1 year imprisonment and fines up to $100,000. Moreover, reproduction or distribution of at least 10 copies with a total retail value of $2,500 within a 180-day period is punishable by fines of up to $250,000 for an individual or $500,000 for an organization. These violations can also be enforced by a civil suit.

Be forewarned - Square Wheels illustrations are all copyrighted, as are many other ideas and themes on this website and we will actively defend these images and address those who use them in ways not allowed by express written permission. We retain and maintain all rights to these materials.

On using any content of the or other Performance Management Company websites:

All material at this site may be used by private individuals for their own non-commercial purposes. Single copies of pages or files may be distributed to other private individuals at no charge, unless other requirements are noted on the relevant page. All material remains the intellectual property of Dr. Scott J. Simmerman and/or Performance Management Company, individual contributors, or other sources who gave permission for use of their material at this site. All copyrights are reserved by PMC or the respective owners. Material may not be republished without written permission, nor may content or images be mirrored on another server without written permission.

Anyone with a Web page is welcome to link to any part of this site, under these conditions:

You may not imply my endorsement of a product or of your site. Unlike some sites, I will generally necessarily object to having my pages placed in frames. And:

If a link to me is placed on a page that uses frames, you must plainly show the origin of my page!

Either the page's original URL or my logo must appear in the immediate vicinity of any hypertext link or icon that connects to my page. Use of frames to obscure the origin of material is to imply that it resides at your site, which is not fair to me or to any other page's author. We will consider this an infringement on our copyright and possibly our servicemark(s). It may also violate our intellectual property rights.

If you link to any part of this site other than the home page, please check the link(s) periodically, to ensure that your viewers will not be disappointed if the page is moved or deleted.

If you want to send me an email regarding your link back or anything else please do so by clicking here

Scott Simmerman asserts the moral as well as legal rights to be identified as the author of this web site and all contents unless specifically noted or expressly designated to belong to someone else. All rights reserved.

Here is something that caught my attention:

Financial Times on July 17 reported that very few Directors and corporate officers realize their risk from crimes committed by their employees and their personal liability.

Norwich Union paid almost $1,000,000 in 1997 when it was found that its employees were using corporate email to legally obligate another firm. Similar penalties have been paid for violation of copyright and the illegal reproduction of training materials. New laws now subject key executives to personal criminal and civil liabilities for employee behavior.

A former employee of a NY state firm recently told me that she was told by her boss that the use of video movies in their classroom training was okay since they were not generating a profit from them. When she told her boss that this was NOT in fact legal, SHE WAS TOLD TO DO IT ANYWAY!!

Today, even minor statutory violations of copyright can subject individuals and organizations to fines of $150,000 based on the new (and international) laws.

Other good articles on copyright

MUSIC LICENSING BASICS - Laurie Hughes, Director of Business Affairs, ASCAP

On Online Thievery - Thoughts by Sherry Thurow

On Using Videos in Training - Showing Videos in Your Training? Make Sure You Are Doing it Legally!

Dave Ferguson shared some very good information on training and licensing of music. Easy to read and understand. Also about purchasing rights. It's here.

Nancy Roebke's excellent article on protecting intellectual website property here.

Don "Big Dog" Clark defended himself on a trademark infringement accusation with a most interesting rebuke. You can read the text of his response here

Rules on electronic publishing rights are raising questions about compensation for free-lance writers whose work appears in the various electronic databases without their permission.

A unanimous ruling by the US Circuit Court of Appeals 2nd District states that Copyright Law "does not permit publishers to license individually copyrighted works for inclusion in the electronic databases." The suit against some big newspapers was brought about by the National Writers' Union, representing authors who claimed "that the copyright each owns in his or her individual articles was infringed when the publishers provided them to the electronic databases."

The ruling clarifies that "electronic publishing rights" of these works is separately negotiable.

Very good sites on copyright information exist on the internet. If you have any questions, google them or talk to counsel.

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