Professional Documents
Culture Documents
2
In This Issue February 23, 2010
8 Testimonial videos: all On the Harvard Health Publications exposure can be beneficial and the
you had to do was ask Website, a question flashes: “What is rewards profitable.
sleep apnea?” A video begins with As with anything else, there are levels
Lawrence Epstein, M.D., telling what sleep of expertise. Rick Groleau, manager of
apnea is and how it can be diagnosed Web media and technology for Harvard
and treated. Then you can order their Health, studied video at highly regarded
book, Improving Sleep: A guide to a good Emerson College so “flash animation”
night’s rest—in electronic and/or print. and “white balance” roll off his tongue.
These SIPA members have hopped on But Gale acknowledges that his is not “a
the video bandwagon that’s YouTubing super-slick production; but it works for
its way around the world. In talking with our audience. We pretty much have a
the people behind these sites, Hotline video camera and a tripod.”
found that it does not have to be all that Stephanie Ivy, president and pub-
difficult or expensive to start producing lisher of EB Medicine, launched a
video on your sites—and the increased VIDEO... continued on Page 7
8229 Boone Boulevard, of new launches, breakout performances and winning goals.
Suite 260 Despite the tough world economy, ing: Building Profit! Digital Strategies
Vienna, Virginia 22182
703.992.9339 800.356.9302
SIPA Munich 2009 welcomed 81 attend- for Success in Today’s Informational
fax 703.992.7512 ees from 14 nations, 14 speakers from 6 Marketplace will put 18 speakers into
www.sipaonline.com nations, and 30 publishing houses last the limelight from eight nations. It will
Printed on Recycled Paper year. Attendees came from Greece, also feature an interactive program with
Published monthly as a service Slovenia, Slovakia, Czech Republic, roundtables, panels and networking
to members. ISSN: 0749-1255
© 2010 Specialized Information Poland, France, Bulgaria, United King- breaks, a traditional Bavarian dinner in
Publishers Association. dom, Austria, Hungary and Italy. the heart of Munich, and, according to
Printed by OmniPrint Tough to top? Hardly. SIPA Munich those closest with the conference,
Content Management by Cranium Softworks
Fulfillment system from CWC Software, Inc. 2010: Specialized Information Publish- MUNICH....continued on Page 2
S p e c i a l i z e d I n f o r m a t i o n P u b l i s h e r s A s s o c i a t i o n
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McMeekin Joins TCL Institute
Nancy McMeekin has become the new CEO for TCL
SIPF awards entry deadline
Institute, a medical education and communications approaches; recognition
company in Cary, N.C., the heart of Research Triangle.
McMeekin served as president of SIPA in 2006-2007 and helpful to 2009 winner
chair of the International Publishers Conference in 2006. Brochures with entry forms are in the mail and posted
She was president and CEO at Oakstone Publishing prior online for the 2010 SIPF Marketing and Editorial Awards!
to joining TCL Institute. The deadline for entering is April 2. Robert Michel,
Founded in 2000, the company provides medical editor-in-chief of The Dark Report, won last year for
education through activities offered via in-person Investigative Reporting. He emailed to tell about some
meetings, symposia and teleconferences, online interac- very nice reactions to that award.
tive tools, handheld devices and printed materials to “Everyone on staff here was quite excited at the news
physicians, surgeons, nurses, physician assistants, nurse of a first place award for ‘Best Investigative Reporting’
anesthetists and other health professionals throughout during SIPA Foundation’s 2009 Editorial Excellence
the U.S. and Canada. Awards last June. That is one of the best rewards from
this recognition. It is an affirmation by peers that the
story which took immense effort—and not a little risk—
SIPA Marketing Conference Speaker to research, validate and bring to the public was judged
Becomes a New Fellow for SNCR to be important and worthy of this recognition. It is also
Doug Haslam, a supervisor at Voce Communications an example of how a specialized publisher can serve the
and a speaker at SIPA’s November 2009 Annual Marketing public with information that had gone previously
Conference, has been named a 2010 fellow by the Society unrecognized or ignored by traditional news outlets.
for New Communications Research, a global, nonprofit “The bigger surprise for us was the response of our
research and education foundation and think tank readers and subscribers. Following our announcement
focused on the latest developments in media and com- that we had won, for several months we regularly got
munications. SNCR Fellows collaborate on research emails and comments from readers congratulating us on
initiatives, educational offerings, and the establishment the story and the award, and encouraging us to ‘keep up
of standards and best practices focused on the advanced the good work.’
study of emerging trends and developments in media “This experience made the rather small bit of time
and communications, and their effect on business, required to complete the entry and describe the process
professional communications, media, culture and of developing the story to be quite worthwhile. Around
society. our offices, everyone on the staff is motivated and
looking for similar stories that are important and would
go untold if not covered by [us]. Among our readership—
Forecast for 2010: Evaluate Your Leads and including several prominent news outlets—The Dark
Angela Hribar, chief sales and marketing officer of
Report has a heightened respect.
GlobalSpec, Inc., writes about lead nurturing in her 2010
“Collectively, the positive outcomes from our submis-
forecast:
sion [should] encourage any other specialized publisher
“With marketing budgets still tight and competition
to submit entries for their best work. It is also another
for new customers increasing, every lead you generate
important way to support our profession.”
must be carefully evaluated and nurtured through the
sales cycle. Sales and marketing teams will devote more
time and resources in 2010 to working together to better Clean lists, week in review and
manage existing leads, resulting in better conversion
rates and higher ROI on marketing programs. Successful
display ads: ideas emerge from
lead management begins with the quality of the leads SIPA roundtable
you generate and whether you gain contact information Editor’s Note: Greg Krehbiel, director of marketing
and other valuable data such as your prospect’s interest operations for Kiplinger Washington Editors, participated in
area. Seek out marketing programs that deliver this type SIPA’s “small publishers’ roundtable” last month. The
of information rather than just anonymous clicks to your following is his synopsis of the meeting:
Website. And be sure to get your sales and marketing It was a good event with lots of interesting discussion
teams working toward common and agreed upon goals about problems people have faced and hurdles they’ve
for lead management.” overcome. This list won’t do justice to everything that
was said because it’s gone through a “what Greg cares
Send in your promotions, awards, changes of venue about” filter, but ... for what it’s worth, here are my notes.
and other newsworthy tidbits to rlevine@sipaonline.com. + It’s important not to confuse your “best practices.”
HOTLINE 3
S p e c i a l i z e d I n f o r m a t i o n P u b l i s h e r s A s s o c i a t i o n
For example, best practices for the subject line of a from annual to quarterly billing and saw an increase in
promotional email may be different from best practices renewals from 70% to 80%. The price point was about
for the subject line on a daily, content-based email. $180 a year.
+ For free, content-based emails, one story per email + If customers have had their subscription budget
is more effective than a single email with multiple cut, you might be able to keep them by billing them as
stories—partly because you can link the subject line of “consulting services.”
the email with the content if there’s only one story. + It’s hard to come up with a decent Adwords strat-
Note: Phil Ash, publisher, Capitol Information Group, egy for a general interest publication like The Kiplinger
adds to this point: Letter. It covers tax, but it’s not a tax letter. It covers HR,
“Numerous publishers, including our but it’s not an HR letter. So it doesn’t work to do tax- or
www.BusinessManagementDaily.com, are having success HR-related keywords. One participant suggested the
with a Week In Review e-letter. The format is typically five following solution: Create a landing page that highlights
headlines and teasers representing the single topic a list of premiums in areas covered by the newsletter
stories that ran Monday through Friday. In our case, the (e.g., tax, HR) and structure the Adwords campaign
WIR goes out on Friday and covers the Monday through around terms associated with those words. (I’ll let you
Thursday stories while also running a Friday ‘story’ that’s know if it works.)
really a link to a sales letter landing page. + Do display ads really work? How can you know?
“The open rates for the WIR edition are the same as Clicks under-estimate them and “views” over-estimate
those for our single-topic editions. The click-throughs them. Here’s a test that might resolve the question. (1)
are much higher since we don’t include the full article in create a Google Optimizer experiment where variation A
the WIR but do in the other dailies. And the Friday story drops a retargeting cookie, and variation B does not; (2)
is our best sales driver. There are numerous other varia- set the “thank you” page in your store as the target page
tions on this strategy that we have tested and will in the experiment. Group A will go out into the wide
continue to test. But this is working well for us now.” world and see your retargeting ads. Group B will not.
About this, Krehbiel later noted: Compare the behavior of the two groups.
“The exception is a scheduled email—where people
come to expect it on the same day every week. In that
case, it’s the newsletter itself that gets people to open it,
not the individual subject.”
Legal ease: SIPA members have
Clean Up Your Email Lists place to turn for questions
+ Failing to clean up your email list has hidden costs: by Tom Curley
(1) more customer service complaints; (2) lower sender
score; (3) potential to mess up your tests; (4) the cost of In recent months, SIPA members have contacted the
sending to emails that aren’t doing you any good any- association’s legal counseling program with questions
way. And the overall response rate to the clean list is just about a variety of issues. What follows are general
as good as the response to the larger list. responses to five of the more frequently-asked legal
+ Selling leads/results from a Website might be more questions. Of course, legal questions arise in specific
profitable than selling ad space. factual circumstances and, accordingly, publishers with
+ To get a list of the attendees to your audio confer- their own questions concerning these or other subjects,
ences, try this. Put copyright notification on the hand- should always seek particularized advice from legal
out material. Then send a note to the registered users counsel.
that they have permission to distribute the handout No. 1: Money-Back Guarantees
material to everyone who attends the conference, but in
Q: Because of the economy, a few subscribers have
order to protect your copyright, you need to know who
attempted to cancel their subscriptions by invoking our
those people are. Provide a form that they can fax back
“100 percent satisfaction or your money-back” guaran-
with that information.
tee. But the subscriber isn’t actually dissatisfied with
+ Some people recommend ReadNotify to track
the content of our publication; instead, the subscriber
who’s viewing your content.
is just trying to save money. Is that legal for a sub-
+ One possible way to profit from user-generated
scriber to do?
content is to sell a subscription to a library of material
A: Money-back guarantees are used by marketers of all
where users can upload their own content, provide
stripes, including publishers. Government regulators
commentary on existing content, etc. An example might
tend to scrutinize these types of promises; the Federal
be a subscription site with programming code, where
Trade Commission (FTC) instructs that broad promises of
users can contribute their own code.
this sort should only be used where the full purchase
+ One participant converted “til forbid” subscribers
price will be refunded.
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That doesn’t mean that a publisher cannot offer a pro- continually asking the same speaker to sign a new
rated refund or otherwise place limits on a guarantee, agreement.
such as by limiting the guarantee to dissatisfaction with
editorial content. But the law generally places the No. 3: Copyright and Directories
burden on the publisher to explain any limitations Q: We put a lot of hard work into creating our
clearly—and prior to purchase. directories. What can we do to protect them from
In short, the broader the language of the guarantee, the copyright piracy?
broader is the publisher’s obligation to refund. And if there A: Many SIPA members publish directories, and the
are no limitations placed upon the guarantee in the first creation of them can be labor intensive. Unfortunately,
instance, the subscriber may be within his or her legal particularly in the digital age, directories can be easily
rights to demand a refund for any reason—or for no pirated.
reason at all. There is an open question about the extent of copy-
right protection for directories because of a Supreme
No. 2: Guest Speakers Court decision, Feist Publications v. Rural Telephone
Q: We regularly use guest speakers for our Service Co. In that case, the Court held that compilations
Webinars. If these speakers are not being paid, is it still of data alone are entitled to copyright protection only to
necessary to have a contract with each one of them? the extent that there is some originality in the selection,
A: As publishers know, if you hire a freelancer—in coordination and arrangement of the data. The Court
other words, a non-employee—to write an article for found that a typical white-pages telephone directory
your newsletter, the freelancer is the “author” of that alphabetically listing names, addresses and phone
article under copyright law and thus the freelancer owns numbers lacked sufficient originality and thus could not
the copyright in it. be copyrighted.
This same principle applies in dealing with guest The Court’s decision dealt specifically with an alpha-
speakers—or any other non-employee who creates betical telephone book, and other compilations—with
content that the publisher desires to distribute. In the greater original expression—should qualify for copyright
absence of an agreement to the contrary, it is generally protection, as many lower courts emphasized after the
the creator of the presentation, i.e., the guest speaker, Supreme Court’s ruling. Indeed, courts have held that
who retains the copyright in the presentation materials. “yellow page” type telephone books, with information
To be sure, disputes between publishers and guest grouped by subjects selected by the publisher, are
speakers are rare because the parties have a shared entitled to some copyright protection—at least for the
understanding of the services that the speaker will selection and arrangement of the non-copyrighted facts.
provide and how the publisher will make use of them. Nevertheless, the uncertainty created by Feist under-
And there is no legal requirement that this understand- mined the ability of publishers to combat piracy in the
ing must always be reduced to writing. directory context because publishers cannot automati-
cally assume that copyright law protects their directo-
The fact that many Webinar speakers are ries. Thus, it is important when publishing directories
unpaid does not necessarily diminish the to use written agreements that carefully limit the direc-
tory recipient’s right to use the work. Even contract law
value of a written contract. may not be fully enforceable in this context, but a
contract may provide better protection than copyright
But, as publishers have learned in the context of using law, depending upon the content of the directory. In
freelance authors, a written contract can help eliminate addition, publishers should carefully restrict Internet
the potential for disputes (whether real or imagined) access to their directories (even on the publisher’s
about the current and future uses by the publisher that Website) because of the prevalence of Web piracy.
will be made of the speaker’s presentation.
The fact that many Webinar speakers are unpaid does
not necessarily diminish the value of a written contract. No. 4: Emails to Current Subscribers
On the contrary, it may be particularly beneficial for the Q: I know Can-Spam places limits on email advertis-
publisher to emphasize the absence of payment in a ing. But do we have to include an “opt out” even in
contract, in addition to communicating that information emails to our current subscribers?
to the speaker during the recruitment process. A: The concept of an “established business relation-
Finally, to ease the administrative burden, a publisher ship” is an important one in the telemarketing context,
can create one standard agreement that he or she can but it is not determinative in the email context. That’s
use in significant part for most speakers. In addition, a because the Can-Spam Act applies based on the content
standard contract can be designed to cover multiple of the email message rather than the relationship
speaking engagements so that the publisher is not between email sender and recipient.
HOTLINE 5
S p e c i a l i z e d I n f o r m a t i o n P u b l i s h e r s A s s o c i a t i o n
In short, it is easy to confuse laws governing e-mail Finally, crediting the original source for material
marketing with laws relating to other types of market- published in your digest may be appropriate from a
ing—some of which do indeed emphasize the presence journalistic perspective and may in fact please the
(or absence) of an established business relationship in publisher of the original work. But, should the original
determining whether a given promotional message is publisher object nevertheless, giving credit is not a legal
legally permissible. defense to a claim of copyright infringement.
But, in the email context, the Can-Spam Act does not
have an exception for existing relationships (other than SIPA members are entitled to up to two hours of legal
employer-employee relationships). So, even your own counseling annually at no charge through SIPA counsel
subscribers should be able to opt out of receiving your Levine Sullivan Koch & Schulz. SIPA’s legal counseling
commercial messages. program offers advice to publishers regarding copyright
That doesn’t mean that every email you send to every law, as well as libel, marketing, trademark and freedom of
subscriber is covered by Can-Spam. But the first question information law.
that the publisher needs to consider is whether the email Contact Tom Curley (tcurley@lskslaw.com) or Chad
constitutes commercial advertising as defined by the Bowman (cbowman@lskslaw.com) at 202.508.1100.
Act, and not whether the email recipient is a current Tom Curley is a partner with Levine Sullivan Koch &
subscriber. Schulz in Washington, D.C.
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SIPA’s 34th Annual International Conference: “The focus will be heavy on takeaway tools that
Profit Abilities: Tools, Tactics & people can implement right away to make their business
Techniques for Building the Bottom Line more profitable,” says Andy McLaughlin, president of
June 6-8 PaperClip Communications and 2010 Conference
Mayflower Hotel, Washington, D.C. Chairperson.
HOTLINE 7
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