Studio Legal
We’re a studio of lawyers inspired by those who dare to dream, make and create big.
At Studio Legal, we understand the commercial pressures of pursuing creative endeavours, running a business and taking risks. We’re here to support the big thinkers of the world so they can feel more confident and enjoy peace of mind, knowing their legal interests are protected. From start-ups to established international businesses, we represent creative people and brands in exciting industries s
16/05/2023
Lots of creative concepts and legal content brewing in…..’The Studio’.
Stay tuned!
12/05/2023
Last month, the ACCC released its Digital Platform Services Inquiry (Interim Report No. 6).
The report examined competition and consumer issues associated with social media services in Australia and analysed how social media is used by consumers, businesses, advertisers and influencers.
Surprisingly (or maybe not surprisingly?), the ACCC reported that 81% of influencer posts they had reviewed included potentially misleading endorsements and testimonials.
This shows influencers (generally) are still getting across the law and how to comply with relevant advertising codes, including importantly the AANA Code of Ethics. More education is obviously required.
Swipe for a refresher and some hot tips on how influencers and marketing agencies can comply with the AANA's Code of Ethics.
Read the full blog here -
https://studiolegal.com.au/blog/ad-the-new-rules-of-social-media-advertising-that-influencers-need-to-know/
If you'd like to chat about the above, contact us via email at [email protected].
#Ad: Social Media Rules That Influencers Need to Know They say a picture tells a thousand words. However, in 2021, you may have to include a in your social media posts if you want to stay out of trouble!
08/05/2023
Got talent? But need help managing and commercialising your personal brand?
Talent managers can be key to helping you to define your business and marketing strategy, grow your reach, receive more work and develop a long standing career!
So - you’ve been approached by a talent manager who wants to work with you. What comes next?
Well, you need to negotiate and agree on the terms of your talent management agreement (ideally with the help of your entertainment lawyer – this is not something you want to DIY).
In this week's blog, Harry Croft (Senior Associate) and Jennifer Tutty (Principal) have collated a list of 7 key things talent need to look out for when signing a talent management agreement.
For more info, check out our blog now: https://studiolegal.com.au/blog/understanding-your-talent-management-agreement-7-key-tips-for-talent/
If you'd like to chat about the above, contact us via email at [email protected].
05/05/2023
We were happy to wake up to the news that Ed Sheeran won his USA copyright infringement claim (yes, he's a guilty musical pleasure for a few of our team).
The news is a relief, as now he won't be giving up music like he threatened to do if he lost the case. Phew.
And of course, because we love a good music copyright court decision, we have broken down the reasons Ed won, so you can flex your legal knowledge when discussing the case at your social events on the weekend.
Swipe across to read our simplified breakdown.
You're welcome!
Photo source: Getty/Michael M. Santiago, shared for the purpose of reporting the news.
04/05/2023
The next edition of our 'Create Confidently' newsletter comes out today. We wrap up all the legal highlights from the last month in a nice little package delivered direct to your inbox.
It contains important and practical legal tips, news, insights and information to help creative Australians run great businesses.
Keep yourself informed!
You can find the sign up link here - https://studiolegal.us5.list-manage.com/subscribe?u=e4c29e2ab53836986f42fcbe3&id=381dc2ce27 or enter the details at the bottom of our website - www.studiolegal.com.au.
27/04/2023
Introducing a new segment to our socials... the series.
For this series, we've collated some of the most burning legal questions our clients commonly ask us.
Over the next few months, we will share these questions with you... plus the answers (of course) in plain easy to digest english.
So, level up your legal knowledge in a flash and apply some new smarts to your business.
Good thinking 99!
Looking for legal assistance? Get in touch with us via email at [email protected] or through our online form: https://www.quotientapp.com/.../41558.../form
18/04/2023
Shareholders agreements are an important mechanism that set out the rights and obligations of shareholders and ensure the smooth running of a company.
In todays blog, Harry Croft and Jennifer Tutty outline 7 key components of these agreements.
For more info, check out our blog now: https://studiolegal.com.au/blog/7-key-considerations-for-a-shareholders-agreement/
If you'd like to chat about the above, contact us via email at [email protected].
11/04/2023
Have you ever walked into Aldi and noticed how closely its product packaging resembles well known brands?
In this week's blog post, Jennifer Tutty (Principal), Alyce Evans and Lucy Diggle discuss Aldi's 'close, but not too close' branding strategy, and the latest lawsuit brought against the supermarket giant by an Aussie snack food brand.
For more info, check out our blog now: https://studiolegal.com.au/blog/aldi-sued-for-copyright-infringement-by-aussie-snack-brand-studio-legal/
If you'd like to chat about the above, contact us via email at [email protected].
03/04/2023
Looking to launch your own bar? Or, perhaps, you already have?
While we may not be masters of mixology or qualified sommeliers, when it comes to opening up a new bar, we understand the key business legals required.
Whether you’re a seasoned hospitality expert or new business owner, we highly recommend you scroll through our top tips!
For more info, check out our blog now: https://studiolegal.com.au/blog/opening-a-bar-sip-back-and-read-our-5-key-legal-tips/
If you'd like to chat about the above, contact us via email at [email protected].
23/03/2023
Influencer marketing and the exchanging of social media posts for gifts and free products has boomed over the past few years.
However, there are still a lot of unknowns surrounding these sorts of transactions. In particular, many are questioning whether influencers are required to declare non-cash payments (such as gifts) as income in their tax return and whether influencers need to pay tax on these sorts of payments.
In today's blog post Principal Jennifer Tutty and Senior Associate Harry Croft, answer key questions influencers are asking in relation to receiving gifts and free products, as well as what income tax obligations they need to be aware of.
For more info, check out our blog now: https://studiolegal.com.au/blog/do-i-have-to-pay-income-tax-on-gifts-and-other-free-products-a-guide-for-influencers/
If you'd like to chat about the above, contact us via email at [email protected].
20/03/2023
8 key questions influencers should be asking brands before agreeing to a talent agreement.
Q1: WHAT EXACTLY DO I HAVE TO DO FOR YOU?
Make sure the scope of the services and things you have to deliver is clearly defined in writing. You can never be too detailed.
Q2: HOW LONG WILL THE AGREEMENT LAST FOR AND IS IT LIMITED TO A PARTICULAR TERRITORY?
If you know the length of the contract, and what location it applies in, you will be able to better plan other opportunities around the contract.
Q3: AM I REQUIRED TO BE EXCLUSIVE TO YOUR BRAND? OR ARE THERE ANY OTHER RESTRICTIONS PLACED ON ME IN RELATION TO THE CONTRACT?
Be wary of contracts that limit your ability to work with other brands. If the contract requires exclusivity…consider whether you’re getting paid enough to agree to exclusivity obligations or other restrictions.
Q4: DO I OWN THE MARKETING ASSETS I CREATE FOR YOU UNDER THE CONTRACT OR WILL YOU OWN THEM?
Where possible, choose to ‘licence’ IP to brands, rather than transferring ownership. More importantly, make sure you don’t mistakenly transfer IP you need for other projects.
Q5: WHAT RIGHTS DO YOU HAVE TO USE THE MARKETING ASSETS I CREATE FOR YOU?
You need to understand for how long, in what location and via what media the brand can use the marketing assets you create for it. Limit the usage rights for a certain fee. Charge more if the brand wants additional uses.
Q6: CAN I APPROVE THE FINAL VERSION OF ANY MARKETING ASSETS BEFORE YOU PUBLISH THEM?
To protect your brand and reputation, it’s best to sign-off on final assets before use. Make sure this is in the contract.
Q7: CAN I USE THE MARKETING ASSETS, AND YOUR BRAND'S NAME/LOGO FOR MY OWN SELF- PROMOTIONAL PURPOSES?
Always make sure you can use the final assets on your own socials and other platforms. You should also get pre-approval to list the brand as a client.
Q8: WHAT ARE YOU PAYING ME (I.E. CASH, NON-CASH BENEFITS AND/OR SUPER) AND WHEN WILL YOU PAY ME?
The fee (incl. cash and non-cash component) should be agreed in writing. Insist on being paid super on top of the fee.
For more info, check out our blog now: https://studiolegal.com.au/blog/8-key-questions-influencers-should-ask-brands-before-signing-a-talent-agreement/
16/03/2023
We are looking for a new lawyer to join our team and we are so excited. All the details can be found in the Seek job ad https://www.seek.com.au/job/66153905.
Please get in touch if you want to discuss the role.
Love Jen and the Studio Legal team x
15/03/2023
Next in our OfficeDJ Series - Commuting on clouds.
Playlist 09: Sebastian, one of our associates has put together a mix that perfectly accompanies your commute to work. Sounds from the clouds, and beyond.
Featuring artists such as Fred P, Voices From The Lake, Nala Sinephro and more.
Visit the Office DJ Series - https://open.spotify.com/user/9q8x291wfehiormto2yy1g06t?si=3c1c7304cae84da8 to access Sebastian's Commuting on clouds playlist on Spotify.
14/03/2023
“Dear Jen, I regularly publish videos online to promote my business. I never get people in the videos to sign a release. Is this a problem for me?"
This week, Jen replies to a business owner who wants to know whether they need releases for their videos. In her response, Jen breaks down the key benefits of obtaining releases (and what can happen if you don't have one!).
Swipe through to read Jen's full advice.
If you'd like to chat about the above, or would like to discuss a situation in your own life, contact us at [email protected]
09/03/2023
Q: Can you remove talent (e.g. musicians/public speakers/celebs) from your event lineup due to public pressure...?
Following public outrage over the inclusion of Sticky Fingers in its upcoming festival, Bluesfest has announced the band's removal from its line-up.
This week’s blog by Principal, Jennifer Tutty, is a must-read guide for event promoters, answering the key question: "Can you cancel talent due to public pressure?"
Read the full blog post here - https://studiolegal.com.au/blog/
Want to know more? If you'd like to discuss any of the above, get in touch via email ([email protected]) or through our online form https://www.quotientapp.com/.../41558.../form
07/03/2023
An event close to our hearts - Paypal's Melbourne's Fashion Festival has once again returned for 2023.
As fashion lawyers (and lovers), we're constantly inspired by the creativity of Aussie designers. Therefore, we love working alongisde them to provide the tools, legal knowledge (and yes, the contracts), to run a successful fashion business.
If you're a fashion designer (or aspire to be!), swipe through our top tips above!
Want to know more? If you'd like to discuss any of the above, get in touch via email ([email protected]) or through our online form https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
Written by Studio Legal's fashion and IP lawyer, Alyce Evans and Principal, Jennifer Tutty.
02/03/2023
So you're launching a new brand? (How exciting!)
The logistics of starting a new business - from concept to launch - can be incredibly demanding.
Before these aspects take hold of your time (and money!) however, it's important to ensure your brand is watertight from a legal perspective so you can use, manage and protect your key business assets.
Check out our tips to find out how!
Looking for legal assistance? Get in touch with us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
27/02/2023
Ever wondered how South Park continues to get away with roasting famous figures in its episodes?
For those who missed it, South Park was recently in the news regarding its depiction of Meghan Markle and Prince Harry. Following the episode, rumours swirled that the couple may be taking legal action.
Notably, this isn't the first time South Park has roasted celebrities, world leaders, politicians and corporations in its controversial show.
In this week’s blog post by Principal Jennifer Tutty, Alyce Evans and Lucy Diggle, we consider US law and some potential reasons as to how South Park continues to get away with this.
Read the blog now: https://studiolegal.com.au/blog/celebrity-roasting-how-does-south-park-get-away-with-it/
Stay tuned for Part 2 (coming next week) where we consider what would happen if South Park was an Australian production.
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
Photo by South Park, shared for the purposes of reporting the news.
20/02/2023
A win for the Australian film and television industry!
After years of lobbying from stakeholders across the screen industry, our new National Cultural Policy 'Revive' has confirmed plans for an Australian content quota for global streaming services. This will help guarantee more sustainable levels of investment in Australian screen stories, and boost jobs across the screen sector.
In this week's blog post, written by Lucy Diggle and Principal, Jennifer Tutty, we take a look at the regulation of Australian content in the screen industry to date and discuss how this new policy aims to 'revive' our entertainment industry.
Read this blog on our website now: https://studiolegal.com.au/blog/dare-to-stream-australian-content-quota-confirmed-for-film-and-tv-streaming-services/
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://lnkd.in/gj-umrGK
16/02/2023
Last week, the Federal Court ruled in favour of 'Better Beer', the lovechild brand of Australian Comedic duo 'The Inspired Unemployed', in a consumer law battle with Brick Lane Brewing.
So, sit back and grab a beer as we break down what happened...
Firstly, Brick Lane alleged that the producers of Better Beer (Torquay Beverage Co), engaged in misleading and deceptive conduct and made false and misleading representations under the Australian Consumer Law in the making, selling, and promoting of its Better Beer products in a similar 'get-up' to Brick Lane Brewing’s ‘Sidewinder’ non-alcoholic beer.
‘Get-up’ is a form of intellectual property (IP), referring to the total combination of design and other visual elements of a product's packaging. Unlike other forms of IP, get-up is not protected by statute. Therefore, it remains notoriously difficult to protect.
Central to the court's decision was the fact that Brick Lane lacked a sufficient reputation in their Sidewinder ‘get-up’ at the time Better Beer launched their products. This made it unlikely that a consumer would get confused between the two.
The courts also found that each product had a distinctive brand, in a different typeface, which looked and sounded different.
Thirsty for more? Read this blog on our website now: https://studiolegal.com.au/blog/legal-news-the-inspired-unemployeds-better-beer-wins-legal-get-up-battle/
If you'd like to chat about the above, contact us via email at [email protected]
Photo of The Inspired Unemployed for Better Beer, shared for the purposes of reporting news.
14/02/2023
With generative artificial intelligence on the rise, questions of authorship and copyright protection are becoming common themes of public commentary and concern.
Over the past week, we received a number of questions on the topic from clients, friends and family.
You asked and we listened!
In this week’s blog post, written by Lucy Diggle, Alyce Evans and Principal, Jennifer Tutty (not ChatGPT – we promise!), we break down Australia's position on copyright for AI-generated literary works and answer some of your key questions including:
❓️Do I own the copyright in content I create using ChatGPT?
❓️Can I transfer copyright in content I create via ChatGPT to a client?
❓️What can go wrong when using ChatGPT in my business?
❓️What if I edit/rewrite the output generated by ChatGPT? Is my edited or new version protected by copyright?
Finally, we consider different countries and their positions on the matter.
Read the full blog on our website now: https://studiolegal.com.au/blog/chatgpt-and-copyright-your-key-questions-answered/
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
09/02/2023
This week, the Therapeutic Goods Administration (TGA) announced that, as of 1 July 2023, approved psychiatrists will be able to prescribe M**A for the treatment of PTSD, and psilocybin for the treatment of treatment-resistant depression.
As well as being amazing news for advocates of the treatment, this has opened up a whole new industry for drug manufacturers in Australia.
We are already seeing businesses look to trade mark their brands for M**A and psilocybin products - and it's super interesting to uncover who is getting in early on the Australian trade mark register.
Read this blog on our website now: https://studiolegal.com.au/blog/legal-news-tga-approves-medical-use-of-mdma-and-psilocybin-as-businesses-seek-to-register-trade-marks-for-drug-products/
Finally - we are keen to hear what do you think about the TGA's move?
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://lnkd.in/gj-umrGK
06/02/2023
In the news... the ACCC have cracked down on social media advertising.
If you're an influencer creating sponsored content/ads (or an agency, brand or business working with these influencers), this applies to you!
In this blog, Alyce Evans and Principal, Jennifer Tutty explain the ACCC's sweep of social media and why it's more important than ever to include a on all social media ads.
Read this blog on our website now: https://studiolegal.com.au/blog/accc-cracks-down-on-social-media-influencers/
If you'd like to chat about the above, contact us via email at [email protected]
31/01/2023
So, you’ve decided to apply to register your trade mark. Congrats! What's next you ask?
It's time to turn your attention to trade mark classes!
In this week's blog by Gital Ben-Zvi, Alyce Evans and Principal, Jennifer Tutty, we explain:
- What trade mark 'classes' are.
- How to pick the best ones for your business.
- Why getting this right is so important to your trade mark application (and your business!).
Read this blog on our website now: https://studiolegal.com.au/blog/how-to-choose-the-best-trade-mark-for-your/
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://lnkd.in/gj-umrGK
16/01/2023
"What is a trade mark...and does my business actually need one?"
It's a question we're regularly asked by clients, family and friends running their own brands and businesses.
Whether you're operating a side hustle, small business, or a global company, we always recommend trade marking your key brand assets (brand name, logos, slogan, etc).
Swipe through our trade mark tips 101 to find out why.
Ready to apply for a trade mark? Contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
13/01/2023
Things we love about our job:
1. Working with talented artists, creatives and business owners.
2. Filling our Studio Legal home (office) with the amazing work of our clients.
We're obsessed with this new addition to Jen's office - a painting by our very cool client, Stephen Baker.
Here's to Australian artists, the amazing work they create, and the endless inspiration they provide.
If you're an artist looking for legal support or advice, contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
12/01/2023
With the new year well underway, we've been getting lots of questions from businesses asking what to prioritise (legally) as they head back into the office/studio/workshop.
In response, the Studio Legal team have each come up with their top legal tip for you to elevate your business in 2023:
TIP 1 (SEBASTIAN): STARTING A NEW BRAND?
Make sure to register your brand name, logo and any other key assets as trade marks!
TIP 2 (ALYCE): MARKETING PRODUCTS ONLINE OR VIA SOCIAL MEDIA?
Make sure you comply with advertising laws and codes. (Yes, this applies to influencers promoting products too). Unsure what laws and codes apply? A good place to start is the AANA Codes and the TGA Code.
TIP 3 (GITAL): THINKING OF HIRING NEW EMPLOYEES (OR YOU ALREADY HAVE...?)
It's time to get across applicable awards and the National Employment Standards (NES). Make sure your business is compliant. Failing to do so can result in heavy penalties and damage your business' reputation.
TIP 4 (JENNIFER): REFRESH YOUR CLIENT/CUSTOMER T&CS!
A 2023 redraft will ensure your T&Cs accurately reflect your business' current requirements. Additionally, a refresh can ensure your T&Cs:
- Cover any updated laws.
- Effectively protect and commercialise your IP assets.
- Clearly state payments and cancellation terms.
- Address any 2022 pain points.
TIP 5 (HARRY): LEARN ABOUT 'SUPER' REQUIREMENTS FOR YOUR BUSINESS!
Make sure you know when your business is required to pay superannuation... whether that's to employees, contractors, suppliers, talent and influencers, or agencies acting on their behalf. Get properly drafted contracts in place to protect your business against non-compliance!
If you'd like to chat about the above or any other legal matters, contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
09/01/2023
As the sun shines bright in Australia, we officially open up our offices for 2023.
Here's to an amazing year, full of creativity, growth, fun, connection and plenty of nice food and wine!
Lots of love, Jen x
Looking for legal assistance? Get in touch with us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
22/12/2022
Word from Jen ...
As we reflect on what an amazing year it has been for the Studio Legal team (like the best ever!), we wish you a beautiful end of year break and look forward to seeing you all in 2023!
Lots of Love,
Jen x
Photo captured by Isaac Wallace (https://www.isaacwallace.au/) and shared with his kind permission.
07/12/2022
As the saying goes, the truth is often stranger than fiction.
While writers often seek inspiration from reality, this opens the door to certain legal risks. In particular, if you're writing about someone else (or basing your character off them), a claim of 'defamation' may come your way.
This week's blog by Alyce Evans and Principal, Jennifer Tutty, provides practical guidance and tips on defamation law (and avoiding defamation claims!) for writers.
Read the blog on our website now: https://studiolegal.com.au/blog/when-fact-inspires-fiction-how-to-avoid-defamation-claims-as-a-writer/
If you'd like to chat about the above, contact us via email at [email protected] or through our online form: https://www.quotientapp.com/e/41558-5fd6c613d0a240969425bf418ab80f9b/form
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Our Story
We are a boutique law firm for the entertainment, fashion, hospitality and creative industries. Intellectual property, entertainment, media and commercial law are our main areas of practice.
Our office is in the vibrant hub of Chapel Street, Windsor. This is where we represent a variety of creatively driven clients from musicians, festivals, publishers, fashion houses, restaurants, designers, creative agencies through to tech enthusiasts and budding entrepreneurs.
Many of our clients have been with us since we opened our doors. We believe this loyalty and satisfaction comes from the fact that we do great work, are easy to deal with and always go the extra distance.
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