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It's always better to learn from other people's problems, than to have to deal with those same problems ourselves. That's why I like to share with you the challenges I deal with every week at CG Lawyers as well as comment on the trade mark cases that make the news. The story about Peter McRae is an eye-opener for every business-owner.

But first, I have an announcement to make:

Congratulations Sha-mayne Chan of 2birds Graphic Design!

CG Image I want to thank everyone who joined me at the Celebration of CG Lawyers Community Lunch at Yuga Cafe and Gallery last month. As you know, The Fred Hollows Foundation was the recipient of a $200 donation to be made in the name of one guest at the event. The winner was Sha-mayne Chan (www.2birds.com.au) and the donation has been received and confirmed in her name.

Photos from the luncheon are on my website - I'm sure you'll want to have a look (www.cglawyers.com.au). Please contact us if you would like the community password to access the photographs.

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Actually, this is not a joke. I want to tell you about two very interesting copyright matters I was involved with recently.

You probably met Rosa Frigel, events manager for Designa Management Services, at the recent CG Lawyers lunch. Rosa asked me for advice on copyright issues relating to her new website (she said it was okay for me to tell you). She wanted to know how to protect her copyright material from being copied or downloaded. Here's what I told her.

First, she needs to define good terms of use and position them clearly on the site. Then she needs to put the copyright © sign in several key places to reinforce that it is her material. And finally, she needs to investigate software that prevents downloading of material from her website.

CG Lawyers Picture A good hint is to use low resolution images so although they look great on the computer, they are too low a quality for print reproduction.

The other copyright matter concerned an author and his latest coffee table book. He was concerned that his latest book might look too similar to those that have been produced before. My advice to him was to get a professional copywriter to help him with wording and advice on the organisation of the content. But, I had a word of caution as well. It's vital that the copywriter assigns all copyright in the project to him - in writing.

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That's a big 'what if' that many small to medium sized enterprises don't consider until it's too late. The big companies have lawyers on retainer to watch their backs and ensure their rights are protected and enforced. But businesses with turnovers of $250,000 to around $5 million don't have the luxury of a full time 'watchdog'. So, what can you do?

The first step is to take a good look at your business' intellectual property. That's your logo, your slogan, your corporate colours and all your promotional material and photographs. It’s also your designs and any inventions. You may assume that because you paid for it, you own it - but the law says otherwise. For example, your graphic designer, writers, photographers - the people who created the original work - are probably the real owners of the copyright in anything they produce for you.

You need to protect your rights - and it is easy really. (Remember, when you are ready to sell, a potential purchaser of your business will probably want a guarantee from you that you own all the rights to your branding.)

CG Lawyers Picture Caterina Cosentino, a former partner of Blake Dawson, is a consultant with CG Lawyers. Caterina and I offer you audits of your copyright, trade marks, designs and even patent assets. We can also check that you are keeping your confidential information safe. We'll identify if you have any 'grey' areas in your protection of these assets and advise you on what you can do to rectify any problems.

Do you really have a complete picture of what intellectual property assets you have, and do you really own them all? Find out for sure.

 Final Words...

Take a look at what's happening to Peter McRae of Macpro Computers in Melbourne. He's been providing computers and technical support for 26 years under his Macpro brand.

'In an oversight he now seriously regrets' he failed to officially register the Macpro trade mark and is now the target of computer giant Apple (because they are releasing the new Mac Pro).

You can read more here.

This is the last eNEWSLETTER for 2009.
If there is any particular topic you'd like me to cover in the
first of the 2010 editions just drop me an email.



The statements in this email are not intended to be a definitive analysis of legislation or professional advice. You should take legal
advice before any course of action is pursued.