Stranger things have happened – Netflix writes funny cease and desist letter

Sharon Givoni Consulting Consumer Law, Copyright, Entertainment Law, Film, Intellectual Property

The words “cease and desist” letters often get used in intellectual property matters. We think of bigwigs in Hollywood going after fans and creators of fan fiction, sending cease and desist letters threatening legal action if people are using content without appropriate licences. However, there are no set “rules” for a cease and desist letter […]

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Interview on fashion design for the ABC

Sharon Givoni Consulting Intellectual Property

Sharon Givoni was recently interviewed for the ABC in relation to how IP laws in Australia protect fashion designers. Sharon takes some time to answer some burning questions on copyright, designs and fashion, looking at the adequacy of protection in Australia and overseas. How big an issue is copyright infringement in Australia? I think the […]

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TRADE MARKS – WHAT’S IN A NAME?

Sharon Givoni Consulting Intellectual Property, Trade marks

When we brand things, our brains perceive them as more special and valuable than they actually are. -MARTIN LINDSTROM The word ‘Nike’ with its ‘swoosh’ logo and the word ‘McDonalds’ with its ‘golden arches’ logo are examples of world-famous trade marks. So long as your business’ sign serves to indicate to consumers where the goods […]

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Social media – what’s in an account name?

Sharon Givoni Consulting Copyright, Intellectual Property, Internet Law, Social Media

We all know that social media accounts can be a valuable asset to any business. In the early days when an account was linked to a person, ownership questions were far less contentious. However, those days are long gone, and the revenue stream which comes from social media connections means that the ownership of those […]

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COPYRIGHT 101 – BACK TO BASICS

Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Protecting ideas, Street art

Only one thing is impossible for God: to find any sense in any copyright law on the planet.[1] -MARK TWAIN As the famous quote by nineteenth century author Mark Twain suggests, and this section will demonstrate, copyright may be a complex area of the law, but the underlying message is quite simple: don’t copy! Take […]

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Is it always legal to snap?

Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Photography

Many people believe that photographing people without their knowledge or consent is an invasion of privacy and therefore against the law. However, you might be surprised to learn that leaving aside the moral issues that this might raise, in Australia it is (on the face of it) perfectly legal. This issue has become particularly important […]

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Photography laws – copyright and other matters: Is it always legal to snap?

Sharon Givoni Consulting Copyright, Intellectual Property, Photography

Many people believe that photographing people without their knowledge or consent is an invasion of privacy and therefore against the law. However, you might be surprised to learn that leaving aside the moral issues that this might raise, in Australia it is (on the face of it) perfectly legal. This issue has become particularly important […]

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BRANDING LAWS PACKAGED AND GIFT-WRAPPED

Sharon Givoni Consulting Intellectual Property, Packaging, Protecting ideas, Trade marks

Only a century ago, the attraction of consumer products was in their practical application. Soap, for example, was originally packaged in anonymous greyish bars and purchased by consumers purely for its cleaning attributes. Now, soap promises so much more – it exfoliates and softens, refreshes and revitalises (Norsca), doubles up as a “beauty aid” (Dove) […]

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Social Media Influencers – To post or not to post, that is the question

Sharon Givoni Consulting Consumer Law, Intellectual Property, Social Media

The reality is that everyone needs to post, gram and/or tweet to be in the marketplace. Marketing a business or product today requires a seemingly endless stream of content and new ways to reach new audiences. Social media influencers can be a great addition to your marketing campaign, but be sure that you do not […]

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Protecting yoga and dance moves – How far can you stretch copyright law?

Sharon Givoni Consulting Copyright, Intellectual Property, Protecting ideas

Imagine this scenario. You come up with an amazing sequence of 26 yoga poses and an accompanying dialogue so that yoga class could be taught throughout the world. People could go to a class in Australia or LA and know it would pretty much be the same. This is exactly what happened to well-known Indian […]

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