Licensing Frequently Asked Questions
Q. How long does the license last?
A. There is no expiry date to the license. Your license
allows
you to use my design and methods for as long as you like.
Q. What is the price of a license?
A. There is a onetime license fee of $250. This
licenses you to make up
to 50 vases each year. A royalty equal to 5% of the sales
price of additional vases is payable annually.
Q. Are classes at your studio available?
A. Yes, but only in conjunction with a license
purchase. After you have read the written explanation of
my methods we can schedule a week at the studio at
additional cost. The fee includes a reasonable amount of
materials and should result in some finished vases of your
own to take home.
Q. What is the cost of classes?
A. In 2015 the fee for a five day training session which takes a licensee through
the manufacturing process is $1250.00
Q. How would royalty payments be calculated and paid?
A. I hope to continue with the assumption that most people are
honest. All I ask is for an annual signed statement of sales and a
payment based on the agreed upon royalty (stated in the license).
Payment can be by cheque or using Paypal.
Q. How would I receive my license and the information?
A. You would receive a numbered and personalized
license document by mail. The information will
accompany the license on a USB Flashdrive.
Q. Am I certain to get a license and the information if I use the
buy button?
A. No I reserve the right not to issue a license. I
want to be sure of the identity of my license holders and
have a principal to principal contract with them. You will
be asked to sign and return a simple contract before the
license is issued. CLICK
HERE TO SEE SAMPLE CONTRACT).
If I do not issue you a
license I will refund your payment in full
Q. Apart from your license fees. How are the other start up
costs?
A. The tools required are not expensive. You should be able to
buy the tools and enough material to get started for under $1000.
Q. Will your license prevent me from selling my business?
A. It should not do so providing the prospective buyer
accepts the terms of the license. You may teach my
designs and methods to the buyer and sell the license as part of the
business. The license is transferable after registering the name and
address of the new owner with me. The license must not be
duplicated, meaning that you cannot also continue to use my methods yourself without buying another license.
Q. Will you want any control over my business after I buy a
license?
A. No. You can develop it as quickly or slowly as you wish. You
can sell items wholesale, retail, online or not at all. Use of my
name or the term Vaseguy in promotional material is optional. I do
require that you annually provide me with a signed report on the
value of the items sold along with any applicable royalty
payment.
Q. Is there a patent or anything protecting the designs?
A. I did not seek a patent on my stone vase design. I may
have been able to patent some particular fundamental elements such
as the decorative use of broken natural stone edges on a vase or including a
glass liner to waterproof a masonry vase. There is no doubt that doing so
would have been expensive and if successful may have left me in the
position of challenging the right of people to make items that were
really only similar to mine in one aspect.
I have carried out extensive searches, including patent searches,
looking for vases like mine or items made using similar techniques
or with similar features. I have not found any item or patent for an
item that is substantially similar. I therefore feel comfortable in
my claim to be the originator.
I chose to go ahead with producing and marketing vases, which in
effect published the design of the vase including the fundamental
elements like those above. In fact, I believe publishing the design
gives me the protection I and my licensees need because although I
cannot claim exclusive rights NEITHER CAN ANYBODY ELSE.
An invention cannot be patented if knowledge of it is
already in the public domain. To be granted a patent, an
invention must not have been published. My well documented production and sale of glass-lined natural
stone vases over the past years would be considered evidence of prior art.
Should anyone attempt to claim a patent. The application
would fail because of the lack of innovation.
In any case there is no patent, (which is one of the reasons that
my license packages are priced as low as they are). Prospective
licensees should do their own search if they have concerns
that similar items may have already received a
patent.
Of course my writing, diagrams, photographs etc. that I use to explain my processes
have copyright protection.
Licensee's must acknowledge this protection in the License Sales
Agreement which specifies that the information is not for publication.
My license is perhaps best seen as a how to book which includes
confidential disclosure of trade secrets under a contractual
relationship. People who have such a confidential relationship are legally
bound to keep the information a secret.
Preventing manufacturing information from publication will
slow down the development of competition but should not be expected
to eliminate its potential. Imitation is a sincere form of flattery
and should be expected. The best protection from competition is to
be FIRST and (using the training I can provide) quickly place
quality items into the best outlets in your area.
Q. I'm confused. Is it published or not?
A. You have to make the distinction between the vase design and
the instructions for making the vases.
Because I have been advertising and publicly selling my vases.
The design is considered to be published or put another way, to be
in the public domain.
The instructions for making the vases have never been
distributed or disclosed. The writing, diagrams and
photographs are available only as confidential disclosures
in a contractual relationship and are therefore
unpublished.
Q. If there's no patent why should I buy a license?
A. I don't want to prevent anybody from experimenting
with my medium. If you think you know how to make vases
like mine and would like to give it a try, I suggest you
do so even if you don't think you should pay me anything
for the idea. Just don't ask me for advice.
I do think that the license cost will be saved many
times because my instructions and advice provide a
shortcut to the production of a proven design using proven
methods. This is particularly important for people hoping
to start a profitable local niche business. They need to
establish themselves as the competent local expert by
offering quality items right away. A quantity of high
quality items deters copycats because they are intimidated
by the standard they would have to meet. Putting out a few
half baked versions can have the opposite effect by
triggering imaginations that might bring competition
before you have the competency to withstand it.
I'm hopeful that at least some of the people who are
moved to their own experimentation after seeing my work
will realize the benefit of access to years of
experience.
Q. What are your qualifications?
A. I attended art school in the U.K. for a period of
five years. Technically I am qualified to teach art
classes at the art school or university level though I
have never done so. Majoring in sculpture gave me
instruction in just about every technique that has been
used to make art and an interest in looking for more.
I received some modest success as an exhibiting painter
with my work being included in group exhibitions at the
Vancouver Art Gallery and purchased for the City of
Vancouver art collection.
More recently I have involved myself in the
"applied arts", working in leather, silver,
paper-mache and stone. I have twenty five years
experience in selling artwork directly to the public. For
the last fifteen of those years I have focused on the
production and sale of my glass-lined natural stone vases.
Q. I would not want to do all the work myself. If I can't
disclose your methods how can I train help?
A. The contract does prevent you from passing on the information
without my written consent. However in the personalized foreword to
the license I will authorize providing information to the extent
needed for training purposes. Of course I also stress the need for
caution and ask for the use of non disclosure agreements with all
employees.
Q. Do you include advice on any health hazards associated with
the process?
A. Where I feel I am able to provide health related
advice that is not obvious and a matter of common sense it
is included. For example, I do make suggestions for
lessening dust production but I do not include a "put
on a mask statement" on every occasion where it might
be prudent to wear one. Also I do not claim that my advice
is all encompassing or will provide protection from all
the possible hazards associated with working with
machinery, glass, natural stone and masonry materials.
While my methods and system are innovative, the materials
are not new. The potential hazards of mineral and cement
dust are well understood and documented elsewhere and I
urge anyone with health related concerns to do their own
research before taking out a license.
Q. Will you allow refunds?
A. No. I have always had a no quibble return policy for my vases
but I think that to offer the same with my licenses would be
inviting theft. After all information, once received cannot be
returned.
Q. What if I can't understand the instructions. Is
there any after sales service?
A. My commitment is to explain the process. If there is
any part of the instructions that is not clear to you I
will rephrase it and send additional pictures and diagrams
if needed.
PLEASE CONTACT ME IF YOU HAVE ADDITIONAL QUESTIONS.
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Updated Feb-2015
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