Legal advice about marketing (featuring Wallace and Wallace Lawyers)
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We are joined by the amazing Ange Hurley from Wallace and Wallace Lawyers to run through the legal and marketing overlap. Ange discusses what legal rights we have with our works and what we shouldn’t be doing with other people’s works.
Trademark:
The big question is whether to trademark your business or not.
First of all, you need to register your business name, ABN and Tax Obligations and then we can move on to the trademarking of your branding. Trademarking is a protective layer of your business name, logo and branding for no one else to try and use it.
Copyright:
This is huge in our industry with what we legally can and can not use of other people’s works.
There are different areas that apply to marketing,
· Literary works – eg. books, website content and song lyrics
· Artistic works - eg, drawings, paintings and graphic design
· Dramatic works – eg, choreography and films.
Always ask permission from the original creator of the work if you can use their photos, logos and copy.
Disclaimers:
There is no legal requirement to have disclaimers however it can benefit you to build credibility.
T&C’s:
You can absolutely have a terms and conditions template that is updated with each new competition or event that arises. You don’t need to recreate your whole Terms and Conditions document each time.
Email marketing:
One-click unsubscribe needs to be a straightforward process for your users to opt-out of email marketing. This process needs to comply with the Spam Act or you could face a fine of $44,000 !!
To legally collect people’s data, you need to be transparent with how you are using it which can be included in your Privacy Policy.
WRAP-UP TIP:
If you are starting a business, before you jump into marketing please see an accountant and a lawyer to set you up. And then we can jump into the fun design stuff.
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