Pennsylvania State Agency Used Scott M. Graffius' Intellectual Property

BY SCOTT M. GRAFFIUS | ScottGraffius.com

Pennsylvania State Agency Used Scott M Graffius' Intellectual Property - LwRes



black_spacer_lr_sq_v3

Introduction

A whistleblower/tip informed Scott M. Graffius that a Pennsylvania state agency is using his copyrighted property without credit. After Graffius received the details, he confirmed that the report was valid. Based on the indisputable facts, the bad acts involve the ethical issue of plagiarism and the legal issue of copyright infringement. The Pennsylvania state agency's use of Graffius' intellectual property was not ‘fair use’ nor otherwise allowed.

Graffius vigorously maintains, enforces, and protects his copyright and other intellectual property rights. This article serves as a clarion call for the Pennsylvania state agency to face the repercussions of, and take responsibility for, their blatant and damaging violation.

black_spacer_lr_sq_v3

Background

Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.

Graffius' intellectual property (IP) is registered with the United States Copyright Office.

Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.

For reference, the visual from the edition applicable to this case (v2019) [Exhibit 1] is shown below. It is also available
here and other locations. The integrated text applies.

Exhibit 1 - LwRes

As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2019 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”

Organizations around the world engage Graffius to deliver compelling talks and workshops. To date, he's presented sessions at 91 conferences and other events across 25 countries, including:

  • Armenia,
  • Australia,
  • Brazil,
  • Canada,
  • Czech Republic,
  • Finland,
  • France,
  • Germany,
  • Greece,
  • Hong Kong,
  • Hungary,
  • India,
  • Ireland,
  • Lithuania,
  • Luxembourg,
  • Nepal,
  • Netherlands,
  • New Zealand,
  • Norway,
  • Romania,
  • Sweden,
  • Switzerland,
  • United Arab Emirates,
  • United Kingdom,
  • and the United States.

Graffius ‘Phases of Team Development’ IP is central and key to many of those sessions. His rate card and a listing of his engagements are
here and here, respectively.

With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, and universities around the world. Examples include:


• Adobe,
• American Management Association,
• Amsterdam Public Health Research Institute,
• Bayer,
• Boston University,
• Broadcom,
• Cisco,
• Deimos Aerospace,
• DevOps Institute,
• Ford Motor Company,
• Hasso Plattner Institute,
• IEEE,
• Johns Hopkins University,
• LeadingEng,
• London South Bank University,
• Manufacturers Alliance,
• Microsoft,
• New Zealand Government,
• Oracle,
• TBS Switzerland,
• Torrens University Australia,
• U.S. National Park Service,
• U.S. Tennis Association,
• UC San Diego,
• UK Sports Institute,
• University of Galway Ireland,
• Virginia Tech,
• Warsaw University,
• Yale University,
• and many others.

Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting, and enforcing his copyrights and other IP rights.

Pennsylvania Department of Human Services Publication Uses Graffius’ Copyrighted Property Without Permission and Without Attribution, Violating Graffius' Intellectual Property Rights

Exhibit 2 is below. It shows pages 1, 54, 55, and 56 of the infringing publication.

Graffius v Pennsylvania - Exhibit 2 - LwRes

As shown above, the infringing document is marked with:

  • “Pennsylvania”
  • “Department of Human Services”
  • “Office of Developmental Programs”
  • “Quality Management Certification Handbook”

The PDF file is named ‘QM_Handbook_FINAL_20220322.pdf.’

The infringing document is known to reside
here and here.

The infringing document may reside at additional locations.

Exhibit 3 is below. It provides a view of characteristics and strategies content from Graffius’ 2019 copyrighted ‘Phases of Team Development’ property, contrasted with infringing corresponding content from the Pennsylvania Department of Human Services’ 2022 ‘Quality Management Certification Handbook.’

Graffius v Pennsylvania - Exhibit 3 - LwRes

Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.

Permission to use Graffius’ copyrighted property was not requested nor approved.

Nevertheless, Graffius’ copyrighted property was used in the infringing publication.

Comparing Graffius' copyrighted 'Phases of Team Development' intellectual property with the infringing document is reveals blatant infringement. As a supplement to the visual above, here are some examples, shown in-line:

๐ŸŸข Graffius’ copyrighted 2019 property includes: ”Sticking to safe topics”
๐Ÿ”ด The infringing 2022 publication includes this: “stick to safe topics”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Taking the ‘lead’”
๐Ÿ”ด The infringing 2022 publication includes this: “taking the lead”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Providing clear expectations and consistent instructions”
๐Ÿ”ด The infringing 2022 publication includes this: “providing clear expectations and consistent instructions”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Competition
๐Ÿ”ด The infringing 2022 publication includes this: “competition”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “High emotions”
๐Ÿ”ด The infringing 2022 publication includes this: “strong emotions”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Normalizing matters”
๐Ÿ”ด The infringing 2022 publication includes this: “normalizing”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Reconciliation”
๐Ÿ”ด The infringing 2022 publication includes this: “reconciliation”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Members are engaged & supportive”
๐Ÿ”ด The infringing 2022 publication includes this: “engaged and supportive of each other”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Relief, lowered anxiety”
๐Ÿ”ด The infringing 2022 publication includes this: “relief/lowered anxiety”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Developing cohesion”
๐Ÿ”ด The infringing 2022 publication includes this: “cohesion”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Recognizing individual and group efforts”
๐Ÿ”ด The infringing 2022 publication includes this: “recognizing individual and group efforts”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Providing learning opportunities and feedback”
๐Ÿ”ด The infringing 2022 publication includes this: “providing learning opportunities and feedback”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Monitoring the ‘energy’ of the group”
๐Ÿ”ด The infringing 2022 publication includes this: “monitoring the energy of the group”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Reconciliation”
๐Ÿ”ด The infringing 2022 publication includes this: “reconciliation”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Demonstrations of interdependence”
๐Ÿ”ด The infringing 2022 publication includes this: “demonstration of interdependence”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Ability to effectively produce as a team”
๐Ÿ”ด The infringing 2022 publication includes this: “ability to effectively produce as a team”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “’Guiding from the side’ (minimal intervention)”
๐Ÿ”ด The infringing 2022 publication includes this: “guiding from the side lines with minimal intervention”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Celebrating”
๐Ÿ”ด The infringing 2022 publication includes this: “celebrating”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Encouraging group decision-making & problem-solving”
๐Ÿ”ด The infringing 2022 publication includes this: “encouraging group decision-making and problem-solving”

๐ŸŸข Graffius’ copyrighted 2019 property includes: “Providing opportunities to share learning across teams”
๐Ÿ”ด The infringing 2022 publication includes this: ”providing opportunities to share learning across teams”

Conclusion

Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.

Permission to use Graffius’ copyrighted property was not requested nor approved.

Nevertheless, the infringing Pennsylvania Department of Human Services publication used Graffius’ copyrighted property.

A significant volume of Graffius’ copyrighted property was used.

The Pennsylvania Department of Human Services infringing publication did not attribute Graffius’ copyrighted property to Graffius. Accordingly, the Pennsylvania Department of Human Services wrongly leads others to falsely believe that it is the author and owner of Graffius’ respective intellectual property.

The Pennsylvania Department of Human Services blatantly violated Graffius’ intellectual property rights.

Copyright infringement is disgraceful, unprofessional, unethical, immoral, and illegal.

The Pennsylvania Department of Human Services’ infringement damaged the marketability and value of Graffius’ intellectual property.

For the aforementioned reasons, the Pennsylvania Department of Human Services’ use of Graffius’ copyrighted property was not ‘fair use’ nor otherwise allowed.

So long as the Pennsylvania Department of Human Services’ infringing publication exists anywhere, in any form, the Pennsylvania Department of Human Services continues to spread misinformation and violate Graffius’ intellectual property rights.

The Pennsylvania Department of Human Services must immediately implement the following three (3) actions regarding their infringing publication—and any other documents or materials containing infringing content:

  1. Remove the Infringing Material. Electronic Versions: Immediately remove the infringing publication from all digital platforms where it is advertised, promoted, sold, or distributed; this includes removing or disabling any online access to it. Physical Copies: If physical copies of the material are in inventory or circulation, stop further distribution; recall any copies already distributed; destroy all physical copies.
  2. Issue a Retraction. Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement.
  3. Notify Relevant Parties. Recipients: Inform the respective subscribers, purchasers, users, or other recipients of the material about the retraction, ensuring transparency about the issue; again, the notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement. Indexes and Databases: Notify any databases or indexing services that list the material so they can update their records accordingly.

Copyrights and other intellectual property rights are essential because they safeguard the works of creators, allowing them to benefit from their efforts, which in turn fosters creativity and innovation. Graffius vigorously maintains, enforces, and protects his copyright and other intellectual property rights.

This troubling and consequential case is open.

If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

Read on to learn:

  • About Pennsylvania,
  • About Scott M. Graffius,
  • References/Sources,
  • How to Cite This Article,
  • Post-Publication Notes,
  • and more.

black_spacer_lr_sq_v3

About Pennsylvania

Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States.
It’s the fifth-most populous state, with over 13 million residents as of the 2020 U.S. census.

black_spacer_lr_sq_v3

About Scott M. Graffius


Scott_M_Graffius_-_Blue_-_1000x1000_-LwRes

Scott M. Graffius is a global leader in agile project management, an expert on teamwork tradecraft, an authority on temporal dynamics on social media platforms, a creator, a consultant, a trainer, an award-winning author, and an international public speaker.

See his
bio to learn more.

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

black_spacer_lr_sq_v3

About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions

Scott_M_Graffius_Agile_Scrum_v22123007_LR_1000x1000_sq

Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.

There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.

With clear and easy to follow step-by-step instructions,
Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:

  • Implement and use the most popular agile frameworkโ€•Scrum;
  • Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
  • Support innovation and drive competitive advantage.

Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”

Winner of 17 first place awards.

Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.



black_spacer_lr_sq_v3

About
Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change

Scott_M_Graffius_Agile_Transformation_LR_1000x505

Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.

Based on actual events,
Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.

The award-winning book by
Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.



black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_references

References/Sources


The following is a list of material on publishing standards and procedures. Some cover the reporting and handling of copyright infringement.

  1. Alter, Alexandra (2019, September 22). It’s a Fact: Mistakes are Embarrassing the Publishing Industry. Available at: https://www.nytimes.com/2019/09/22/business/publishing-books-errors.html.
  2. American Psychological Association (2019, November). Correction Notices. Available at: https://apastyle.apa.org/style-grammar-guidelines/research-publication/correction-notices.
  3. Association for Computing Machinery (ACM) (2018, November 15). ACM Publications Policy on the Withdrawal, Correction, Retraction, and Removal of Works from ACM Publications and ACM DL. Available at: https://www.acm.org/publications/policies/retraction-policy.
  4. Cambridge University Press (n.d.). Publishing Ethics. Available at: https://www.cambridge.org/core/journals/flow/information/journal-policies/publishing-ethics.
  5. Committee on Publication Ethics (COPE) (n.d.). Post-Publication Discussions and Corrections. Available at: https://publicationethics.org/postpublication.
  6. Elsevier (n.d.). Policy and Best practice: Errata & Corrigenda. Available at: https://www.elsevier.com/editor/perk/policy-and-best-practice-errata-and-corrigenda.
  7. Emerald Publishing (n.d.). Article Withdrawal & Correction. Available at: https://www.emeraldgrouppublishing.com/publish-with-us/author-policies/article-withdrawal-correction.
  8. Faust, Jessica (2007, October 3). Typos and Errors After Publication. Available at: https://bookendsliterary.com/typos-and-errors-after-publication.
  9. Graffius, Scott M. (2024, March 22). The Protocol for Reporting an Error to an Author or Publisher. Available at: https://scottgraffius.com/blog/files/error-reporting.html. DOI: 10.13140/RG.2.2.18830.98883.
  10. Graffius, Scott M. (2021, November 10). An Error Was Introduced Into the Seventh Edition of 'A Guide to the Project Management Body of Knowledge (PMBOK)'. Available at: https://scottgraffius.com/blog/files/pmbok7.html.
  11. Idunn (n.d.). Publishing and Research Ethics Policy. Available at: https://www.idunn.no/info/publiseringsetikk.
  12. IEEE (n.d.). Publishing Ethics: Guidelines and Policies: Post-Publication Policies. Available at: https://books.ieeeauthorcenter.ieee.org/book-publishing-at-ieee/publishing-ethics/guidelines-and-policies/post-publication-policies.
  13. Institute for Operations Research and the Management Sciences (INFORMS) (n.d.). Guidelines for Ethical Behavior in Publishing. Available at: https://pubsonline.informs.org/page/opre/guidelines-for-ethical-behavior-in-publishing.
  14. IntechOpen (n.d.). Retraction and Correction Policy. Available at: https://www.intechopen.com/page/retraction-and-correction-policy.
  15. Marasoviฤ‡, Tea; Utrobiฤ‰iฤ‡, Ana; and Maruลiฤ‡, Ana (2018, March 31). Transparency of Retracting and Replacing Articles. The Lancet, 391 (10127): 1244-1245.
  16. Nature (n.d.). Editorial and Publishing Policies. Available at: https://www.nature.com/srep/journal-policies/editorial-policies.
  17. O’Reilly Media (n.d.). Errata for Java in a Nutshell. Available at: https://www.oreilly.com/catalog/errata.csp?isbn=0636920030775.
  18. Palgrave Macmillan (n.d.). Corrections and Retractions. Available at: https://www.palgrave.com/gp/editorial-policies/corrections-and-retractions.
  19. Pearson Education / InformIT (n.d.). Contact Us: Submit Errata. Available at: https://www.informit.com/about/contact_us/index.aspx?ContactUs_Topics_Partners_id=9d39709c-c911-4c96-ac2c-2c5a22d68ba9.
  20. Project Management Institute (PMI) (n.d.). PMI Standards Program Comment Form. Available at: https://www.pmi.org/-/media/pmi/documents/public/pdf/pmbok-standards/pmi-standards-program-comment-form.pdf.
  21. Project Management Institute (PMI) (n.d.). Standards Errata Sheets. Available at: https://www.pmi.org/pmbok-guide-standards/foundational/pmbok/errata-sheets.
  22. Public Library of Science (PLOS) (n.d.). Corrections, Expressions of Concern, and Retractions. Available at: https://journals.plos.org/plosone/s/corrections-and-retractions.
  23. SAE International (n.d.). ARINC Standard – Errata Report Template. Available at: https://wcm14.sae.org/site/binaries/content/assets/itc/content/arinc/errata-form.docx [note: selecting the link will download the file].
  24. Sage Publications (n.d.). Sage Corrections and Retractions Policy. Available at: https://us.sagepub.com/en-us/nam/sage-corrections-and-retractions-policy.
  25. Science Publishing Group (n.d.). Ethical Guidelines. Available at: https://www.sciencepublishinggroup.com/information/ethical-guidelines.
  26. Springer (n.d.). Editorial Policies: Corrections and Retractions. Available at: https://www.springer.com/gp/editorial-policies/corrections-and-retractions.
  27. Taylor & Francis (n.d.). Publishing Ethics for Journal Editors: FAQs. Available at: https://editorresources.taylorandfrancis.com/publishing-ethics-for-editors/publishing-ethics-faqs.
  28. Ubiquity Press (n.d.). Correction and Retraction Policy. Available at: https://ubiquitypress.com/site/corrections.
  29. Warner, Brooke (2019, April 26). How to Publish a Perfect Book. Available at: https://www.publishersweekly.com/pw/by-topic/authors/pw-select/article/79902-how-to-publish-a-perfect-book.html.
  30. Wiley (n.d.). Best Practice Guidelines on Research Integrity and Publishing Ethics. Available at: https://authorservices.wiley.com/ethics-guidelines/index.html.
  31. Wiley Author Services (n.d.). Wiley's Policy for Handling Retractions, Withdrawals, and Expressions of Concern. Available at: https://authorservices.wiley.com/ethics-guidelines/retractions-and-expressions-of-concern.html.
  32. World Intellectual Property Organization (WIPO) (n.d.). Managing Intellectual Property in the Book Publishing Industry. Available at: https://www.wipo.int/edocs/pubdocs/en/copyright/868/wipo_pub_868.pdf.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_cite

How to Cite This Article


Graffius, Scott M. (2024, October 21). Pennsylvania State Agency Used Scott M. Graffius' Intellectual Property. Available at:
https://scottgraffius.com/blog/files/pa-state-agency-2024.html. DOI: 10.13140/RG.2.2.29391.09120.
black_spacer_lr_sq_v3

spacer-post-publication-notes-1000pxw

Post-Publication Notes

If there are any supplements or updates to this article after the date of publication (21 October 2024), they will appear here.

Update on 25 October 2024

Graffius emailed the details of the violation—as delineated in this article—to multiple people with Pennsylvania's Department of Human Services. That email was titled "Notice to Pennsylvania Department of Human Services on the unauthorized and unattributed use of Scott M. Graffius' intellectual property; copyright infringement, damages."

Update on 26 October 2024

Additionally, Graffius forwarded the email referenced above to Valerie A. Arkoosh. She is the head of Pennsylvania's Department of Human Services.

Update on 28 October 2024

To date, Pennsylvania's Department of Human Services has not addressed nor resolved their violation. Accordingly, it knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.

Any further updates on this consequential matter will appear here.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---content-acknowledgements---lwres
๏ฟผ
Content Acknowledgements

This article uses limited excerpts from the Pennsylvania Department of Human Services’ content, attributed to the Pennsylvania Department of Human Services and used under fair use for news reporting and analysis. Pennsylvania Department of Human Services’ content (excerpt for what was stolen from others) is the property of the Pennsylvania Department of Human Services.

Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved. Visit ScottGraffius.com.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---copyright---lwres

Copyright


Copyright © Scott M. Graffius. All rights reserved.

Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.


black_spacer_lr_sq_v3



custom - back to main page of blog


Toastmasters Used Scott M. Graffius' Copyrighted Property Word-for-Word in Their Publication Without Authorization or Attribution

BY SCOTT M. GRAFFIUS | ScottGraffius.com

Toastmasters Used Scott M Graffius' Copyrighted Property Word-for-Word in Their Publication Without Authorization or Attribution - LwRes



black_spacer_lr_sq_v3

Introduction

Toastmasters used—without authorization or attribution—Scott M. Graffius’ copyrighted property in their publication. Based on the indisputable facts, Toastmasters’ bad acts involve the ethical issue of plagiarism and the legal issue of copyright infringement.

Graffius maintains, enforces, and protects his copyright and other intellectual property rights. This article serves as a clarion call for Toastmasters to face the repercussions of, and take responsibility for, their blatant and damaging violation.

black_spacer_lr_sq_v3

Background

Informed by the research of Bruce W. Tuckman, Ph.D., and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius’ first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development.’ It’s a unique perspective on the five phases of team development—Forming, Storming, Norming, Performing, and Adjourning—and it’s inclusive of the characteristics/features/traits and strategies for each phase.

Graffius’ ‘Phases of Team Development’ intellectual property is registered with the United States Copyright Office.

Graffius initially developed his intellectual property in 2008, and he periodically refreshes it. For reference, an authorized example of his copyrighted property applicable in this case (2021 edition) is here:
https://dx.doi.org/10.13140/RG.2.2.22040.42246 . It is shown below as well (as Exhibit 1).

Exhibit 1 - Phases of Team Development - Copyright Scott M Graffius - LwRes

As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”

Conference organizers, businesses, professional associations, government agencies, and universities around the world engage Graffius to deliver compelling talks and workshops. Examples are
here.

Graffius’ ‘Phases of Team Development’ intellectual property is central and key to many of those sessions. Details including his rate card, a listing of his engagements, and more are
here.

With an authorization/license from Graffius, many organizations around the world have featured and used his copyrighted ‘Phases of Team Development’ work. Select examples include Yale University, Adobe, IEEE, Microsoft, UK Sports Institute, Amsterdam Public Health Research Institute, American Management Association, and many others.

Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting, and enforcing his copyrights and other IP rights.

Toastmasters Used Scott M. Graffius' Copyrighted Property Word-for-Word in Their Publication Without Authorization or Attribution, Violating Graffius’ Intellectual Property Rights

Toastmasters infringing 2022 publication is marked with:

- “Toastmasters International”
- “Area Director Handbook”
- “2022”
- “Guide to a successful year as Area Director”
- “District 101”

Exhibit 2 is below. It shows pages 2, 19, 20, and 21 from the infringing 2022 publication.

Graffius v Toastmasters International - Exhibit 2 - TI Publication - LwRes

Further details follow.

Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.

Toastmasters did not request nor receive permission to use Graffius’ copyrighted property.

Nevertheless, Toastmasters used Graffius’ 4 January 2021 copyrighted property in their 2022 publication.

Comparing Graffius' copyrighted 4 January 2021 'Phases of Team Development' intellectual property what Toastmasters has in its 2022 publication is reveals Toastmasters’ blatant infringement.

Exhibit 3 is below. It shows Toastmasters extensive—including word-for-word—use of Graffius’ copyrighted property on the characteristics and strategies for the Forming stage of team development.

Graffius v Toastmasters International - Exhibit 3 - Forming - LwRes

Exhibit 4 is below. It shows Toastmasters extensive—including word-for-word—use of Graffius’ copyrighted property on the characteristics and strategies for the Storming stage of team development.

Graffius v Toastmasters International - Exhibit 4 - Storming - LwRes

Exhibit 5 is below. It shows Toastmasters extensive—including word-for-word—use of Graffius’ copyrighted property on the characteristics and strategies for the Norming stage of team development.

Graffius v Toastmasters International - Exhibit 5 - Norming - LwRes

Exhibit 6 is below. It shows Toastmasters extensive—including word-for-word—use of Graffius’ copyrighted property on the characteristics and strategies for the Performing stage of team development.

Graffius v Toastmasters International - Exhibit 6 - Performing - LwRes

Exhibit 7 is below. It shows Toastmasters extensive—including word-for-word—use of Graffius’ copyrighted property on the characteristics and strategies for the Adjourning stage of team development.

Graffius v Toastmasters International - Exhibit 7 - Adjourning - LwRes

Further, Toastmasters did not attribute their use of Graffius’ copyrighted property to Graffius. Accordingly, Toastmasters is wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted property.

black_spacer_lr_sq_v3

Conclusion

Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.

Toastmasters did not request nor receive permission to use Graffius’ copyrighted property.

Nevertheless, Toastmasters used Graffius’ 4 January 2021 copyrighted property in their 2022 infringing publication.

Toastmasters used a significant volume of Graffius’ copyrighted property.

Toastmasters’ infringement included extensive word-for-word use of Graffius’ copyrighted property.

Toastmasters did not attribute their use of Graffius’ copyrighted property to Graffius. Accordingly, Toastmasters is wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted content.

Toastmasters damaged the marketability and value of Graffius’ copyrighted property.

For the aforementioned reasons, Toastmasters’ use of Graffius’ copyrighted property was not ‘fair use’ nor otherwise allowed.

Additionally, the Digital Millennium Copyright Act (DMCA), 17 U.S. Code § 1202, addresses the integrity of copyright management information. It specifies that that removal of copyright information from another’s intellectual property is a crime. That’s for all cases, including educational/non-commercial use. As shown by comparing Graffius' copyrighted property (Exhibit 1) and with page 19 of Toastmasters infringing publication (shown in Exhibit 2), Toastmasters cropped-out or otherwise removed Graffius’ copyright information. That alone makes Toastmasters' actions
not ‘fair use’ and a crime.

Toastmasters’ actions in this matter are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.

So long as the infringing publication exists in any form, Toastmasters knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.

Toastmasters must immediately implement the following three (3) actions:

  1. Remove the Infringing Material. Electronic Versions: Immediately remove the infringing material from all digital platforms where it is advertised, promoted, sold, or distributed; this includes removing or disabling any online access to it. Physical Copies: If physical copies of the material are in inventory or circulation, stop further distribution; recall any copies already distributed; destroy (recycle) physical copies.
  2. Issue a Retraction. Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement.
  3. Notify Relevant Parties. Subscribers and Purchasers and other Recipients: Inform the respective subscribers, purchasers, or recipients of the material about the retraction, ensuring transparency about the issue; again, the notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement. Indexes and Databases: Notify any databases or indexing services that list the material so they can update their records accordingly.

Graffius maintains, enforces, and protects his copyright and other intellectual property rights. He reserves his rights in this damaging, disturbing, and consequential matter.

This article serves as a clarion call for Toastmasters to face the repercussions of, and take responsibility for, their blatant and damaging violation.

This case is open.

black_spacer_lr_sq_v3

About Scott M. Graffius


Scott_M_Graffius_-_Blue_-_1000x1000_-LwRes

Scott M. Graffius is a global leader in agile project management, an expert on teamwork tradecraft, an authority on temporal dynamics on social media platforms, a creator, a consultant, a trainer, an award-winning author, and an international public speaker.

See his
bio to learn more.

IEEE Xplore Publication Featured Scott M Graffius Phases of Team Development Work - rev Sept 19 2024 - HiRes

Scott M. Graffius' 'Phases of Team Development' Featured by ATACC at TBS24 Conference - LwRes2

UC San Diego Features Scott M Graffius Intellectual Property on Teamwork - Geisel - Creative 24101007 - LwRes

Johns Hopkins University Features Work of Scott M Graffius - v24080107 - Tw - LwRes

Semiconductor manufacturing firm Lam Research features Scott M Graffiusโ€™ โ€˜Phases of Team Developmentโ€™ Intellectual Property - Tw Sz Format - LwRes

Bayer Licensed IP of Agile Expert Scott M Graffius - AgileScrumGuide_com - LwRes

Research by Scott M Graffius Used in Materials for CEWEP 10 Congress Berlin - LwRes G

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

black_spacer_lr_sq_v3

About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions

Scott_M_Graffius_Agile_Scrum_v22123007_LR_1000x1000_sq

Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.

There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.

With clear and easy to follow step-by-step instructions,
Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:

  • Implement and use the most popular agile frameworkโ€•Scrum;
  • Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
  • Support innovation and drive competitive advantage.

Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”

Winner of 17 first place awards.

Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.



black_spacer_lr_sq_v3

About
Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change

Scott_M_Graffius_Agile_Transformation_LR_1000x505

Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.

Based on actual events,
Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.

The award-winning book by
Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.



black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_cite

How to Cite This Article


Graffius, Scott M. (2023, October 23). Toastmasters Used Scott M. Graffius' Copyrighted Property Word-for-Word in Their Publication Without Authorization or Attribution. Available at:
https://scottgraffius.com/blog/files/ti-23.html. DOI: 10.13140/RG.2.2.18914.34240.
black_spacer_lr_sq_v3

spacer-post-publication-notes-1000pxw

Post-Publication Notes

If there are any supplements or updates to this article after the date of publication, they will appear here.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---content-acknowledgements---lwres

Content Acknowledgements

This article uses limited excerpts from Toastmasters International content, attributed to Toastmasters International and used under fair use for news reporting and analysis.

Toastmasters International name, mark, and content (except for what was stolen from others) are the property of Toastmasters International.

Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---copyright---lwres

Copyright

Copyright © Scott M. Graffius. All rights reserved.

Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.



custom - back to main page of blog