Art Law Basics - 22.4.13 part 2

Art and the Law - part 2
part 1


The design art is different to copyright because it patents the shape, pattern and ornamentation of the design, enabling the designer/ company to monopolize that particular design for 10 years.

Trade marks or ™  patents names and logos.  It is important to register your business name or domain main before someone else takes it and says you stole their name. 

When enabling people to use or hand over patenting  rights you need a contract. Contracts can be oral, in writing, partly written partly orally or implied by people's conducts or actions, but the best way is a written contract.

Contracts are like promises, which are legally binding and hold consequences if broken.  They are used to flush out issues and let each party know what is happening, without misunderstandings.

	Licensing (giving permission	Assignment rights (ownership)
Written contract	yes	yes
Verbal contract	yes	no
Retain ownership	yes	no
Time limit	yes	no
Royalties payed	yes	no
Geographic area	yes	yes
Moral rights	yes	yes

moral rights chart

Business structure

This was the area that I got a bit lost in, so I hope it's ok (@.@)

You can either structure yourself as an unincorporated or incorporated business, which means is your business run by you as an individual or is the business an entity in itself.  Some examples of an unincorporated business (who works for profit) are sole traders, partnerships or joint venture and for incorporated it's proprietary Ltd company and co-operative.

A person who is a hobbyist can earn income and doesn't have to pay taxes, but at the same time they can't deduct expenses from tax.  If they happen to make over x$$ (not sure how much) then they have to become a professional.

They had a whole bunch of information about ABN numbers, not making profit and offsetting losses against another source of income and tax and stuff, but i'll skip that.

 The next point that was addressed was being an employee in a company compared to a contractor from another company/ or free lancer.  If you are an employee you have to work a certain amount of maximum hours, you have payed leave, workers compensation, tax and superannuation.  Also anything you create at work is copyrighted by the company you work in compared to as an individual.


Finally, the last point was on prizes and competitions.

• Has their own terms and conditions
• Are you eligible for it?
• Entrance fee?
• What happens if you don't win? (Do you keep your copyright?)
• Do you license or assign your copyright
• Non-exclusive licence
• Moral rights
• Use of your name and personal information (Do they give you credit for the final product?)
• Warranties
• Attendance at events (at your own expense)