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



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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.

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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.

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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.

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About Scott M. Graffius


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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 Graffius’ ‘Phases of Team Development’ 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

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

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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

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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.

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The award-winning book by
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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.
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Post-Publication Notes

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

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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.

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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.



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