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  • #978879
    Keepsakes Design
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    Hi FS Members

    I am starting up two new business ventures which I am extremely excited about… I have a few questions regarding structure and copyright.

    1. The first venture is a small publication and the second is original art. Both could sit under my current/main business, although I would like them to have a different name/brand, is this feasible?

    2. The publication will be suburb specific, the suburb name will feature in the logo. I will be expanding into other suburbs in time with a plan to sell the business as a whole or per suburb/area in the distant future. How can I prevent anyone from using the name/branding/business model without my permission in other suburbs? Would I need to trademark it – or will I be protected under copyright?

    3. The original artworks are sculptures made from readily available material. I know I am covered by copyright, but I know there will be copycats. Again is there anyway I can protect/prevent my sculptures from being copied?

    Sorry if I am asking dumb questions, I would really love any advice or enlightenment.

    Best wishes

    Jackie

    #1110227
    JacquiPryor
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    • Total posts: 2,344
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    Hi Jackie,

    1. The first venture is a small publication and the second is original art. Both could sit under my current/main business, although I would like them to have a different name/brand, is this feasible?

    Yes, that’s feasible. Are you trading as a sole trader within your current/main business? If so, then you remain the actual legal entity behind anything you do. So, if each ‘activity’ will have a different name, in the sense that to the average consumer it will appear as though they are different businesses, then you just register each as its own business name. Actually, this would apply if your current business is a company too. Either yourself as a sole trader or a company as the legal entity can register multiple business names to trade by. Ultimately, they could all relate back to the one entity (which also means one ABN for record keeping purposes). If your new ventures will be represented in a way where your current/main business is clearly who people are trading with, then you would just keep going as you are – and consider registering the ‘brands’ as trademarks (see next note below). Basically, whatever name people think they are doing business with should be registered, at the least, as a business name.

    2. The publication will be suburb specific, the suburb name will feature in the logo. I will be expanding into other suburbs in time with a plan to sell the business as a whole or per suburb/area in the distant future. How can I prevent anyone from using the name/branding/business model without my permission in other suburbs? Would I need to trademark it – or will I be protected under copyright?

    Does the logo have to be actually in the logo, or could it appear alongside it or under it?
    It sounds like you would need to register as a trademark. If you can work the logo to just represent the main ‘brand’ you could get away with one registration… you can of course use suburbs to ‘describe’ where the brand is located. If the suburb needs to be built into the actual logo and forms a part of the actual logo, essentially you would have to consider a separate trademark application/registration then for each ‘suburb’, as each logo would be different then.

    Copyright could offer some protection for a logo, as an ‘artistic’ work – however, a trademark is better suited. By definition a trademark is a ‘sign’ you use to distinguish your product/service from other people. A ‘sign’ in this sense can be a name, image, slogan, colour, scent, shape etc etc or combination thereof. Think of all the well-known logos out there – all would have registered their logos as trademarks.

    3. The original artworks are sculptures made from readily available material. I know I am covered by copyright, but I know there will be copycats. Again is there anyway I can protect/prevent my sculptures from being copied?

    Can you prevent copycats? Probably not. But, as you have identified you will be covered by copyright in your artworks – so this is protecting them. Whilst it doesn’t guarantee that someone won’t copy, it will give you the right to stop them from copying if it’s determined they are infringing your copyright. Copyright is automatic and doesn’t require formal registration anywhere – and extends through most countries. It gives you the right (assuming you are the original creator) to reproduce it (i.e. copying by hand); Publish it (making it available for sale) and generally communicate the work to the public. Infringement generally occurs if someone who is not the owner does one of these things that are your right as the owner and without your permission.

    It’s important to note, that Copyright can be limited in respect of ‘sculptures’ depending on their purpose. If they are purely artistic then copyright is likely to be the right protection; if you sculpt a functional product though. Again, purely as an example – if you sculpt a jug, or use your ‘artistic work’ to form the shape of furniture, then copyright may not apply and you may need to consider registering it as a design. A design basically protects the overall appearance of a ‘functional’ item – the shape, ornamentation etc. This would require formal registration – and, particular rules apply – for example, the design must be NEW – it cannot have been sold/marketed or generally disclosed prior to the filing of an application and can’t have been published anywhere in the world before filing…

    I hope the above helps. Happy to answer any questions you may have regarding the above – or, some further information regarding trademarks is available via my website (links in signature below).

    All the best :)

    #1110228
    Shaukat Adam Khalid
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    In addition to Jacqui’s valuable advice and from a strategic point of view, the only way to keep ahead is to focus on marketing and innovation.

    what would you do if you were selling a commodity? if i were you, i’d study industries that sell commodity such as professional services and learn how the top tier differentiate themselves.

    point of differentiation is rarely around the product unless it’s a product improvement. one simple strategy is offer a membership which can act like a fence around your customers.

    the paid membership would offer benefits like group consulting / critique / discussion, first in line for new products, members only discounts, outings and anything else that turns customers into tribe members.

    #1110229
    Keepsakes Design
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    Thanks you Jacqui and Khalid.

    I thought as much, but it is always good to get a second opinion on things, which has been very valuable. Thank you for taking the time to respond and helping me decide.
    I will be launching the two ventures soon, stay tuned…

    Best wishes
    Jackie

    #1110230
    AGMBris
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    • Total posts: 319
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    Sounds exciting, hope it all goes well.

    As a musician it has always been something I am mindful of with regards to copyright on lyrical content but we are covered somewhat by registered bodies in Australia.

    An interesting research link you might try also is http://www.copyright.org.au/

    Suburb relevance is a good idea too, not sure if you have looked into Google Places to enhance this element for you when designing web presence and SEO focus.

    Good luck!

    #1110231
    kathiemt
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    Hi Jackie, I have multiple ventures as a sole proprietor. So I have a different business name for each one but they’re all under ‘me’. And I have a different domain/website for each one too.

    Khalid is right about the marketing and innovation. You come up with an idea now but others will come up with similar things in the future, or an advancement on what you’ve come up with. All you can do is to keep striving to keep ahead and active. But that doesn’t mean you shouldn’t go ahead and I say ‘enjoy the journey!’

    #1110232
    Keepsakes Design
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    Hi All

    I posted on here last week asking for advice on a new business venture. One of them has just been launched!
    Here’s the new venture I have just launched We Love Local Business it’s a multi-business mailer promoting local businesses and encouraging the community to buy local. It has become apparent to me that lots of small businesses don’t have the budget to promote themselves professionally on a large scale. I am hoping this incentive will help keep businesses in business and cash in the community rather than going to the BIG Boys or overseas!

    It’s BIG marketing for a small budget. If you would like to promote your business to over 2,400 households in the Heathridge and/or Iluka area from only $130 please contact us and see further details attached. We will be expanding into other suburbs soon. If you could like us and share our facebook page that would be great! Please feel free to forward to businesses that may benefit from this amazing venture.

    #1110233
    JacquiPryor
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    • Total posts: 2,344
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    Congrats on the launch Jackie!

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