vision magazine #5 january 2011

Hispanic Chamber of Commerce of Metro Orlando Visión | 1

2 | Visión Hispanic Chamber of Commerce of Metro Orlandowww.OUC.com

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Hispanic Chamber of Commerce of Metro Orlando Visión | 3 VISION

contentJanuary 2011

Issue #5

HCCMO Update

By Diana Bolivar

EmotionalIntelligence What is it? Can I Get It and is it Contagious?

By Maritza Martinez

Networking StrategiesBuilding Lasting Relationships By Hernan Tagliani

The Time is NowA Goal Without a Date is Only a Dream

By Jerry Ross

Effective Strategies For A Successful BusinessStart Your Own Business Today!

By Rosalina Stober

From Work To PlayThe Other Orlando

By Christine Peña

CopyrightsProtect Your Ideas

By Yasmin Tirado-Chiodini

“Fair Use” of Copyrights

By Yasmin Tirado-Chiodini

Why Export?Keep Your Business Alive in a World With No Barriers

By Kenneth R. Mouradian

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P.18

P.12

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P.15P.22

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4 | Visión Hispanic Chamber of Commerce of Metro OrlandoVISION

Diana BolivarEditor in Chief

Iancarlo SuárezCreative & Art Director

Angel Aviles Conrad Santiago, CFP,

MSFS/Ameriprise Financial Services, Inc.

Tony LagosRollins College

Martiza MartinezUniversity Of Central Florida

Robert NewlandNewland Associates

Giorgina Pinedo-RolonGio Communications Inc.

Rosalina StoberHispanic Business Initiative Fund

Hernan TaglianiThe Group Advertising

Gaby OrtigoniOUC: The Reliable One

Pam LedfordSeminole State College of Florida

Carlos M. ColomboEx-Officio

Colombo, Hurd & Brandt

Leticia M. Diaz, PhD.Director

Barry University School of Law

Cristy PennellDirector

CenturyLink.

Kari E. ConleyDirector

Orlando Health

David J. MaxonDirector

Progress Energy

Irma E. StenmanDirector

Metro Orlando EDC

Lucas BoyceDirector

Orlando Magic

Jose LopezDirector

Medieval Times

Giorgina Pinedo-RolonDirector

Gio Communications Inc.

Lou Carrión HBIF Representative

Maritza MartinezDirector

University of Central Florida

Sharon C. SmoleyDirector

Advanced Disposal Central Florida, LLC

Betty Martínez-LowerySecretary

Walt Disney World Co.

Luz B. AvilesTreasurer

OUC: The Reliable One

Ramón OjedaPresident

Diana BolivarVice President

Marilen MarnettEvents & Operations Manager

Mugette Baco Administrative Assistant

Luisa GarciaAdministrative Assistant

Yasmin Tirado-Chiodini, Esq.Chair

Tirado-Chiodini, PL

Antonio L. CaraviaChair-Elect

Exterior Walls, Inc

Scot A. SilzerLegal Advisor

Silzer Law Chartered

editorial team

HCCMO staff

HCCMO board membersExecutive Board

Board of Directors

Iancarlo SuárezGraphic Design & Social Media Coordinator

Christine PeñaMarketing & Sales Coordinator

www.hispanicchamber.net

One Landmark Center 315 E. Robinson St. Suite 465Orlando, FL 32801 407.428.5870


Exciting Opportunities for 2011!

Florida has been hard hit by the economic recession and 2010 continued to be a difficult year for small businesses, yet many were able to stay afloat. 2011 looks to be more promising for small businesses as new opportunities arrive for Hispanics in Central Florida in both the technology and medical fields along with our ever growing tourism industry.

I continue to believe the future of the Hispanic community shines brighter than before, as new demographic data indicates strong growth for business in 2011. Aside from the tourism industry and all of its momentum with Disney’s multiphase improvement of Fantasyland and The Wizarding World of Harry Potter at Islands of Adventure still going strong, there are businesses emerging in new industries such as biomedicine in the medical field and also in the long-established yet growing simulation industry. Technology is fast and growing and Central Florida has become a mecca for such growth and prosperity.

2011 will be a year of perseverance and resilience for our Hispanic entrepreneurs and small business owners. We need to continue to tighten our financial belts and be cost effective by carefully analyzing our return on investments and value-added costs and expenses. Eventually, we will see prosperity in our area.

Our new governor, Rick Scott, has promised 1.71 million new jobs and although not an easy task for the governor, we should do our part to hold him to this promise. As Floridians, we need to get involved at the local and state level. We must work together to make business success again a common word used in our everyday vocabulary.

The Hispanic Chamber will continue to bring you opportunities for business and economic growth in 2011. We hope you join us for more of our events in the in the coming year as we look forward to serving and seeing you!

Happy New Year 2011!

Ramon Ojeda

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6 | Visión Hispanic Chamber of Commerce of Metro Orlando

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With the success of the first conference, we are proud to present to you our second annual Hispanic Business Conference on Friday, April 29, 2011, the premier B2B event of the year. The conference will include a full breakfast with an expert panel discussion on doing business with large corporations, a lunch with a special keynote speaker, and admission to all of the tracks and sessions which are available including Marketing Strategies, Minority Business Development, Leadership and Professional Development seminars.

The Hispanic Business Conference is presented by the Hispanic Chamber of Commerce of Metro Orlando to educate, motivate, and build business opportunities for entrepreneurs, leaders and business professionals, to enhance economic development and improve the quality of life in Central Florida.

“The caliber of the Hispanic Business Conference shows that our region is the fastest growing in the national Hispanic market. This conference was a valuable tool for those who are serious about escalating their market reach and profits. The overall organization of the event was excellent; and the topics discussed in the tracks were of great relevance to our business community. Great Job, HCCMO!” -Tom (HBC 2010).

Do not miss this great opportunity to network with your colleagues, business owners and professionals. Tickets for this unique conference are now available. Visit www.hbcexpo.com for more information.

HCCMO UpdateBy Diana Bolivar

Some of the distinguished visitors included Florida’s Attorney General Bill McCollum, Orange County Mayor Richard Crotty, Chief Financial Officer Alex Sink, Raul Rodriguez from “Despierta America”, Tito Nieves, Melina Leon, Adlan Cruz, Sammy and more.

“The huge success of the 17th Annual Hispanic Business and Consumer Expo is the result of several combining factors: teamwork, community, leadership, and partnerships,” said Ramón Ojeda, president of the Hispanic Chamber.

The 2011 Expo will bring great changes to make the experience even better! We are going to be adding more space at this year’s expo as we will also have an entire section for entertainment, including a main stage with a fashion show and more than 15 international artists, a Kids World, and many more professional development seminars.

The main expo room will feature a fantastic health fair, media from all Hispanic television, radio, newspapers and magazines along with artists who will be displaying their beautiful art work, domino tournaments and many local businesses who will showcase their products and services. Expo 2011 is a great opportunity for your business to be showcased to over 300 vendors and over 15,000 central Florida consumers! It is the premier B2B and B2C event of the year! Booths are already being sold and space is limited.

To purchase your booth today and for more information visit our website at www.hbcexpo.com.

18th Annual Hispanic Business and Consumer Expo is just around the corner!

A leading event in its category, last year’s annual Hispanic Business and Consumer Expo (HBC Expo), hosted at the Hilton Orlando, turned out to be a great success with over 15,000 attendees and more than 300 vendors who featured a wide display of products and services from Hispanic and non-Hispanic entrepreneurs to large corporations from Central Florida. The Expo included the “Feria de Salud” health fair, free small business entrepreneurial and motivational seminars, networking opportunities, Latin entertainment, art gallery, and an outdoor mercado. The HBC Expo has been a success for 17 years and we continue to focus on the quality of the expo in providing the best service and experience for everyone. This year’s expo is no different! In fact expect much more from our 18th Annual Hispanic Business and Consumer Expo which will be held at the same location, the beautiful Hilton Orlando on April 29, 30 and May 1st.

The mission of the Expo is to provide an environment to strengthen the economic development and community integration between businesses and the Hispanic community in the region.

A few of the companies who participated in 2010’s Expo included Bright House Networks, Walt Disney World, Orlando Magic, JetBlue Airways, Orlando Health, State Farm, Florida Hospital, SunTrust, Arata, Walgreens, Promedical, Humana, BlueCross Blue Shield of Florida along with many small businesses who are chamber members.


Self-regulation validates that individuals have little, to no control, over when they experience emotions. However, individuals do have some authority over how long a certain emotion will be experienced and recognize that there are a number of tools available to mitigate negative emotions, i.e. depression or anger.

Some best-practices to address negative emotions include re-evaluating the entire situation in a more positive light, prayer or meditation. Self-regulation involves self-control, trustworthiness, conscientiousness, adaptability and innovation. A quick overview of these elements describes self-control as one’s ability to manage disruptive and non-productive impulses; trustworthiness relates to holding oneself to high standards driven by honesty and integrity; conscientiousness speaks to taking ownership of your actions and their outcomes; while adaptability and innovations speak to flexibility and open mindedness, respectively.

Motivation addresses the importance of clear goals and a positive attitude. Granted, individuals may have a predisposition to either a positive or negative attitude, however, through intentional effort, one can learn to reframe negative attitudes as they surface – viewing these instances through a more positive lense will result in higher satisfaction and greater goal attainment. Motivation includes achievement drive, alignment of one’s goals with those of the organization, preparing oneself to take advantage of

Business

By Maritza Martinez Director, University of Central Florida Office of Community Relations

EMOTIONAL INTELLIGENCE WHAT IS IT? CAN I GET IT AND IS IT CONTAGIOUS?

Emotional Intelligence (EI) is your ability to understand other people’s feelings, emotions, facial and postural expressions. Emotional Intelligence is your ability to infer what motivates others based on their non-cognitive signals

so that you can react appropriately to their body language, voice inflections, needs, etc., resulting in greater collaborative scenarios and overall success for all parties involved.

A robust body of research supports that people with high emotional intelligence, on average, achieve more success in life than those with lower EI, even when their IQ is average. EI is an important predictor of desired organizational outcomes such as job performance, job satisfaction, organizational loyalty and commitment.

It is widely accepted that EI is made up of five components: self-awareness, self-regulation,motivation, empathy, and social skills (Goldman, 1995).

Self-awareness is the ability to recognize an emotion as it develops or makes itself apparent. Developing self-awareness requires the ability to evaluate your own emotions as they “happen” and managing them in real-time. Self-awareness’ major elements are: (1) emotional awareness, relating to your ability to recognize your own emotions and their impact and, (2) self-confidence, which speaks to your self-worth and capabilities.


…So, IN CONCLUSION, is EI a bunch of touchy-feely bologna? Not so fast! How successful you are personally and professionally is determined by both, your IQ and your EI. Psychologists generally agree that among the cornerstones for success, IQ represents only 10 percent (25 percent at most!) and the balance is made up of ‘everything else’ including EI. A study of Harvard graduates in business, law, and medicine, revealed a zero correlation between IQ and subsequent career success. So, the next time you unwillingly and awkwardly reach for a hanky for a bawling colleague or roll your eyes at someone’s untimely emotional outburst…count your blessings as armed with this new-found knowledge you can come to their aid or turn the situation around in a most advantageous form for all parties!

Business

EMOTIONAL INTELLIGENCE WHAT IS IT? CAN I GET IT AND IS IT CONTAGIOUS?opportunities and to a degree, seizing these opportunities and pursuing one’s goals with resolve.

Empathy refers to one’s ability to monitor one’s own feelings and emotions, as well as those of others, to be able to discriminate among them, and to use this information to guide one’s thinking and action. The more skilled you become at deciphering the true feelings precipitating others’ body language, the better equipped you will be to control your own signals and ability to reframe your posturing resulting in collaborative interactions. Empathy includes anticipating and recognizing others’ needs as they unfold; assisting others in their development and self-actualization by reinforcing their abilities. Empathy also underscores political awareness which includes understanding of a group’s power relationships.

Social skills allow you to wield influence, to be a good communicator, to inspire and guide groups, to serve as an agent of change and to aid in conflict resolution credibly.

Recent studies in this field advance the positive correlation of EI and general self-efficacy (e.g., Chan, 2004; Gundlach, Martinko, & Douglas, 2003; Adeyemo, 2007; Humphreys, Brunsen, & Davis, 2005; Salami, 2007). These studies support that EI significantly predicts self-efficacy in such a way that employees with a high level of EI exhibit a high level of self-efficacy. One probable explanation for this association may be that persons with high EI are more experienced at assessing, reframing, and controlling their emotions, as a result, they experience more confidence and obtain more successful outcomes over the tasks performed, which in turn, perpetuate their efficacy beliefs. Additionally, employees with higher EI are more aware of their abilities and limitations, and as such, continually enhance themselves through additional training, exposure, and seek out mentoring opportunities. to enable them to act on opportunities or to address self-perceived deficiencies; this also contributes in determining their self-efficacy level.

Furthermore, the results of the studies cited above revealed a positive relationship between EI and organizational commitment. The positive association between EI and organizational commitment might be attributable to the fact that employees with high EI are better able to recognize, manage, and use their emotions than employees with low levels of EI. Employees with high EI use this ability to progress and eliminate the obstacles faced in their professional and personal-growth paths.

Selecting employees who have high EI has a positive impact on the extent to which an organization succeeds in retaining its most critical asset, its workforce. A study of store managers in a retail chain found that the ability to handle stress through EI predicted net profits, sales per square foot, sales per employee, and per dollar of inventory investment (Lusch & Serpkenci, 1990). Futhermore, research has also shown that emotionally intelligent employees develop emotional attachment to their organizations and are more committed to the success of the organization (Carmeli, 2003).


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Networking is one of the keys to success for a business owner, job seeker or anyone in a management position. Developing and maintaining key connections is an essential tool to establishing new clients, finding new business and building your brand.

There are many organizations that promote different industries and play a key role with networking in local chapters all over U.S. It is important to attend chapter meetings and become involved as a member. Potential clients and employers are waiting for you. The key to success is to know how to present your business and yourself.

Here are some tips to keep in mind:

1Be curious: In order to become privy to available networking events, you should do some research by surfing the Web for different organizations. Also, look in the calendar section of local business newspapers or through

social media networks (for example, Facebook and Twitter). Most of the time, if you are not a member, you can attend these events by paying a small entrance fee. I encourage you to do this first before becoming a member. You can have a taste of the mission of the organization and see if it is the perfect fit for you and your business.

2Be on time: The perfect time to mingle with people is to arrive at the event 15 or 20 minutes before the event starts. If you attend a seminar, business lunch or breakfast, your chances to get people to know you are higher if you

arrive prior to the event.

Networking

8 ESSENTIAL NETWORKING STRATEGIES

3Be prepared: When you attend these events, it is important to have a speech ready about you and your company. Breaking the ice and

the first impression counts. Most of the members will be interested in speaking with you because you are a new face to the group. So, you may have something important to offer them or they might have something important for you. It goes both ways. Also, have some business cards ready to pass along to the group.

4Be remembered: After exchanging business cards with potential clients or employers, it is important to touch base with them within

48 hours after you meet them. Many people are short-minded and they forget things easily.

5Be involved: When you become part of an organization, you are part of the community and there are different roles to keep in mind.

This means helping the organization sponsor different events or donating your time by becoming part of the board or committees. Members of the organization are more willing to establish a business relationship with you if they see an active role from you in the community.

6Be a role model: Most of the time non-profit organizations offer different seminars for their members. Sometimes they invite

key speakers to talk about different topics. If you can be a sponsor of these events or be part of a speakers panel, this will not only give you great exposure for your business but also will increase your level of credibility and reputation in the local community.

7Be courteous: Never forget that when you started in the organization, a lot of people helped you in the beginning and you should

reciprocate your help and connections to new members.

8Be successful: Success is not only measured by the annual sales of your company but it is also measured by your involvement and role

in the community. Be involved. You never know who might be knocking at your business door tomorrow.

By Hernan Tagliani President-CEO, The Group Advertising


In the spirit of full disclosure, I admit that I am an optimistic entrepreneur. Always have been, I always will be! As an entrepreneur, I have a tendency to be more positive than negative, I see every challenge as an opportunity,

and believe that hard work and a positive attitude can overcome a myriad of shortcomings. So, now that you know that about me, it should come as no surprise that I believe that 2011 can be a fantastic year for Central Florida entrepreneurs and entrepreneurial minded employees everywhere.

We have endured more than two years of economic challenges and uncertainty, however, history shows that many of today’s corporate giants started in very difficult economies! General Electric, Walt Disney, CNN, Microsoft, Hyatt Hotels, and Burger King all started in recessionary times and have grown to become household names. Chaotic times always produce opportunities…especially for those who recognize them and take decisive action.

Cover Story

THE TIME IS NOW!By Jerry Ross Executive Director of the Disney Entrepreneur Center


Cover Story

Whether you are working for Microsoft, or you are considering starting the next Microsoft, it’s time to get started on making 2011 pay off! The last few years have many corporations rethinking their corporate strategies, structure, supply chains, and their core competencies (maybe you have done this in your own organization). Executives are looking for creative and innovative thinkers within their ranks who might have ideas on how to adapt to the “new economy.” If you are prepared to offer creative solutions to your organization, then 2011 may be your year to shine.

If you are running a small business, experts predict 2011 to be somewhat better than last year although most analysts believe we will see a slow recovery. Existing businesses have become more willing to consider new suppliers, new perspectives, and new approaches if they can identify efficiencies or a reduction in expenses. So, now is the perfect time to review some basic action items that can position you to capture those new business opportunities this year.

1)Revise Your Business PlanIf you don’t have a written business plan, write one now! Tim Berry, President of Palo Alto Software (Business Plan Pro Software) compares a business plan to a car’s steering wheel. “You need it to guide you, it enables you to adjust to the curves and twists in the road, however, even when you are on a straight road, a steering wheel still requires a little adjustment.” This is an excellent illustration for a business plan… you will constantly need to make adjustments to “steer and adjust” your business, and your business plan insures that you stay on the right road and pointed in the right direction. Do you know what your core competences are? Do you need to expand your offerings? Who are your best clients? Will that change in the future? Where do you make the most money? Knowing the answers to these questions are critical to your success, and knowing those answers now will positively impact your results for the rest of 2011.

2) Examine your ExpensesWhether you are starting a new business, or just retooling your existing one, closely review each of your expenses and eliminate any that are not absolutely necessary to maintaining the business or directly contribute to increasing sales. I have significantly reduced expenses in my businesses by regularly reviewing the various categories of expense (insurance, travel, communications, overhead, etc.) to uncover duplication, billing errors, or simply adjusting plans to match changes in my operations. (Research studies indicate that over 80% of phone billing is incorrect so that may be a good place to start!) Remember, when you reduce an expense, the money you save drops directly into your cash flow!

3) Sell SomethingFocus intently on making a profitable sale...today. Call each of your existing clients and ask for new business. Pull out the files of the “old” clients and call them too! Go to a networking event. Call on one new prospect. Re-focus your energy on making sales, not just being busy! Zig Ziglar, the legendary sales trainer says, “nothing happens anywhere until somebody sells something.” Enough said!

4) EngageSeek opportunities to learn and to interact with other business people. With the speed of change today, it is imperative that you stay engaged with other business people to capitalize on emerging trends and the advice or experience of others. Renew your commitment today to attend more Hispanic Chamber events, or to connect with HBIF. You must remain connected and engaged in the business community. Taking classes at the Disney Entrepreneur Center is another good way to improve your knowledge and skills, while also mingling with other like-minded folks. Learning is a life-long process.

5) Control your Attitude Each day the media bombards us with negative news and dire predictions. Bad news captures attention but it doesn’t do much for keeping a positive “can-do” attitude! It is extremely difficult to maintain a positive and productive attitude when we are treated to the tragedy du-jour, or worthless predictions by clueless opinion-ators. Consider the quality, knowledge, and any underlying agenda of your information sources before you invest time in reacting or making any business decisions.

We cannot control world events, or even how they are reported to us, but we can control how we react to the world around us. We must diligently protect and control our attitudes and our emotions. It requires ongoing diligence and an occasional refocusing on the things that are truly within our control, (our daily business activity) but it can be done. Typically, if ten good things happen in a given day, will we all repeatedly re-live and remember the ONE bad incident? That tendency is deadly for your productivity and creativity...so don’t do that! Let it go and spend some time on what went “right” today too.

Monitoring your attitude and controlling your emotions will have an immediate impact on your productivity, and the productivity of those around you. Choose to focus on what is within your control, do your best, quickly apologize for your mistakes, and then work to keep all the negative noise in perspective. This will provide you with more productive time building the business and it will reduce your stress significantly!

Central Florida has weathered this recession better than most Florida cities and is poised for a slow recovery. We remain a worldwide tourist destination, with a world class airport. We are home to UCF’s Business Incubation Program and The Disney Entrepreneur Center. The Amway Center has recently opened, the Citrus Bowl just hosted two nationally televised bowl games, and our new performing arts center is in the construction pipeline. Central Florida is home to a burgeoning “medical city”, a “high tech corridor” and prospects are good that we will begin construction soon on the commuter and high speed rail systems. That’s not just unfounded optimism, simply a business observation.

Recent years have produced some extreme economic challenges for small businesses. As we emerge from this recession, I believe that Central Florida is the place to be for those who are willing to build a strong financial foundation, think creatively, engage with others, and keep a positive attitude…but the time to do that is now!

By Jerry Ross Executive Director of the Disney Entrepreneur Center


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EFFECTIVE STRATEGIES FOR A SUCCESSFUL BUSINESSThe promise of unlimited earning potential. Excelling in your niche. Answering to no one.

Starting your own business can be one of the most rewarding decisions you ever make, and being as informed and prepared as possible is a determining factor for whether or not you truly are paving the way to your own version of the American Dream.

As an economic development organization, the Hispanic Business Initiative Fund (www.HBIFFlorida.org) is dedicated to training entrepreneurs to achieve optimum success in their business. We urge our clients to implement various strategies right from the start and throughout the life of the business to grow closer to achieving entrepreneurial success.

By Rosalina Stober Vice President of HBIF


STARTING UPFrom the moment you decide you want to own a business, it’s most important to do your research. Just because you sell a product or service does not mean that anyone will buy it. Research the market. Who and where is your ideal customer? Is the market saturated? Can you make a profit from this target audience? Who is your competition?

Next, determine how much money you need. Assess what you have. It’s easy to gloss over certain potential line items, but you will be thankful later if you are conservative in your estimates of how much you’ll need and how much you’ll profit. Consider the startup costs. We recommend that you have the total of your startup costs plus six to 12 months of fixed costs.

For example, let’s say you want to open a restaurant. If you need $100,000 to start and $10,000 to operate on a monthly basis, then you will need a total of $160,000 to $220,000 to start. It will be important to hope for the best, but be prepared for the worst-case scenario. If you need financing for the business, how will you get it? What is your credit score? Do you have any collateral? In addition to traditional lenders, there are various funding sources to consider, which we can help identify.

One of the most important strategies for a long-term successful business is to enlist a sharp, dedicated team of advisors. At

the very least, we strongly recommend that the entrepreneur work with a business attorney and an accountant to help determine the business structure and form of ownership.

The attorney will also help draft contracts and review lease agreements. The accountant will assist you in establishing good bookkeeping records and office procedures and will assist with tax planning. Hire a business consultant or consider enlisting the assistance of a non-profit like HBIF for counsel and assistance with financial projections, marketing plans and everything in between.

Branding is crucial at the inception of the business. Once you’ve developed your business plan, you’ll want to develop your corporate image and your marketing plan. This should always be one of your top concerns, but in the beginning be sure to select the right name and look for the business.

The business name can say a lot about your company. Choose a name that is simple and memorable. Consider hiring a graphic designer or marketing expert to get off on the right foot. The fact that you’re a small business or you work out of your home does not mean that you cannot portray yourself as a large enterprise offering reliable products or services. There are certain tricks to making your business appear more established.

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Cover Story

BUILDING AND THRIVINGNow your business is up and running. Once you’ve launched the business, keep these strategies in mind to ensure operational success.

Negotiate, negotiate, negotiate. To impact your bottom line, keep in mind that you can renegotiate debt with creditors. The Fair Debt Collection Act allows for debt renegotiation and does not allow abusive communication between creditors and debtors. Did you sign a lease before the downturn? Now is a good time to see if you can renegotiate your lease. Find out how your rent compares to other rents in the area. Have rents dropped in the past two years? You may want to consider subleasing or ask the landlord to extend the number of months on the lease in order to reduce the monthly payment.

One of the most successful strategies in today’s business world is to create strategic alliances. If you are reading this, you likely are a member of the Hispanic Chamber of Commerce, so you already recognize the value of this strategy. Chambers and leads groups are an excellent place to start as you build your network. You may also want to consider offering your time as a speaker on your topic of expertise.

Forging partnerships will allow you to cross promote your services. Volunteering your services in the right dose and for potential customers or referral sources also helps build your client base. Do not discount the power of the Internet to help keep in touch with all of your stakeholders.

Understand your costs. Play on your strengths and delegate or outsource tasks that will require too much of your time. This will give you more time to focus on marketing and sales and will result in an increase in productivity. It is important for you as a business owner to understand how a dollar comes in and how it goes out of your business.

Focus your time on qualified clients. Developing business and marketing plans will help you determine who your qualified clients are. Qualify your clients and learn to say no to those who do not have the potential to yield the result you are looking for. Ask yourself if the client needs the product or service. Does the client have the money to spend? Is the client motivated when it comes to your offering?

From the beginning and as your business evolves, it will be necessary to assess what your competition and clients are doing. Understand your Key Performance Indicators (KPIs). This will allow you to understand standards in your industry. These performance indicators include number of clients, unit sales, sales per product, cost per unit, labor cost for product, sales per employee, cost per square feet, sale cycle, etc.

Including all of these and revising them yearly in a dynamic business plan will continue to help you conform to the market and achieve your goals. To ensure that you are as financially efficient as possible, create a mapping and tracking system of your financial goals.

When it comes to your clients, create quality systems to track client satisfaction. Client surveys are an excellent tool to stay abreast of client satisfaction or any issues with your product or service.

Constantly reassess your business model. Try your hardest to simplify it. This leads to more savings, lower overall costs and higher productivity and profits. Eliminate unnecessary steps to reduce the cycle time. If you are selling or brokering a product, focus on products with large volume, at a low cost and that are easy to manufacture.

Even though owning a business can be the fulfillment of a lifelong dream and one of the best decisions you make, it requires investment of time and money, no matter what line of business you choose. Following these strategies will help ensure that you are able to achieve the goals you set and reach the full potential of your business.

HBIF is the leading nonprofit economic development organization providing bilingual entrepreneurial training and counseling to Hispanics in the state of Florida. HBIF can help you with business plans, marketing plans, Web site development, access to capital, and Quickbooks® training.


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By Yasmin Tirado-Chiodini Attorney at Law, Tirado-Chiodini, PL

PROTECTING YOUR INTELLECTUAL PROPERTY: COPYRIGHTS

Background

The term Intellectual Property refers to ideas, inventions and words or designs that are used to distinguish a product or business. The protection of intellectual property provides a

competitive advantage that will differentiate a business from its competition and will help the business become a market leader. Some inventors or authors register their intellectual property and then license it or sell it for profit.

The laws in the United States provide various ways to protect intellectual property. The three main kinds of legal tools provided are: Trademarks, Copyrights and Patents. There are other forms of protection, including the Trade Secret.

Trademarks protect distinctive indicators (such as names or logos) used to identify products or services to consumers, Copyrights protect the expression of an idea (such as a song, a book or a painting), and Patents protect an idea (such as a process or design).

The articles on this intellectual property series will discuss in general the legal protection afforded by each of the above tools, the logistics of registration, and the estimated cost of obtaining their protection. The first article in the series focuses on trademarks.

What is a Copyright?

The ©opyright protects original works by authors, including literary, dramatic, musical and artistic works, as well as others, published and unpublished, such as such as poetry, novels, movies, songs, computer software, and architecture. A Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect their expression.

The federal law offering Copyright protection in the United States is the Copyright Law of 1976. The owner of a Copyright receives the exclusive right to reproduce the protected work, the right to prepare derivative works of the original, the right to distribute and make copies, and the right to make demonstrations or


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presentations of the work. Copyright protection occurs the very moment a work is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Since the protection afforded by a Copyright exists from the moment the work is created, there is no need to register the copyright. However, similar to a trademark, the protection obtained when registering the Copyright at a federal level is greater than the protection afforded by common law.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of the copyright, with certain limitations. A registered Copyright may be eligible for statutory damages and attorney’s fees in successful litigation. Also, if the Copyright is registered within 5 years of publication, the registration is considered prima facie evidence in a court of law. Simply put, registering the Copyright makes it much easier to show the registrant is the owner of the rights to the work.

In contrast with a trademark registration, a single symbol, the ©, is used with both, the federal registration and for common law protection, and it is used by the copyright owner as a means of giving notice to others of the rights protecting the work.

Copyright protection is afforded to the first person who registers the work. By way of illustration, imagine the following scenario: An original author is a composer and is singing an original song while taking a shower. This song has not been previously registered or protected in any way. The original author’s neighbor, “Juan Lemon” hears the song his neighbor is singing, while watering his lawn. Mr. Lemon takes a liking to the song and thinks it could be a hit. He runs to his house and immediately writes down the song. Shortly thereafter, he files a Copyright registration naming himself as the author. In a situation like this, the original singer is “out of luck,” because it will be very difficult to prove his authorship against Mr. Lemon’s. Without having registered it or recorded his ownership in some way, he will likely lose the copyright.

As is the case with a trademark, with the copyright there is a common law protection. For visible works, this can be notified to the public by simply writing the symbol © next to the year of creation and the name of the author. For example: © Copyright 2008, Yasmín Tirado-Chiodini. This protection only alerts the public that “Yasmín Tirado-Chiodini” claims the copyright to such work. For sound recordings, the nomenclature used is the letter P in a circle (instead of the ©), the year of first publication of the sound recording, and the name of the owner of the copyright in the sound recording.

The owner of a copyright has the right to reproduce or to authorize others to reproduce their work in copies or phonorecords (e.g., cassette tapes, CDs or albums.) This right is subject to certain limitations under the Copyright Act of 1976. One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years.

There are various instances and purposes under which the use and reproduction of a particular copyrighted work may be allowed without the owner’s permission and considered “fair use.” This includes criticism, comment, news reporting, teaching, scholarship, and research. The law states four main factors to be considered in determining whether or not a particular use is “fair use:”

1) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2)The nature of the copyrighted work

3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4) The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between “fair use” and “copyright infringement” is not very clear or defined. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

As described in the Article of Copyrights in this issue of Visión Magazine, a Copyright protects the expression of an idea, and it does not extend to any ideas, systems, or factual information conveyed in the work. Although these elements are not protected by the copyright, they may be protected by another form of intellectual property law, and the user must verify this protection before using the work without permission.

Acknowledging or crediting the source of the copyrighted material does not substitute for obtaining permission. Therefore, the safest course is always to get permission from the copyright owner before using copyrighted material. If this is not possible or practicable, the unlicensed use of copyrighted material should be avoided, unless the doctrine of fair use would clearly apply to the situation. If there is any doubt, it is advisable to consult an attorney.

“FAIR USE” OF COPYRIGHTS: When can you use copyrighted works without permission?By Yasmin Tirado-Chiodini, Attorney at Law and Entrepreneur


Registration Services

The Copyright registration process by an attorney may entail, at a minimum, a client counseling session, a legal analysis of the work to be registered and general research in common law and, agency databases. The service also entails completing forms, conducting client interviews and briefings, potential exchanges with agency, and other necessary services to further the registration.

An applicant should be weary of using non-qualified providers, and should engage a qualified legal provider who will focus on the successful registration of the Copyright.

Conclusion

In conclusion, although common law Copyright affords its owner certain rights, registering a Copyright with the Library of Congress may make it easier to show ownership in a court of law when it becomes necessary to assert the owner’s rights to the work. It can also provide a competitive advantage that differentiates the business from its competition, help a business become a market leader, and safeguard the business and its owner’s investment. Registering a Copyright is a worthy investment, particularly because of the low registration fees. The Copyright owner should procure registration services from qualified providers to ensure registration success and long-term cost minimization.

The next articles of the Intellectual Property series will cover Patents, and Trade Secrets, as well as the importance of using Confidentiality and Non-Competition Agreements as a useful resource to protect a company’s intellectual property from loss during ordinary course of business.

If someone copies the work, and the author has not registered it, the author must demonstrate in court that she is the original author. This can be very costly when compared with the cost of registration, as described below.

In the case of “Juan Lemon”, if after Mr. Lemon registers the copyright he fraudulently copied, the original author produces evidence that he created it and tried to protect it with the © symbol, there is a possibility of recovering the copyright in a court of law. This process is not effortless and may be costly. Therefore, it is more productive to avoid the above scenario by registering the work.

Copyright Registration and Cost

The applicant can register a copyright by submitting two copies of the expression (the song or book, for example) to the Library of Congress. The agency cost of a basic application is $35 if it is submitted online, and fees start at $50 if it is submitted in writing, depending on the type of registration. Attorney costs vary.

For works in existence but not published or copyrighted on January 1, 1978, the law automatically gives federal copyright protection.

Duration of Copyright Protection

For works created after January 1,1978, the protection offered by a copyright lasts 70 years from the death of the author. For works “made for hire” (e.g., created by an employee for an employer, or commissioned by another) and anonymous and pseudonymous works, the duration of copyright is 95 years from first publication or 120 years from creation, whichever is shorter.

For works in existence but not published or copyrighted on January 1, 1978, the duration of copyright in these works is generally computed the same way as for works created on or after January 1, 1978: life plus 70 years or 95 or 120 years, depending on the nature of authorship. However, all works in this category are guaranteed at least 25 years of statutory protection. The law specifies that in no case would copyright in a work in this category have expired before December 31, 2002. In addition, if a work in this category was published before that date, the term extends another 45 years, through the end of 2047.

Clarification

The reader must note that the copyright protects the expression of the idea, not the idea itself. If the idea is an invention that can be patented, the owner must then patent it in order to protect it. For example, a drawing of an ice cream machine may be copyrighted. The invention or idea of the actual machine, as a functional and useful device, may be protected through a patent. The machine’s aesthetic design can also be patented. Patents will be discussed in a separate article in the Intellectual Property series.

Registration Agency Contacts

The Library of Congress handles Copyright registration and information can be accessed through the Website http://www.Copyright.gov. There is no state registration for Copyrights.

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Copyright © 2008-2010 Yasmin Tirado-Chiodini. All Rights Reserved. Yasmin Tirado-Chiodini is a business attorney and entrepreneur practicing business law in Central Florida. This article is an excerpt from her book “Does Your Compass Work? Practical Guide for Florida Businesses.” For more information, contact her at [email protected] or visit www.doesyourcompasswork.com. This article does not intend to provide legal advice. For legal advice, the reader must consult an attorney of their preference.


If your competition is exporting, they’re achieving better economies of scale in production than they would otherwise have, which is another way of saying that they’re buying more from their suppliers and, therefore, getting better prices. If they’re getting better prices, they can afford to cut their prices to become more competitive in the U.S. and abroad. If

they’re exporting and you’re not, they’ll eventually be able to drive you out of the market by cutting prices to a point where you can no longer compete. Export is a means to stay alive in a world without barriers to the movement of capital, goods, services, technology and software.

Export is a means to survive economic hardship. When the U.S. market goes down, the chances are good that there is a market somewhere in the world that is doing well. If your sales are diversified in many markets, you can use the markets that are up to support your operations in markets that are down until the down markets come back again. If you’re not exporting, you’re completely exposed. Export is a means to survive.

Export is a means to even out sales cycles. If what you sell is seasonal, for example, you can offset lows in your sales cycle in the northern hemisphere with sales in the

southern hemisphere. Export is a means to survive.

Export is a means to become a more agile company. If you’re adapting your products and services around local tastes and preferences in foreign countries, you’re not likely to be shocked when a given buyer asks for something out of the ordinary. In fact, satisfying their needs may simply be a means of hobbling together solutions that you’ve already developed for various export markets.

If you’re fast, flexible and cost effective, you’ll get the business. If not, the business will likely go to the other guy. Again, export is a means to survive.

Ninety-five percent of the world’s population and 70 percent of the world’s purchasing power are outside of the U.S. Otherwise

stated, we’re only 5 percent of the world’s population and 30 percent of its purchasing power. Why limit yourself?

A word about statistics as it relates to import/export1)They give you a snapshot without telling you what took place before the series or afterwards.

2)They’re out of date the minute they’re published.

3) There’s usually no explanation of the trend you’re seeing.

4)They encourage “group think”. What’s good for some companies may or may not be good for your company. There are no good markets and no bad markets. There are only markets that are good for your company, given it’s appetite for risk and its resources. Blindly following statistics or market trends is a good way to lose money, and possibly lose your company.

5) Sometimes there is an up or down tick in statistics that can be accounted for by a natural disaster, economic shock or some other transient happening. Always ask an expert for an explanation of the series that you’re seeing and research the market until you are satisfied that you understand what accounts for the trend. What are the regulatory requirements for entry? What are the non-tariff barriers to entry? (Non-tariff barriers may include things such as exchange rate manipulations, customs surcharges, lengthy customs procedures, unreasonable standards, unreasonable inspection procedures, import licenses, to name but a few.) Do you have the resources or interest to handle this market? Some markets you can’t do without and others are just not worth your energy, even if you have the resources to handle them.

Internationlal Business

WHY EXPORT?By Kenneth R. Mouradian Director, U.S. Department of Commerce, Orlando U.S. Export Assistance Center


From Work To Play

By Christine Peña Marketing & Sales Coordinator, HCCMO

THE OTHER ORLANDO

When we think of Central Florida we tend to think of the theme parks, a mouse with red pants or a wizard flying on a broomstick. We forget all the nature Central Florida has to offer. Florida is known for its beautiful springs, nature walks, native animals, and so much more. A few favorites are Tibet Butler Nature Preserve, Wekiva Springs, Ecosafari, and Shingle Creek Trail. Walk with me into another world…The Other Orlando!

First stop: Tibet Butler. This natural Orlando preserve is 440 acres of Florida wilderness. When first arriving at Tibet Butler you will be greeted by a peaceful tortoise right by the preserve offices, surrounded by flowers and a variety of greens. A ranger will greet you and present you a map of the six trails and what to look for on your adventure. As you begin your journey through Tibet Butler, you will notice within the 440 acres of natural Florida wetlands, flatwoods, and scrub communities. You are guaranteed to see

ospreys, bobcats, turkeys, and owls while walking on the trails. While taking a break on your journey, you can relax on a bench overlooking the edges of one of Central Florida’s greatest lakes, Tibet Chain of Lakes. The most peaceful spot on the preserve is the “Osprey Outlook.” It’s a covered pavilion where you can enjoy the sounds of nature. If you have a pair of binoculars or a camera with you, there will be plenty of wildlife to capture.

Second stop: one of Florida’s beautiful state parks, Wekiva Springs! If you want to experience and get a taste of where the Timucuan Indians fished and hunted, then you’ve found the right place. Grab your camping gear, canoe, and kayaking equipment and get ready to live the adventure! Just in case you don’t have a canoe or a kayak, there are some available for rent. You can swim in Wekiva’s beautiful cool spring, but it’s also a place to go camping, have a picnic with the family and, with thirteen miles of trails, take the opportunity to go hiking, bicycling, and horseback riding. If you choose to camp and live a day in the life of a Timucuan Indian, then you have the choice of a full-facility campground or

primitive camping areas. Let me just say the Timucuan Indians did not have full-facility campgrounds. Some of the animals to look out for when going through your Wekiva adventures are coyote, rabbits, deer, gray fox, bobcat, raccoon, opossum, and black bear…oh my…so be careful. When canoeing and kayaking look out for the cows of the sea - Florida manatees. You will see these friendly mammals swimming around along with a lot of other water animals.

Third stop: Shingle Creek, the headlines of the famous freshwater wetlands, the Everglades. Shingle Creek is the major water source for Lake Tohopekaliga, which is part of the Kissimmee Chain of Lakes. There are many exciting places to discover here at the headwaters of the Everglades. While walking through the different trails, you will discover Cypress, gum trees, and wet prairies that ring pine islands, which are signs that you are in wetlands. In these wetlands, you’ll find your chance to go fresh water fishing! Bring out your fishing poles and canoe. While fishing, you can also enjoy the beauty of the headquarters of the Everglades. Did you bring your binoculars and/or camera? Well, in these wetlands there are a variety of wildlife to be discovered and captured in a photo, such as white-tailed deer, alligators, wild turkey, and wading birds!

Last stop: Florida Ecosafaris, 4,700 acres of Florida’s wildlife. Ecosafaris will offer you safaris for the entire family: the thrilling Zipline Safari, adventurous Horseback riding, and comfortable Coach Safari. Are you ready to Zip? Zipline Safari will have you soaring 55 feet off the ground at a speed of 25 miles per hour. It’s a smooth ride through Pine Flatwoods, over

wetlands, and over native Florida wildlife. Another way of adventure is taking the Coach Safari. It’s a two-hour journey deep into the conservation area and 5 feet off the ground for a fantastic view of everything. Third, you can choose one to three hours on the Horseback Safari, which features trails first used by Native American Indians in the 1500’s. The best thing about Ecosafaris is that they give back 30 percent of revenues to the conservation effort with the goal of acquiring additional lands to be preserved at Forever Florida.

Now that you know a little about “The Other Orlando”, go out there and create your own adventures.


8

APRIL 29 - MAY 1, 2011

www.hbcexpo.comRESERVE YOUR BOOTH TODAY!

Hilton Orlando


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To learn more about participating in our Supplier Diversity Program visit www.minoritybusiness.wdwpublicaffairs.com

Where Diversity Means Business !Where Diversity Means Business !

vision magazine #5 january 2011

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