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A federal judge has ruled in favor of Jestina Clayton, who sued the state of Utah over its requirement that Clayton get a cosmetology license to braid hair, a side business that Clayton set up to help support her family. U.S District Judge David Sam ruled that Utah’s requirement was ”unconstitutional and invalid.” According to the judge, licensing is meant to protect public health, but the state never established the public health and safety concerns that hair braiding raised.

Clayton came to the U.S. from Sierra Leone, has three small children, and started braiding hair to bring in extra income as her husband finishes school. She says she learned the skill when she was five years old. She filed her lawsuit last year after the state said it would be illegal for her to continue.

There is no uniformity in the laws governing the need for a license to braid hair. Utah is one of six states that requires a cosmetology license while those braiding hair in California and Arizona don’t need a license at all. In other states, like Florida, some training is required, but not the full cosmetology coursework.

“Progressives are joining what had been a strictly libertarian cause out of concern that excessive licensing requirements disproportionately hurt poorer Americans and newly arrived immigrants,” writes The Oregonian. In Oregon, hair braiders are required to clock in as many as 1,700 hours in cosmetology school, which can cost up to $20,000. The article makes the point that much that’s taught in cosmetology school doesn’t even apply to hair braiding because there are no chemicals involved in the process. Oregon now has legislation on the table, the “Natural Hair Act,” which will come up in the 2013 session. It would change the requirements for hair braiding, bringing the oversight in line with the nature of the business.

(That article in The Oregonian includes the interesting story of Amber Starks, who is making a business out of teaching people, black and white, how to care for natural hair.)

“The Utah case is particularly interesting because Utah obviously doesn’t have a long tradition of African hair braiding as a local industry,” says Slate. That’s a big part of the issue. A lack of knowledge about hair braiding — how it’s done and what’s required — is likely what prompted the overly-strict regulations in the first place. It’s one more example of how diversity in government — at all levels — benefits the governed.

Dear Felicia,

What exactly is a licensing deal?  How do you make money off that?

Chriss H.

via Twitter

Dear Chriss,

There are many ways to leverage a brand in business and licensing is one of them.  Essentially a license gives a company the right to use your name, likeness, brand or intellectual property while you maintain ownership of it.

Licensing deals can be structured in many ways.  You could be paid a flat monthly or annual fee for use of the license; a percentage of revenues generated as a result of the license — or a combination of the two.  That is all negotiated by you, the licensee and your attorneys.

Brands and companies license for many reasons.  One of the most popular reasons is the one that Kevin O’Leary and the Sharks are thinking of on ABC’s Shark Tank when they sometimes urge entrepreneurs to sell them a percentage of the company and work out a license for their brand or product: Speed to market.  This results in less risk, faster profits and fewer headaches.

Let’s use Martha Stewart as an example.

When you see Martha Stewart products and services she has licensed her name, image and brand.  What products and services does Martha offer?  We might be better off counting what she does not offer.  She sells everything from soap to flowers to paint to houses!  But her company doesn’t manufacture any of it.  For one company to get that many different products to market for sale it would take massive amounts of capital and expertise.  That would mean too much time developing designs and finding manufacturing plants; too much money to cover development and production costs; and too much of a learning curve making sure everything is produced and packaged with quality.  So, instead of Martha becoming an expert in all those product categories — or hiring experts for each, which would make for a porky payroll — she decides which products to sell and then licenses the ‘Martha Stewart’ brand to companies and manufacturers that are already in those businesses.

The companies she licenses to have expertise in the product and have already invested in the processes that get a quality product to market quickly.  And they license from her because she has already invested in herself and her company to create a brand that people like so they’ll choose a product with her name on it over another product or service.  They excel and product development and manufacturing, she excels at branding, promoting and connecting with an audience.  It’s a win-win.

When you see merchandise with Disney characters or popular entertainers (like Miley Cyrus aka Hannah Montana) these are licensing deals.  Needless to say, licensing generates big money.  The Licensing International Expo is where people often find out about new licensing opportunities.  It just took place in Las Vegas.  If you’re really interested in licensing maybe it’s a great trip for you to make next year!

Felicia Joy is a nationally recognized entrepreneur who created $50 million in value for the various organizations and companies she served in corporate America before launching her business enterprise.  She is often called on to discuss the ins and outs of entrepreneurial success and has appeared on CNN, FOX and in other national press.  Felicia operates Ms. CEO Inc., a training and development company that helps women entrepreneurs achieve more success, faster — as well as Joy Group International, LLC, a business development and consulting firm. Send her your questions at ask@feliciajoy.biz or www.twitter.com/feliciajoy.

Note: All advice offered in this column is for general information only.  Felicia Joy and The Atlanta Post are indemnified against any and all related claims.  Always seek the advice of licensed professionals before making business decisions.