Many businesses assume that when they have a graphic designer or copywriter produce work for them that they automatically "own" the material produced. It is not that simple!
What many businesses don't know is that in Australia the general rule is that copyright (which is different to copywrite) vests with the person who has created the material, with copyright for artistic works lasting for 70 years after the creator's death.
The creator in effect owns the material, while you retain the rights to use the material for the purposes it was created for. However, if you want to use the work for another purpose you will need the creator's permission (such as if you have a logo on your business card and you want to use it as an element of your website design).
Verbal agreements, handshakes or assumptions can't transfer that copyright to your business. It doesn't matter if your designer or copywriter tells you – "of course you own the copyright to your material", unless you have it in writing through a formal Deed of Assignment of Copyright, it simply doesn't stand up in court.
This becomes an issue if at any time the business owner wants to have their design or brand trademarked. Unless they can show a Deed of Assignment from the designer, then it is unlikely that a trademark will be granted.
It also becomes an issue if the business owner wants to sell their business. Unless they can prove they own the rights to the words or images around their business, then the value of the intellectual property of those marketing pieces are significantly reduced.
The trouble is many graphic designers and copywriters are simply not aware of the complex legal rules around copyright – so they do not correctly assign copyright to their clients. This means clients can be caught later in trying to locate their designer or writer and have them formally assign copyright to them.
It gets even murkier when your creative person sub-contracted the work to another designer or copywriter to complete for you. The sub-contractor owns the copyright until they transfer it over to the contractor your hired, who can then transfer it to the client (are you still with me?)
The trouble is you may not even know if they are going to send your work through to a subcontractor – let alone if they have all the legal niceties tidied up (including confidentiality contracts).
If you are hiring a graphic designer, copywriter or other marketing person to create your material one of the core questions you need to ask are:
"How and when will you assign copyright to me?" and
"How do you make sure your subcontractors will keep my information confidential and will assign copyright to me?"
If they can't answer you, you may need to look for another designer, writer or marketing person.
Some creative businesses transfer copyright at the conclusion of the project once all fees are paid, and others do a major blitz a few times a year and send out all outstanding Deeds of Assignment.
Whatever way it is done, you need ensure you have a formal piece of paper on your file transferring copyright to your business.
If you want to learn more about copyright in Australia then visit the Australian Copyright Association – there are a large number of useful fact sheets on the site, and regular training programs on offer around Australia.
You can also discuss the matter with a specialist lawyer in Intellectual Property – to make sure your rights are protected from day one.
HR Tip - Employee Created Intellectual Property
While we are on the issue of copyright and intellectual property - the other issue you need to consider is who owns the rights to material produced by an employee?
Generally, if the work was produced by an employee in the course of their employment, using the employers resources and were paid for the time it took to produce, then the employer owns the copyright.
BUT, if the employee created work for things like periodicals, newspapers and magazines then the employee retains limited copyright over the material.
You also have issues where the employee did the work in their own time, outside of work hours or where you did not give them clear direction and control.
This is a hotly contested legal area, with many libraries full of case law around it.
To protect yourself you need to ensure your employment agreements clearly assign intellectual property rights and copyright to the company.
You also need to ensure some basic good management skills - pay people for the hours they work even if the work was completed at home, ensure you have adequate knowledge and control over what the person is doing and when in doubt seek competent legal advice.
This week I had my photo shoot with the fabulous team from Full Frame Photographics (stay tuned in a few weeks time when I share the photos with you).
In getting ready for the shoot I hired a make-up person to help hide the wrinkles. I got much more than I had bargained on when Julia Dickenson arrived.
Julia is the Managing Director of Oradess. Why was she so special?
For starters she has extensive experience - this is not your local Avon lady moonlighting as a make-up assistant. Julia is currently a senior lecturer at the Australian Institute of Applied Science. Her list of personal qualifications and certifications is impressive in any person's books.
When she set up Oradess she had 100% conviction in its success - so has taken the steps to put all the foundations in place:
Trademarked the name and logo
Stunning, well optimised website
Business coach
Correctly structured company and financials
Exceptional marketing
She has created her own make-up range that I have to tell you feels great, looks great and lasts in hot summer sun (my make-up didn't melt even after hours of photographs).
One more thing - her passion is teaching mature women how to update their image through make-up and grooming. I picked up some great tips during my session and will be booking into one of the next Oradess workshops to learn even more about colour, application of make-up and a whole lot more.
So ... the reason Oradess is business of the week is the combination of technical expertise, getting all the foundations in place, skillful use of experts to take her business further and just a generally great person to work with. She is an inspiration to any small business owner.
This week I started to look at some of the fundamental human longings and how they can be applied in business. In this post I looked at how the world economic crisis is impacting on people and how this affects businesses. I gave some tips on how to adjust your marketing to deal with where people are today.
I also shared an exciting "win" by the Heart Harmony team.
"My business had had a tough year … and I had tried unsuccessfully to sell it.
I realized that I needed to help to refocus the business, or to decide to get on with something else. I searched the web and found Ingrid.
We only had 6 or 8 one hour sessions, but in that time Ingrid helped me to focus on the part of the business that I enjoyed, which perhaps not so coincidently was the part of the business that was doing best.
My turnover is greater than ever before, and my margins are much improved.
Ingrid’s ability to get me to calmly look at my situation, see the opportunities, and then focus on pursuing them was fundamental to the successful turnaround of my business.
I enjoy getting her newsletters, and find her to be very generous with time and genuine desire to do good work with her clients.
My time spent with Ingrid has been a great investment. I have no hesitation in recommending her."
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Verbal agreements, handshakes or assumptions can't transfer that copyright to your business. It doesn't matter if your designer or copywriter tells you – "of course you own the copyright to your material", unless you have it in writing through a formal Deed of Assignment of Copyright, it simply doesn't stand up in court. 
