Intellectual Property Poaching- Piss and Moan Moment....

I recently resigned from a part time, freelance gig....where, I had initially hoped to 'do some good' in the community and the world, and was not focused at all on the compensation.
As is the case of my life presently, I ended up being disappointed, and in the process, learned some hard lessons.
After not being fulfilled working for corporations rife with metastatic scandals.....I gave up, and went the route of do-gooder/ freelance consultant/ independent contractor/ something-or-other...not only as a way to practically support myself, but also as a survival tactic to remain somehow creatively alive and inspired, as opposed to numb, robotic and intellectiually and creatively dead.
The road has not been easy, however....and I have felt some bumps and growing pains along the way.
Recently, I was helping a couple with their business.  The business and couple shall remain nameless...however, the business was in a noble professional industry (healthcare), and is providing needed services to the community. 

I was hired on part time, mainly to help get the practice more organized, to help the owners stay focused, to help with creating and implementing marketing strategies, and ultimately, to help grow the practice...as well as implement various social networking tools.
While I liked most of the work I was doing, my observations and gut instincts told me that certain things just didn't 'feel right'.  At times, I felt uncomfortable, and had nagging doubts that lingered when I went home.  I never felt like I was a member of a 'team'.  I felt more  often like a hired hand that was expected to work 'magic' and then disappear, and felt less and less inspired to contribute as a result.
Eventually, my naggings escalated, and I ultimately resigned.  No big deal.  
Not shortly thereafter, however, I received a disappointing and offensive email from own of the owners of the practice where I helped out......which said this:

Hi Ashley,

The notes you were taking while working for me are the property of XYZ LLC, so please return them to me as soon as possible so I can pick up where we left off with my marketing.  Send them to the address below.  Where do you want me to send your paycheck?

All the Best,

Jane Doe (insert several professional degrees and professional title here)

Needless to say, I was put out at first, then just disappointed and dismayed...though not surprised.  I breathed a little, and took my time in thinking about and creating a thoughtful, deliberate, and honest response.


While I was working there (as has been the case at every place I've ever worked...corporate, private, or while doing freelance consulting), I've always carried a journal or notebook or legal pad with me.....to take notes, and write down my thoughts/ideas/musings.  I have ALWAYS done this.  This habit harks back to my school days...when, yes....I actually listened, thought, and took notes.


Even in this electronic age, where I have a smartphone and I use Outlook calendar, I still carry notebooks and pens with me to write stuff down.  It's a bit messy, but it's my system.  I will write LOTS of stuff down...notes, thoughts, 'to-do' lists, moments detailing creative inspiration, ideas, light-bulb moments, things I want to accomplish, and I will even write poetry at times.  I guess the writing is part of my creative process....not really sure.  But, it's what I do!  (Hence, this bog, for instance!)


Over the years, upon resigning and moving on from various 'career' pursuits, I typically leave everything behind, except the personal items that I keep near me while working...generally those things are few, and essential:  notebook, pen, water bottle, chapstick, dental floss, spare change, gum, bits of dark chocolate, smartphone.  I travel light, and only keep the essentials with me, because I have never viewed a workplace as a 'home'.  It is just a place for me to contribute to a cause for a finite period of time...whether I'm there for a day...a month...a year...five years.  I say 'finite' because eventually, I leave.  While I can't say that that is a good or a bad thing....it just happens.  I need creativity and inspiration and I need to feel fulfilled.  I need stimulation, and I thrive on change.  I don't need routine and order and rules.

Anyway, I digress.


After taking a moment to objectively think about this woman's demands that I return to her my own personal notes (which I took in my own hand....in a notebook that I purchased), I thought about what was important to me....and began to wonder about intellectual property, and why I was ultimately not about to give up my own little yellow mead notebook!!  Thus, with quiet determination and thoughtful introspection.....I crafted this response:


Madam with multiple professional titles and university degrees,


I have been gathering my thoughts over the past few days before writing you.
You asked for feedback, and I will provide that.  I think it's important for all relationships, particularly for people who are interested in growth.


I've worked with many, many people over the years.  I enjoyed meeting you and your husband initially, and share in the mission of your practice.  I think you guys have some great ideas, and could really make a difference, in my opinion.  However, a few things left me to pause, and reconsider working for you guys.


For some reason, I never felt part of a 'team'.  It seemed that you and Monsieur husband wanted to accomplish some things, but I always felt very much like an 'employee' as opposed to a team member.  I felt like you guys liked my ideas...wanted me to accomplish and implement everything...(like yesterday)....and, get it done a few hours a week, without much inconvenience to either of you, or your own lives.  I didn't find it to be an inclusive or warm environment.  It felt very tense to me.  


I always felt tense whenever I came over.  I understand your focus on being prompt.  However, it really got me completely stressed out that I had to be there exactly on the dot.....or there would be tension.


As far as the notes being 'your property'....I am in total disagreement about this.  I PURCHASED the notebook myself, and took notes during our sessions, but the notebook is mostly filled with MY IDEAS.  The checklists that I kept were just me writing down our brainstorming sessions...when I met with you, and when I met with Monsieur husband.  A couple of sheets are 'to-do' lists that I made myself....i.e. create Facebook page, create LinkedIn page, network with outside professional colleagues, etc.  


I never quite understood why YOU didn't keep your own notes, and have an agenda for me.  It is your practice.  I didn't understand why YOU didn't keep your own 'to do' list, or idea journal for yourself and your future....so you could reflect back on your own progress....and, to see if I was actually helping the mission of the practice as an employee.  
These are just STANDARD (in my own observations) in terms of an employer/employee relationship.  For instance, how do you conduct reviews later on of employees?  How do you monitor their growth...progress..contributions?

In thinking it over, I just had a lot of discomfort about the whole thing.

While I think you both have an idealistic and lofty mission for the community and world...which is fantastic and noble.....I think you both have to really partner together and figure out a way to make it happen, and focus and get down to business, and roll up your sleeves, and get out of your comfort zone.    That's not at all a criticism...it's just a fact of life.  In order to grow, you need to go beyond your comfort zone.
In the short time I was there, I felt tension, and felt that you guys would quickly come to rely on me for my ideas and to get it done.......while you guys could not change anything about yourselves.


For instance....not taking notes....not making a few calls on your own during the week to meet with others to spread the word of your mission....etc.  


Lastly, this last email is disappointing, though not surprising.  It just underscores my original intuition.  I remember feeling negatively when you once mentioned that I could 'leave my yellow notebook' so I didn't have to keep carrying it back and forth.  I immediately felt protective of it, because those were MY ideas...my thoughts, my own checklists of my work done...my own journal...and not just filled with 'Professional Practice LLC' specific ideas either.  I left it there once overnight, but never felt right about it, so decided that I would continue to carry it with me.  I typically carry notebooks (purchased on my own) to EACH and EVERY freelance job that I do.  They are MY property and never before has anyone ever laid claim to them, or exclaimed that they were the exclusive property of their cause/company/whatever.  


If you wanted to keep notes of our individual sessions, perhaps you should have bought your OWN notebook, and kept your own ideas and notes for yourself. You never asked me to purchase a notebook and keep notes.  I purchased it myself because I am a diligent and organized person, and it is my own way of being personally organized.  It also is a creative stimulation tool...a journal.


I can copy a couple of pages that were just notes that I kept each session....but I find that even to be an annoyance, since that is additional work for ME.  And, something I don't feel inclined to do, because of the way you have communicated your wishes (demands).  Also, I feel accused!  Of stealing something, that is rightfully mine!  You laying claim to it.....calling it 'your property'...and equating it with 'your marketing' is pretty hostile, and selfish, and antagonistic.  You insinuate that I 'stole', which is ridiculous!  Not to mention hurtful.
Honestly, I'm not sure why you feel this way, but I know I did nothing wrong.  I have been honest, forthright, and collaborative with both of you.


I felt though that working with both of you was not going to be mutually beneficial in the long run, and that it was not going to be a satisfying position for me long term.
I'm sorry that it didn't work out...and I hope that you guys and your practice flourish.
I do not like, however, your insinuations or accusations...however, and find it offensive, and disappointing.  And, I intend on keeping my own notebook.


My address:
Ashley Epes
Sticking Up for Myself Dr.
Sausalito, CA 94965

Finally, I mean no disrespect in my above communications with you.  These are just my frank and honest observations and opinions.


Kind regards,


Ashley


I edited out some of the specifics of the above email communication, but you can get the gist of what I was trying to communicate.  Though a lot more flexible and creatively inspiring, freelance consulting work does not come without its own hazards!  It never occurred to me that someone was going to stake a claim to my journaled thoughts/ideas/brainstorming ideas/lightbulb moments/grocery lists/daily musings/emotionally inspired self-written poetry/yellow mead spiral-bound notebook bought from Safeway!!!


It led me to start thinking about what IS important to me....what I do value....and what I will not hand over and sacrifice.  I am not a materialistic or egomaniacal or demanding person.  But, this is one thing you cannot demand ownership of..............my thoughts, my ideas, my musings.  Learn a lesson and inventory your own thoughts, and keep your own notebook.  And don't bully someone else to hand over theirs, and claim ownership.  


Protect yourself, and your intellectual property, pupils!


CLASS DISMISSED! 

Postscript:

Please note that the above cartoon is NOT MINE...I didn't draw it, and I don't lay claim to it.  I would credit the orginal cartoonist, however, I cannot find his/her name on the site where I found it.  Here is the original link, however, which is my best attempts at crediting the artist:  http://blogs.saschina.org/pudongtok/2010/09/16/intellectual-property-why/