The Guide to Creating and Protecting Your Intellectual Property

In the past couple of weeks, I’ve had several conversations with industry colleagues about how we’ve managed to copyright our intellectual property.

It’s no surprise I think every communications pro on earth has something they can, for lack of a better term, productize. And every agency should absolutely differentiate their process by having it copyrighted.

So when colleagues call asking for help, I love to walk them through the nitty-gritty of it all. And the first thing I start with is this: “It literally takes 10 years to have overnight success.” So if you think you can copyright your process or a framework or some other intellectual property and you’ll suddenly be famous for it, think again. 

It takes ten years. Ten long, excruciating years of putting all of your blood, sweat, and tears into it. But you have to start! And today is better than a year or two from now.

Just like if you plant a fruit tree today, you have to wait several years for it to bear actual fruit. You have to plant it, though, or the fruit will never come to fruition.

The Intellectual Property Journey

The journey of creating and protecting intellectual property isn’t just about legal documents and registration forms. Sure, you need those things, but it’s more about building something uniquely yours that solves real problems. 

Whether you’re an independent consultant crafting a signature approach to crisis communications or an agency developing a proprietary measurement framework, your intellectual property is the culmination of your experience, insights, and proven methodologies.

Yet many hesitate to formalize their processes. They worry their ideas aren’t original enough, or they get caught up in the perfectionist trap of waiting until everything is “just right.” 

The reality is that your unique perspective and approach—even to solving common industry challenges—can and should be protected.

Every time you successfully guide someone through a complex communications challenge, you’re likely following a repeatable process you’ve refined through years of experience. That process, when properly documented and protected, becomes more than just your way of doing things—it becomes a valuable asset that differentiates you in the market and creates new revenue streams through training, licensing, or productized services.

What You Can—and Should—Copyright

Let’s start with your process or methodology. Think about how you approach communications challenges. Do you have a specific way of conducting audits, managing crises, or measuring results? These frameworks aren’t just internal procedures—they’re valuable intellectual property. 

Take the PESO Model® as an example. What started as a strategic approach to the way we did work for our clients has become a globally recognized framework, driving both revenue and industry recognition. We put more into the evolution and building of that framework than in anything else we do—and it’s paying off.

While you may not start with a framework that takes an industry by storm—I certainly didn’t—there are smaller chunks you can consider as you build to something larger, such as proprietary frameworks, templates, and tools. 

These might include client onboarding documents, campaign planning templates, or measurement dashboards. While the basic concepts might be common in our industry, your unique approach to organizing and implementing them can be protected. It’s not just about the end product—it’s about the specific way you’ve structured and presented the information.

Your educational materials deserve protection, too. This includes courses, training programs, workshops, and ebooks. Even if you’re teaching widely-known concepts, your specific way of explaining them, your examples, and your exercises are all copyrightable material. This becomes particularly important if you plan to scale your training programs or create passive revenue streams.

Visual assets are often overlooked but crucial to protect. Your agency’s logo, brand name, and unique graphics aren’t just design elements—they represent your brand’s value. Protecting these through both copyright and trademark registration ensures your brand’s visual identity remains exclusively yours.

Finally, don’t forget about your thought leadership content. Original research, white papers, and industry reports represent significant investments of time and expertise. When you publish groundbreaking findings or innovative analysis, protecting that intellectual property ensures you maintain control over how it’s used and distributed.

The Intellectual Property Roadmap 

Building valuable, recognized intellectual property isn’t a sprint—it’s a carefully planned marathon that requires patience, persistence, and strategic execution. Like I said earlier, it will take you 10 years to have overnight success, but I have a roadmap for you to follow. This will help you feel like you are making progress versus waiting 10 years to see results.

Years 1-2: Documentation and Foundation 

The first step is simply getting your process out of your head and onto paper. During these initial years, focus on documenting exactly how you do what you do. What makes your approach unique? What steps do you follow? What problems do you solve? 

This doesn’t have to be perfect—it just needs to be clear and comprehensive. 

Create flowcharts, develop visual models, or write detailed process documents. The key is capturing your methodology in a tangible form that others can understand and follow.

Years 3-4: Public Usage and Content Development 

Now it’s time to start sharing your framework with the world. Integrate your methodology into your blog posts, social media content, presentations, and client proposals. Talk about it consistently and confidently. Create content that demonstrates how your framework solves real problems. 

This period is about building recognition and association—you want people to start connecting your name with your approach. You’re not just sharing information; you’re establishing ownership through consistent, public use.

Years 5-6: Legal Protection 

With several years of documented use and refinement behind you, it’s time to formalize your legal protection. And the best way to do that is to call Sharon Toerek at Legal & Creative. She and her team have been instrumental in not just protecting the PESO Model for us, but giving me the confidence I needed to share it with the world.

It will cost you some money, but the investment will be worth it in the long run. 

Years 7-8: Proof and Authority 

These years focus on building an irrefutable case for your framework’s effectiveness. Collect detailed case studies showing your methodology in action. Gather client testimonials that specifically mention your framework by name. Create comprehensive documentation of your approach’s success. 

This evidence serves two purposes: it strengthens your market position and provides crucial documentation if you ever need to defend your intellectual property.

Years 9-10: Recognition and Establishment 

By this point, your framework should be becoming industry shorthand—when people discuss approaches to your specific niche, your methodology should be part of the conversation. You’ll likely see others referencing your work (properly attributed, hopefully) in their own content. Your framework might be taught in colleges, professional development courses, or mentioned in industry publications. This is when your early work starts paying off.

Beyond Year 10: Maintenance and Enforcement 

Reaching the decade mark doesn’t mean your work is done. Now you’ll need to actively monitor for unauthorized use of your intellectual property and enforce your rights when necessary. This might mean sending emails asking for proper attribution or cease-and-desist letters if they don’t oblige, negotiating licensing agreements, or in some cases, pursuing legal action. This isn’t the super fun part, but it’s necessary. 

You’ll also want to continue evolving and updating your framework to maintain its relevance and value.

Balancing Open Sharing with Protection

The greatest challenge in building valuable intellectual property isn’t just creating it—it’s finding the sweet spot between sharing your work widely enough to build authority and protecting it carefully enough to maintain its value. Chip Griffin always says to me, “Be careful that the PESO Model doesn’t become QTips.” 

I keep that in the back of my mind as we continue to evolve the model and ensure it’s up-to-date with the latest and greatest things offered to the marketing and communications industries (such as how AI affects it). 

This balance is crucial because no one will know about your work if you share too little. But if you share too much without protection, you risk losing control of your intellectual property.

When we first introduced the PESO Model in Spin Sucks the book, it represented a tactical approach to using four media types in a campaign or program. At the time, the integration and silo breakdown was less evident, but as we began to use it more widely with clients, those two things—and the ability to measure it—became the cornerstones. As we realized that was the real value, we began to talk about it, and we began to see widespread adoption.

It was scary, though. It was incredibly important to me (and still is) to offer it for free to the industry, but it also needed protection to maintain its integrity and commercial potential.

Openly Sharing Your Intellectual Property

We’ve navigated this challenge for the PESO Model with open sharing and protection.

Our open sharing strategies include:

• The basic framework was openly shared through blog posts, speaking engagements, and industry publications, allowing marketing communications professionals to understand and begin implementing the approach.
• Visual representations of the model were made freely available, encouraging discussion and adoption.
• Case studies and implementation examples were regularly published, demonstrating the model’s effectiveness.
• We worked directly with undergrad programs at a handful of schools, so it was integrated into their teachings. 
• The core concepts were taught openly in industry forums and professional development sessions.

How We’ve Protected the PESO Model

And we have protected it by:

• Trademarking the name “PESO Model,” ensuring brand control.
• Reserved more detailed implementation guides and training materials for paying clients and course participants.
• Established and enforced clear attribution requirements.
• Formalized legal protection through proper registration and documentation.
• Developed usage guidelines to maintain consistency in how others could reference and use the model.

The Benefits We’ve Reaped

This balanced approach has yielded several benefits:

1. The open sharing created widespread awareness and adoption.
2. The protection mechanisms preserved commercial opportunities.
3. The clear attribution requirements built brand recognition.
4. The controlled access to detailed materials created valuable revenue streams.

The key to this success was a strategic decision about what to share freely and what to protect more carefully. 

The basic framework—the “what” of the PESO Model—has been shared openly, while the detailed “how”—the specific implementation strategies, measurement approaches, and advanced applications—has been protected through various mechanisms, including licensing, paid training, PESO Model implementation services, consulting, and licensed materials, such as books, guides, and videos.

What You Can Take Away

Here is what you can take from our experience:

1. Share your core concepts openly, but maintain control of detailed implementation guides.
2. Use clear attribution requirements in all shared materials.
3. Develop premium content and training for paying clients.
4. Establish and enforce usage guidelines.
5. Register trademarks and copyrights for key elements.
6. Create multiple revenue streams from your protected intellectual property.

The goal is to share your intellectual property strategically while maintaining control of its commercial value. Your framework or methodology should be well-known enough that people want to use it, but protected enough that they need to engage with you to get the full value from it.

How to Stop Intellectual Property Theft

OK, now that you have loaned your intellectual property out to the industry, you have to be vigilant in stopping its theft. I’ve been shocked at how many people take it and change a couple of words to pretend they created it. And I’m not just talking about inexperienced professionals. Large corporations have done it, too. Just when I don’t think I can be any more surprised, something happens that makes me think, “Wow. This one takes the cake.”

The challenge is that most universities aren’t teaching students how to attribute work they find online. They may tell them they can’t use certain sites, like Wikipedia, in their research, but they don’t teach them how to attribute the work they do find and use in their homework.

I’ll bet I spend at least two hours every week politely (I hope it’s politely!) teaching students how to attribute the PESO Model to us in their published works. It’d save me a lot of time and money if students were taught the right way to handle it from the beginning. Alas.

You, too, will spend a lot of time protecting your intellectual property in this way. Don’t get frustrated. Most just don’t know and are very happy to fix it, once you point it out.

Types of Intellectual Property Theft

The most blatant form of theft occurs when someone simply removes your name from your framework or methodology and presents it as their own. This often happens with visual frameworks or process documents—someone finds your work, removes your branding, and starts using it in their own materials. This is particularly common with downloadable resources or presentations that can be easily modified.

A more subtle form of theft happens when competitors repackage your intellectual property into their own services. They might take your methodology, change some terminology, rearrange the steps slightly, and present it as their unique approach. While they may not be copying your work word-for-word, they’re still appropriating your intellectual property.

Another frequent issue is when your paid content—like course materials, training resources, or premium templates—appears on free sharing sites or gets distributed without your permission. This not only violates your copyright but directly impacts your revenue streams.

This stuff happens all the time.

Your best recourse is to be absolutely vigilant in fiercely protecting what is yours. And remember that not all unauthorized use is malicious—sometimes, people simply don’t understand intellectual property rights or proper attribution requirements. 

Starting with a professional, educational approach often resolves the situation without escalation. At the same time, don’t hesitate to take stronger action when necessary.

Monetizing Your Intellectual Property

While protecting your intellectual property is crucial, the real power comes from turning it into sustainable revenue streams. Your methodology or framework isn’t just something to defend—it’s a valuable asset that can generate significant income when properly monetized.

Licensing presents one of the most scalable opportunities. By creating structured licensing agreements, you can allow other agencies, companies, and professionals to use your framework while maintaining control and generating recurring revenue. This might include different licensing tiers—from basic usage rights to full implementation packages with training and support.

Training and certification programs offer another powerful monetization path. Once your framework gains recognition, professionals will want to demonstrate their expertise in using it. 

You can develop:

• Online courses teaching your methodology
• In-person workshops for deep implementation
• Certification programs that create authorized practitioners
• Train-the-trainer programs to scale your reach

Premium content hubs can transform your intellectual property into ongoing subscription revenue. 

This might include:

• Detailed implementation guides
• Case study libraries
• Template collections
• Regular updates and new applications
• Community forums for practitioners

The key to successful monetization is creating clear value tiers. Your basic framework might be publicly available, but the detailed implementation guides, training materials, and support resources become premium offerings. 

This tiered approach allows people to understand the value of your intellectual property before investing in deeper access and implementation support.

Start Protecting Your Intellectual Property

Every one of us has something unique to offer—a special approach, a proven process, or a revolutionary framework. The question isn’t whether your work deserves protection, but rather how soon you’ll start protecting it.

Your unique way of solving problems represents years of experience and refinement. It’s more than just “how you do things”—it’s intellectual property that deserves protection and can provide value for years to come.

Start with the basics today:

• Write down your process step by step
• Document your unique approaches
• Begin using consistent terminology
• Consider basic copyright registration
• Start the trademark process for key terms

Building valuable intellectual property is a journey, not a destination. Every major framework or methodology in our industry started with someone deciding to document and protect their approach. The PESO Model® wasn’t built in a day, and your framework won’t be either. But you have to start somewhere.

The best time to protect your intellectual property was when you first created it. The second-best time is now. Don’t wait for someone else to copy your work before you take action. Start today, even if it’s just opening a document and beginning to write down your process.

Your future self—and your future business—will thank you.