#HighPerformanceTeams
Largest Single-Payer Healthcare System in Europe Utilized Scott M. Graffius’ Intellectual Property
11 November 2024
An earlier version of this article was published at ScottGraffius.com.
Introduction
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 (Exceptional PPM and PMO Solutions and Exceptional Agility), an award-winning author (Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions and 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), and an international public speaker.
His intellectual property is appropriately utilized by businesses, professional associations, government agencies, and universities around the world. Unfortunately, some individuals and organizations engage in unethical and illegal actions, such as plagiarism and copyright infringement.
Graffius actively upholds, enforces, and safeguards his copyright and other intellectual property rights. He employs multiple measures, including identifying infringers, to preserve the integrity and value of his intellectual contributions and to deter future violations. This story highlights one such instance.
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 is registered with the US Copyright Office.
He initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
Exhibit 1, Graffius’ 2021 copyrighted property—the edition applicable to this case, is shown below and attached. It is also available here and here and other locations. The integrated text applies.
As shown in Exhibit 1 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.”
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’ intellectual property is central and key to many of those sessions. His rate card and a listing of his engagements are at here and here, respectively.
With authorization/license from Graffius, his ‘Phases of Team Development’ property is featured and used by businesses, professional associations, government agencies, and universities worldwide. 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,
- Manufacturers Alliance,
- Microsoft,
- New Zealand Government,
- Oracle,
- Royal Australasian College of Physicians,
- Singapore Institute of Technology,
- TBS Switzerland,
- Torrens University Australia,
- US National Park Service,
- US Tennis Association,
- UC San Diego,
- 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 intellectual property rights.
The National Health Service (NHS) — the Largest Single-Payer Healthcare System in Europe — Violated Graffius’ Intellectual Property Rights
Here's information on the NHS’s infringing publication:
- NHS event: ‘NHS Trusts and Primary Care Collaboration Knowledge Sharing Event.’
- Date of NHS event: 16 October 2024.
- Title of infringing NHS publication: ‘System Convening.’
- Known locations(s) of the HNS’s infringing 2024 publication: The delivery of the infringing NHS publication was recorded and published as a public video here.
Exhibit 2 is shown below and attached. It provides excerpts from the NHS’s ‘System Convening’ infringing publication, which was delivered at the ‘NHS Trusts and Primary Care Collaboration Knowledge Sharing Event’ on 16 October 2024 (recorded and published as a video). The exhibit shows:
- Slide titled “NHS Trusts and Primary Care Collaboration Knowledge Sharing Event”
- Slide titled “System Convening”
- Slide titled “Agenda”
- Slide titled “Continuing to Develop as a Partnership”
- Zoomed-in view of slide titled “Agenda”
- Zoomed-in view of slide titled “Continuing to Develop as a Partnership”
Indisputable proof of the violation is delineated next.
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his 2021 intellectual property.
The NHS (inclusive of its entities and people) did not request nor receive permission to use Graffius’ 2021 copyrighted property.
Nevertheless, the NHS used Graffius’ 2021 copyrighted property in its 2024 infringing publication.
NHS’s infringing 2024 publication used a significant volume of Graffius’ 2021 copyrighted property.
NHS’s infringing 2024 publication failed to acknowledge Graffius' ownership of his respective content, thereby misleading others including the public into believing that it, the NHS, is the author and rightful owner of Graffius' intellectual property.
A review of the NHS’s 2024 publication uncovered a slew of infringing content.
Exhibit 3 is below and attached. It provides a side-by-side view of content from Graffius’ 2021 ‘Phases of Team Development’ copyrighted property and the NHS’s 2024 infringing publication.
As shown in Exhibit 3 above, the NHS blatantly infringed on Graffius’ copyright.
The NHS’s infringing 2024 publication used Graffius’ 2021 copyrighted content word-for-word.
In what is reasonably considered to be the NHS’s demonstration of its knowing and willful infringement, the NHS author(s) of the infringing 2024 publication seemed to attempt to conceal their theft by slightly altering some words. The NHS author(s) localized some content (such as changing "socializing" to "socialising") and made a few other slight alterations (such as changing "&" to "and"). All of that is still infringement.
Supplemental to Exhibit 3, here’s a comparison of content from Graffius’ 2021 copyrighted property and what the NHS has in its infringing 2024 publication.
Forming Phase: Characteristics and Strategies:
🟢 Graffius’ 2021 copyrighted property includes: “Displaying eagerness”
🔴 The NHS infringing 2024 publication includes: “Displaying eagerness”
🟢 Graffius’ 2021 copyrighted property includes: “Socializing”
🔴 The NHS infringing 2024 publication includes: “Socialising”
🟢 Graffius’ 2021 copyrighted property includes: “Generally polite tone”
🔴 The NHS infringing 2024 publication includes: “Generally polite tones”
🟢 Graffius’ 2021 copyrighted property includes: “Sticking to safe topics”
🔴 The NHS infringing 2024 publication includes: “Sticking to safe topics”
🟢 Graffius’ 2021 copyrighted property includes: “Unclear about how one fits in”
🔴 The NHS infringing 2024 publication includes: “Unclear about how one fits in”
🟢 Graffius’ 2021 copyrighted property includes: “Some anxiety & questioning”
🔴 The NHS infringing 2024 publication includes: “Some anxiety and questioning”
Storming Phase: Characteristics and Strategies:
🟢 Graffius’ 2021 copyrighted property includes: “Some resistance”
🔴 The NHS infringing 2024 publication includes: “Some resistance”
🟢 Graffius’ 2021 copyrighted property includes: “Lack of participation”
🔴 The NHS infringing 2024 publication includes: “Lack of participation”
🟢 Graffius’ 2021 copyrighted property includes: “Conflict based on differences of feelings & opinions”
🔴 The NHS infringing 2024 publication includes: “Conflict based on differences of feelings and opinions”
🟢 Graffius’ 2021 copyrighted property includes: “Competition”
🔴 The NHS infringing 2024 publication includes: “Competition”
🟢 Graffius’ 2021 copyrighted property includes: “High emotions”
🔴 The NHS infringing 2024 publication includes: “High emotions”
🟢 Graffius’ 2021 copyrighted property includes: “Starting to move towards group norms”
🔴 The NHS infringing 2024 publication includes: “Starting to move towards group norms”
Norming Phase: Characteristics and Strategies:
🟢 Graffius’ 2021 copyrighted property includes: “Purpose & goals are well-understood”
🔴 The NHS infringing 2024 publication includes: “Collectively understood purpose & goals”
🟢 Graffius’ 2021 copyrighted property includes: “More confident”
🔴 The NHS infringing 2024 publication includes: “Increased confidence”
🟢 Graffius’ 2021 copyrighted property includes: “Improved commitment”
🔴 The NHS infringing 2024 publication includes: “Improved commitment”
🟢 Graffius’ 2021 copyrighted property includes: “Members are engaged and supportive”
🔴 The NHS infringing 2024 publication includes: “Members are engaged”
🟢 Graffius’ 2021 copyrighted property includes: “Relief, lowered anxiety”
🔴 The NHS infringing 2024 publication includes: “Relief and lowered anxiety”
🟢 Graffius’ 2021 copyrighted property includes: “Developing cohesion”
🔴 The NHS infringing 2024 publication includes: “Greater cohesion”
Performing Phase: Characteristics and Strategies:
🟢 Graffius’ 2021 copyrighted property includes: “High motivation, trust & empathy”
🔴 The NHS infringing 2024 publication includes: “High motivation and empathy”
🟢 Graffius’ 2021 copyrighted property includes: “Individuals defer to team needs”
🔴 The NHS infringing 2024 publication includes: “Individuals defer to partnership needs”
🟢 Graffius’ 2021 copyrighted property includes: “Effectively producing deliverables”
🔴 The NHS infringing 2024 publication includes: “Effectively producing deliverables”
🟢 Graffius’ 2021 copyrighted property includes: “Consistent performance”
🔴 The NHS infringing 2024 publication includes: “Consistent performance”
🟢 Graffius’ 2021 copyrighted property includes: “Demonstrations of interdependence & self-management”
🔴 The NHS infringing 2024 publication includes: “Demonstration of interdependence and self management”
Conclusion
Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property. The NHS did not request nor receive permission to use Graffius’ 2021 copyrighted property. But, the NHS’s infringing 2024 publication used Graffius’ copyrighted 2021 property.
The NHS’s infringing 2024 publication used Graffius’ 2021 copyright content word-for-word.
In what is reasonably considered to be the NHS’s demonstration of it knowing and willful infringement, the NHS author(s) of the infringing 2024 publication seemed to attempt to conceal their theft by slightly altering some words. The NHS author(s) localized some content (such as changing "socializing" to "socialising") and made a few other slight alterations (such as changing "&" to "and"). All of that is still infringement.
The NHS’s 2024 infringing publication used a significant amount of Graffius’ 2021 copyrighted property.
NHS’s infringing 2024 publication failed to acknowledge Graffius' ownership of his respective content, thereby misleading others including the public into believing that it, the NHS, is the author and rightful owner of Graffius' intellectual property.
The NHS’s infringement has damaged the marketability and value of Graffius’ intellectual property.
The NHS’s use of Graffius’ 2021 copyrighted property was not ‘fair dealing’ nor ‘fair use’ nor otherwise allowed.
Copyright infringement is disgraceful, unprofessional, unethical, immoral, and illegal.
So long as the NHS’s infringing material exists anywhere, in any form, the NHS continues to spread misinformation and violate Graffius’ intellectual property rights. Accordingly, time is of the essence.
The NHS must immediately implement the following two (2) actions:
- Remove the Infringing Material. Electronic Versions: Immediately remove the infringing material (any and all publications/products with infringement) from 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 infringing material are in inventory or circulation, stop further distribution; recall any copies already distributed; destroy copies.
- Issue an Apology. Send a written apology to Graffius. It will acknowledge the infringement and the steps taken (such as Action 1, above) to mitigate the situation. The apology will present the facts as they are—it will not "spin" or "downplay" the infringement.
Time is of the essence. Both actions must be fulfilled by 6:00 PM Pacific Time on Friday, 15 November 2024. By doing so, the NHS will convey transparency, professionalism, integrity, accountability, and respect. However, if the NHS fails to do so, it will conversely demonstrate a lack of transparency, a lack of professionalism, a lack of integrity, a lack of accountability, and a lack of respect.
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Mr. Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
Graffius resides in the United States and the NHS is headquartered in London, United Kingdom. However, the United Kingdom and the United States have treaties regarding copyright: Berne (Paris) Dec. 5, 1887; Bilateral July 1, 18918; UCC Geneva Sept. 27, 1957; Phonograms Apr. 18, 1973; UCC Paris July 10, 1974; WTO Jan. 1, 1995; WCT Mar. 14, 2010; WPPT Mar. 14, 2010; VIP Jan. 1, 2021. Additionally, the United Kingdom has strong copyright laws. Copyright laws apply to this case.
Graffius expressly reserves his rights in this disturbing, damaging, and consequential matter.
Graffius communicated the preceding information to the NHS—including multiple departments, leaders, and others—via email on 9 November 2024.
Current Edition of Graffius’ ‘Phases of Team Development’ Intellectual Property
Graffius initially developed his respective material in 2008, and he periodically refreshes it. Information on the current (2024) edition of his 'Phases of Team Development' IP is available here.
About the NHS
The National Health Service (NHS) is one of the world's largest and most comprehensive healthcare systems. Founded in 1948, the NHS provides a wide range of services, including primary care, secondary care, and public health. Its network encompasses thousands of hospitals, clinics, and GP practices, employing millions of healthcare professionals. While primarily funded through general taxation, the NHS offers most services free at the point of use, making healthcare accessible to all residents. As a cornerstone of British society, the NHS plays a vital role in the nation's health and well-being.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an Agile project management expert practitioner, consultant, creator, multi-award-winning author, and international public speaker.
Graffius is CEO of Exceptional PPM and PMO Solutions and subsidiary Exceptional Agility. He's generated over $1.9 billion of business value in aggregate for Global Fortune 500 businesses and other organizations he's served. Businesses and industries range from consumer products to advanced technology (including AI, R&D), e-commerce, music, streaming/OTT video, television, film, video games, financial services, government, and more.
Graffius and content from his books, talks, workshops, and more have been featured and used by businesses, professional associations, governments, 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, EU's European Commission, Ford Motor Company, Hasso Plattner Institute Germany, IEEE, Johns Hopkins University, London South Bank University, Microsoft, National Academy of Sciences, New Zealand Government, Oracle, Project Management Institute, Torrens University Australia, UC San Diego, TBS Switzerland, UK Sports Institute, University of Galway Ireland, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Virginia Tech, Warsaw University of Technology, Yale University, Zurich University of Applied Sciences, and many others.
He delights audiences around the world with dynamic and engaging talks and workshops. He's presented sessions at 91 conferences and other events across 25 countries. Visit here to learn more and here to ask Scott to speak at your event.
About Exceptional PPM and PMO Solutions, and Exceptional Agility
Led by Scott M. Graffius, Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™ provides organizations with advisory, training, speaking, embedded talent, and facilitative consulting services to help them build and advance their agile project, program, portfolio, and PMO management capabilities and results to best realize their strategic objectives and initiatives, making them more competitive and valuable.
The company is committed to giving back ❤️. That’s why it provides a set amount of pro bono (no charge) work for charities and non-profits each year.
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Copyright
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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.
