Bovarnick 

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    JUST IN CASE

    An e mail newsletter from Bovarnick & Associates                                      January 2008

Community Engagements

Rob was chosen to be a judge for the Drexel University Business School 2008 Business Plan Competition.

He has also been asked to speak to a select group of Janney Montgomery Scott clients and market makers in February, 2008.  Rob will be speaking on "Sports as a Metaphor for Turnaround - the Story of Bill Parcells."

 

 

 

 

 

Interview

Kerry Johnson

The Nation's Business Psychologist 

 

Kerry L. Johnson, MBA, Ph.D. is a best-selling author who speaks at least eight times a month all over the world, traveling 8,000 miles a week.

 

In addition to speaking, Kerry heads a personal coaching company.  Professionals from around the world use him and his coaches to increase business usually by 300% within weeks.

 

Kerry currently writes monthly for 15 national trade and management magazines whose editors have dubbed him "The Nation's Business Psychologist."  He is also the author of six best selling books, including: Mastering the Game (Louis & Ford), Peak Performance:  How to Increase Your Business by 70% Within 6 Weeks (Prentice Hall), and Willpower:  The Secrets of Self-Discipline.  His weekly newsletter on sales psychology, The Winning Edge, is read by thousands around the globe.

 

In the 1970's, Kerry spent two years competing on the International Grand Prix Tennis Tour.  He played both singles and doubles matches against some of the world's top tennis players.  Kerry was also recognized by the U.S. Jaycees as one of the Most Outstanding Men in America.

 

 

Why did you become an executive coach? 

 

"I have been a speaker since 1981.  Speeches disappeared for about a year after 9/11 due to the fact that convention attendees were afraid to fly.  I then started focusing even more on coaching after that time. With coaching you can keep people on track speaking with them once a week.  I really enjoy seeing my clients progress.  I enjoy taking someone from $200,000 to $2 million, from not being confident to being confident and growing their business from 1 office to 10.  That is a rush for me."

 

What is your process and methodology for improving performance? 

 

"We do three things.  First, we put together a game plan so they know what they have to do to hit their goals.  This stage is very quantitative.  We then try to find out how many contacts they have to make, how many clients they have to see to hit their financial goals for their business.  Second, we rebuild their basic skills such as develop a system for gaining referrals, probing for customer client needs and presenting solutions and finally show them techniques they can use to close more business. The third step we engage in with coaching client are advanced skills.  Those skills include Branding or becoming unique in your market; Target Marketing, so they become a household word with the people they talk to and Hiring and Retaining Great People.  This includes motivating people to perform better than for any employer they have worked with."

 

How do you develop networking skills if your personality is reserved? 

 

"We try to teach them to first create an elevator speech.  Our clients have to first determine what it is they do that is unique and interesting about them.  If their listener doesn't keep eye contact, the elevator speech isn't connecting.  If the listener drifts then they don't have it.  Once they have done the speech, they have to be able to bridge it by developing a relationship.  Let's say I am an attorney. I might say we protect clients from capricious lawsuits.  After the elevator speech, they can then bridge by asking the last time you were involved in a law suit.  The last part is the process of creating an

opportunity by asking a questions."

 

What is the profile of a good leader? 

 

"There are four leadership styles. First, laissez-faire leadership! This is the benign neglect behavior of most managers. They show up at work, do their job hoping their employees get something done and go home.  They do a retreat once a year.  They just show up.  The second leadership style is the Theory X manager.  He unsuccessfully tries to motivate by throwing emotional bombs asking, "Why are you late, why didn't I get this", etc.  The Theory Y manager was originated by Bill Ouchi from UCLA. The Theory Y manager shapes behavior and motivates using praise. Praising people is easy to do but necessitates consistency. Praising needs to be done once a day per person. The fourth management style is that of the inspirational leader. Like retired GE CEO Jack Welch, this manager tried to take you to the next level by motivating  inspiration, appealing to your sense of accomplishment and aspiring to lofty goals. He or she gets you to come a half hour early, going the extra mile, taking ownership of your job as a mission to be accomplished.  When Former pro football star and Congressman Jack Kemp was quarterback at Occidental College, his coach told him he was the best leader he had ever seen. The coach told him he could inspire greatness in all the players taking them to a national championship. The team needed his leadership.  Thirty years later Kemp went to a college reunion and found the coach had told everyone the same thing. That is inspirational leadership."

 

 

From your years of experience, what separates successful people from everyone else? 

 

"Consistency and discipline!  What I have noticed about successful people is doing what you say you are going to do and being consistent at it.  If your plan is to make three appointments per day, make three appointments per day.  If your game plan dictates making 3 client contacts and you agree to this rigor, then just do every single day. This sounds simplistic, but anyone I have coached has had remarkable success by being consistent."

 

What skills do you need to motivate people?  

 

The best skills are knowing how to praise and reprimand.  We need to praise people once a day, which means more than money to nearly all employees.

Make it frequent.  The first step is praising in front of other people because it raises morale.  Second, be specific with the praise duplicating the behavior you praise them for. Third, praise them globally about what a great job they are doing overall.  The three step reprimand is also important. But it is critical to reprimand people when they need it, not when you get so angry, you can't hold it in any longer.  First, always reprimand people in private.  Two, reprimand the behavior not the person. Be specific in what you reprimand.  Three, it's important to praise the person at the end.  If they come in late, reprimand the behavior by telling them the pressure it puts on other staff  and the importance of being on time.  But then mention they are doing great and you are glad to have them, but they can't be late."

 

How do you get someone to change their mindset from thinking they are going to fail to knowing they can succeed?

 

"It goes back to consistency.  Sticking to game plan.  Doing the things you know you need to do to be successful over and over again."

 

To see if you are a candidate for this fast track system, click on www.KerryJohnson.com/coaching and take a free evaluation test.  You will learn about your strengths and what is holding you back.  Or call 800-883-8787 for more information.

 

 

 

Issues Relating to Logo and Copyright Ownership

  Evening Bulletin

"ASK THE ATTORNEY"

by

Robert M. Bovarnick

 

I hired someone to prepare a logo and a brochure.  I paid him.  He now says the work is his and, if I want it, I have to pay him more money.  Is he correct?

 

The answer depends on two things.  The first is whether the person who prepared the logo and brochure was your employee working within the scope of their employment.  The second is, assuming the person was not your employee, did you have a "Work for Hire" agreement.

 

The copyright laws provide protection for "original works of authorship that is fixed in a tangible medium expression."  Original works of authorship include things such as text, music, photography, graphics and artwork.  When you own a copyright, you actually own a "bundle of rights" including the right to reproduce the work, the right to sell or transfer, the right to display and the right to perform.

 

The question comes up as to who is the owner and entitled to utilize the "bundle of rights."  To answer this question, you need to know who the owner of the creation is.  Where the person who created the items is an employee working within the scope of their employment, the work belongs to the employer.  In order to make this determination, it is necessary to look to general common law of agency as to whether the work was prepared by an employee or an independent contractor.

 

If it becomes apparent that the work was created by an independent contractor, the only way you have rights to it is if you entered into a "Work for Hire" agreement.  A work for hire agreement alters the identity of the creator of the work.   If a work is a work made for hire, the purchaser becomes the creator, as if the true creator never existed.  The courts have ruled differently as to whether the work for hire agreement must be entered into before the work starts.  It is certainly a better practice to enter into the work for hire agreement before the work has started.  However, if there is some reason why it wasn't, make sure that the writing confirms a prior agreement, either explicitly or implicitly made before the creation of the work, that the work was, in fact, a work for hire.

 

Copyrights are transferable.  The law requires that a copyright transfer must be in writing.  A copyright assignment must specify which exclusive rights are being transferred, as well as any contingencies upon which the transfer is based.  Copyright assignments must be recorded in the U.S. Copyright Office.  Remember, both the copyright registration and the copyright assignment must be filed, each of which requires a separate form and fee.

 

As with most things in life, make sure you have ducks lined up before you start something.

 

 

 

 

 

I enjoy being able to share with everyone the Firm's continuous growth and development.  Whenever you get the chance, pick up the phone or send me an email and let me know how you are as well.

 

 

Sincerely,

Rob

 

 

 

Bovarnick and Associates, LLC. | Two Penn Center Plaza | 1500 J.F.K. Boulevard | Suite 1310 | Philadelphia | PA | 19102