Articles

Privacy Law for Artists We recently wrote an article for Frankie magazine about how Australia’s new privacy tort affects artists and photographers. In this extended version, […]

Can You Copyright a Recipe in Australia? A Legal Guide for Food Creators If you’re a chef, food blogger, stylist, photographer or food brand that shares […]

Laws of Photography in Public Spaces Published by Australian Photography, Sharon Givoni’s latest article considers the legal and ethical issues surrounding public photography in Australia. The […]

Beware of Hidden Traps in Trading Terms and Conditions: A Legal Guide for Furniture Designers Trading terms and conditions may seem like standard paperwork, but for […]

How Austaralia’s new privacy tort affects marketers, advertisers and photographers In today’s hyper-connected world, telling real stories is often the key to marketing magic. But where […]

What happens if your clients ask you to create ‘something similar’ Let’s start with a quote: “You can’t use up creativity. The more you use, the […]

Photographers vs. Algorithms: Who Wins the Copyright Battle? Sharon Givoni’s latest feature article, published by Australian Photography, explores the world of artificial intelligence and copyright in […]

Can I Be Sued for Taking Someone’s Photo? Amy was out walking her dog through Sydney’s Kings Cross when a stranger approached her. He was persistent, […]

Mind the “GAPP”: What to Do If the Privacy Act Doesn’t Apply to Your Business Are you a small business unsure whether the Privacy Act applies […]

Protecting Your Creativity: Why Copyright Matters for Australian Creators As a creator, your work is more than just what you produce—it’s your passion, your livelihood, and […]

First to Market? Here’s How to Stop Others From Copying Your Idea In our previous blog, Protecting Your Creative Business Ideas Legally (https://sharongivoni.com.au/protecting-your-creative-business-ideas-legally-from-lego-to-logos/), we explored the […]

Are Your Privacy Policies Compliant? Protect Your Business Under Australian Law Privacy. It sounds like a simple concept, right? Keep people’s information safe, don’t sell it […]

How to Avoid Your Brand Becoming Generic Get expert tips and real-life examples of trade marks that became everyday words, from Bubble Wrap to Sharpie. Imagine […]

Can Pseudonymisation Protect Your Business from Data Breaches? It has been said that “A good name is rather to be chosen than great riches” Proverbs 22:1 […]

Protecting Your Creative Business Ideas Legally – From LEGO to Logos Ideas are exciting. They spark innovation, fuel businesses, and bring creativity to life. But in […]

Manufacturing Agreements and the Law When Benjamin Franklin once said “The bitterness of poor quality remains long after the sweetness of low price is forgotten” what […]

AI and the Law: Key Legal Issues for Businesses and Creatives We are living in a world where artificial intelligence (AI) is transforming everyday life—from personalised […]

Selling Pet Food in Australia: What Are the Legal Traps to Avoid? In the world of pet food, it’s easy to get caught up in marketing […]

Legal Protection for Jewellery Designs Imagine spending months perfecting a jewellery design—painstakingly crafting every curve, detail, and texture to create something truly unique. Then, one day, […]

Copycat Products: What You Can Do If Someone Copies Your Design If you’ve ever walked into a store and thought, Wow, that looks just like my […]

Graphic Designers: Can You Use Images From the Internet? You’re a graphic designer on a deadline. A client wants a sleek, modern design, and you need […]

Copyright, famous paintings and Surface Designers Imagine this: You’re a surface designer, scrolling through Pinterest late at night, sipping your third coffee of the day and […]

Can You Use Images from the Internet? Imagine you are  scrolling through the internet and stumble across a perfect image of flowers. Vibrant, high-resolution, and exactly […]

Crumbl and Stumble: Pitfalls of Unauthorised Imports We have all heard the phrase: “There’s no such thing as a free lunch.” American economist Milton Friedman said […]

What can you do if someone defames you or uses deepfake? Deepfakes are becoming a huge issue and so is their potential for defamation. Imagine logging […]

Copyright or Wrong? What every writer needs to know Writers thrive on ideas—but copyright law protects the way those ideas are expressed, not the ideas themselves. […]

Why Every Interior Designer Needs a Solid Contract Imagine this. You’ve just completed the most breathtaking living room of your career—every detail curated to perfection. The […]

When House Brands Cross the Line: Aldi Breached Copyright Supermarket giant Aldi, renowned for its “like brands, only cheaper” ethos, has been ordered to pay damages […]

The Hidden Risks of Trade Promotions in Australia Trade promotions are everywhere. From “Win a Car!” supermarket competitions to Instagram giveaways. But what many people don’t […]

When Trade Marks Are Too Close for Comfort Trade marks are the foundation of brand identity, but what happens when one trade mark comes too close […]

Navigating Copyright for Creatives: Protect Your Artistic Vision In the ever-evolving world of art, graphic design, and surface design, copyright law often feels like a distant […]

Copyright Law – Can Artists Copy Photos? Imagine a budding artist inspired by a photograph of a hibiscus in full bloom—a dazzling image of vibrant petals […]

Can You Copyright a Recipe? We are going to start with a bit of a fun scenario but not one that is unrealistic. Imagine that a […]

Filing your own trade mark – things can go wrong We will start here with a simple scenario. Imagine you’re a business owner with a product […]

Do Your Trade Marks Pass the Sniff Test? Move over logos and jingles; there’s a new trade mark contender in town: the humble (or not-so-humble) scent. […]

What Website Owners Need to Know About New Social Media Age Rules New Social Media Age Limit Rules Imagine a world where social media companies are […]

Use It or Lose It: What Happens When a Trade Mark Collects Dust? What’s in a name I hear you ask? Well, sometimes, everything. To get […]

The Many Faces of Australian Privacy Law: A Case Study Perspective We will start at the start and that is by understanding why privacy laws matter […]

Inspiration vs. Perspiration: which one will it be? We have all been there. You’ve poured your heart into your work. Countless hours, sketches, prototypes, and dreams. […]

Product Packaging and the Law: What’s Fair Game? Let’s set the scent… You are a small drink company in Israel with a fresh product—a uniquely shaped […]

When Does Online Defamation Cross the Line? A Look at “Serious Harm” in Australian Law Picture this… You’re scrolling through Facebook when you see a post […]

Stay Legal, Stay Safe: IP Compliance for Importers Thinking of bringing in some stylish jewellery, chic clothing, or must-have lifestyle goods from overseas? Fantastic! But before […]

IP Procurement: What does it mean for you? In the fast-paced world of business and intellectual property (IP), staying on top of trends can be really […]

Same same but different – when you choose the same brand as someone else’s You’ve developed a brand you love and want to protect it with […]

A Hypothetical Case of Copycat Couture Imagine you are an Australian designer with a fresh collection ready to make waves. Soon after the launch, you spot […]

From Titles to Trade Marks: When Names Become Brands Imagine you’re browsing a bookstore and come across a Mr. Men or For Dummies book—series so familiar […]

Is AI Stealing Your Style? Navigating Copyright in the age of AI Artists are concerned. In an advancing world of technology, one question stands out: Is […]

Iconic Imagery or Legal Liability? Using Art and Icons in Products This article was written by Sharon Givoni, Principal Solicitor of Sharon Givoni Consulting, to explore […]

The Case for Plain English in Law This article was written by Sharon Givoni, Principal Solicitor of Sharon Givoni Consulting, for a talk presented at Leo […]

What can you do legally if your SEO people get it wrong? Let’s meet Emma, who runs a boutique clothing store in Melbourne. Her online sales […]

Beyond the Fine Print: Decoding Indemnity Clauses We often hear the term indemnity when discussing contracts, but do we know what it truly means? Indemnity clauses […]

Navigating Copyright for Creatives In the intricate tapestry of artistry, legal considerations might seem like a distant concern. However, the world of creativity is interwoven with […]

Navigating Legal Aspects of Creative Business Rebranding – Insights by Sharon Givoni If you’re in the process of rebranding your creative business, you may want to […]

Barking up the Right Tree: Navigating the Law around Pet Food Claims Did you know that dogs are Australia’s most popular pet, with owners spending over […]

AI and Copyright in Australia: What Artists and Businesses Need to Know Let’s get straight into two hypothetical scenarios that illustrate the issues at play when […]

Imagine this scenario. Anne, renowned for her captivating two-tone fruit and flower artworks, recently found herself facing a disheartening challenge. Her unique style, characterised by its […]

Imagine a hypothetical scenario where an Archibald Prize winner, celebrated for their unique artistic contributions, discovers their style has been replicated by an AI to create […]

Introduction In the kaleidoscopic world of design, surface designers craft with colours and shapes, transforming plain surfaces into realms of imagination across fashion, home décor, and […]

Transforming the Cosmetic Injectables Landscape – New TGA Regulations The world of cosmetic injectables, including popular treatments like Botox and fillers, has been booming. Clinics across […]

Global Copyright: Navigating the Berne Convention Have you ever poured your heart and soul into writing song lyrics, only to find them echoed in someone else’s […]

Understanding Copyright Law and the Berne Convention Have you ever poured your heart and soul into writing song lyrics, only to find them echoed in someone […]

Hitting the right note with copyright law: What do to if Your Song Lyrics Are Copied Have you ever poured your heart and soul into writing […]

Creating Sub-Brands: The Power of Family Trade marks In the world of branding and intellectual property, a powerful strategy we often advise on is the use […]

Barbie, Licensing, and Lessons for Your Business Who would have thought that a doll with impossibly arched feet could teach us so much about licensing and […]

Navigating the Fine Line of Parody and Copyright Infringement The landmark AGL v Greenpeace case highlights the complex intersection of copyright, trade mark law, and creative […]

IP Law in Plastic – It’s Fantastic! A Mattel Masterclass in IP Law When you think of Barbie, what comes to mind? A doll that’s shaped […]

Designing Spaces: The Legal Perspective for Architects and Interior Designers In the world of design, architects and interior designers often collaborate to create spaces that are […]

From Zombies to Wizards: Copyright Law and Originality in Writing For writers, copyright law can play a significant role in protecting their original works and ensuring […]

Intellectual Property in Schools: Who Owns it – Employers or teachers? When it comes to intellectual property (IP) in schools, it’s not just lesson plans and […]

I Like Your Style: The Blurred Lines Between Artistic Expression and Copyright Law As copyright lawyers, often we get asked whether artists can stop someone else […]

Trade mark owner of PROTOX is all frowns after court decision: What happens if you think someone has copied your trade mark? In Australia, the test […]

Restraint of Trade Laws in Australia: What You Need to Know Restraint of trade laws are a crucial aspect of business law in Australia and most […]

From Lipstick to Medicine: The Legal Line Between Cosmetic and Therapeutic Products Are you confused about the difference between therapeutic goods and cosmetics? Don’t worry, you’re […]

The law around refunds in Australia: Some tips for online businesses Refunds are an important aspect of consumer protection in Australia, and it is crucial for […]

Pretty people and smiling faces: Understanding the Legal Risks of Paid Influencer Marketing It has been said that influencers offer a level of trust and authenticity […]

Locked Out of a Social Media Account & Defamation The words we use. AI and social media: Hate speech, defamation and algorithms. Platforms like Facebook, YouTube, […]

The Grace Period and Designs Law – What is it and why does it matter? If you are an industrial designer, and create product designs for […]

Amelia won a car in an online lottery, but it was taken away. Here’s what to look for if you’re entering a raffle From buying a […]

Legal Ease not Legalese. Plain English: What is it and why do we need when it comes to the law? By far one of my favourite […]

Trade Promotions & Lotteries – the Laws At Sharon Givoni Consulting we believe in proactive law which is based on the philosophy that legal knowledge is […]

Does your business have a good set of website terms and conditions? If not you need to read this… If your business is online, terms and […]

Dark Patterns: User interfaces that make consumers buy and buy more. What are the laws and are dark patterns illegal? Have you ever been in a […]

Decrypting Crypto Art: Is it a fad or is it here to stay? Since its very beginning, the rise of new digital technologies such as blockchain […]

What is a ‘White Label’? At its essence, a white label arrangement is where one business provides goods or services which are then sold by another […]

Who Owns Copyright – Ghostwriting There is a good chance that if you are reading this you have either entered into a ghostwriting agreement or are […]

Unfair Dismissal – Now What?! So, you think you are about to be fired or have just been handed a pink slip. You’re probably thinking, now […]

Lost in Translation? Trade Marking Foreign Words Australia is a vibrant and multicultural country. We recently received an inquiry from a client about whether they can […]

Is Hemp Oil Legal in Australia? Very recently we were asked the question whether or not the sale of hemp oil is legal in Australia by […]

If you like it then you shoulda put a trade mark on it! Beyoncé has recently collaborated with sports label giant Adidas to launch a new […]

Hey there Freckle Face, you better stop using my trade mark! Victorian family business, the Yarra Valley Chocolaterie, has found itself in a ‘David v Goliath’ […]

Can emails make a binding contract? A lot of our clients regret sending an email offering something to another person thus potentially making a contract. In […]

Do You Own Your Life? This might be an intriguing title for an article because at first glance, of course you own your life – otherwise, […]

When is a blog defamatory? Most of us write blogs from time to time. Sometimes it is used in a manner to vent about our lives. […]

Pet Food Regulation Report 2019 Full Report Attached Below: Pet Food Report – Sharon Givoni Consulting – Download Pet Food Regulation Report 2019 – Australia Meat […]

Are you an Instagram Influencer? IP Legal Concerns For some, Instagram has become a career bringing in a steady income. Those with the skill (or luck) […]

Price Comparison Sites and Copyright – Protecting Your Database Lately, we have had a number of clients approach us and ask about the legality of their […]

They stole my photo! – Copyright Theft Many of you have probably at some point or another searched Google for an image and used it for […]

It’s not easy being Green Frucor Beverages Limited, the maker of ‘V’ Energy Drinks recently lost a six year legal battle to register a trade mark […]

What happens if you don’t use your trade mark? Can it be taken away? Apparently, the answer is yes. But there are conditions. The mark must […]

Demystifying the magic of unfair contract terms Unfair contract terms are something we are all wary of and most of us have probably been victim to […]

Employee or a Contractor – Contractual Differences These days there is a blurred line as to whether you are legally considered an employee or a contractor. […]

Louboutin Red Sole, Can It Be Trade marked? High heeled woman’s shoes with a distinctive red sole, that is the image of none other than classic […]

“Winner Winner Chicken Dinner” – The law and Online Competitions Picture this: a small business owner launches an online contest offering a luxury weekend getaway as […]

Creativity, Originality and Copyright Law There is a lot of information involved when it comes to creativity, originality and copyright law. Clients often ask us what […]

The Rise of Danger Dolan Many years ago, one of our clients, Daniel James Johnson, created the concept of Danger Dolan. From then Planet Dolan was […]

Employees and Personal Emails – Breaching Employer Intellectual Property? Employers beware – employees and personal emails could be breaching your IP! One question we often get […]

Plain Packaging and Tobacco – We’ve Got It Covered Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries […]

Organic Claims – Legal Requirements for Labelling and Packaging As ‘Organic’ products attract a premium price it is not surprising that many businesses want to use […]

Bad Faith Trade Mark Registration in Australia Registering a trade mark is the most effective way to protect your brand name and other elements of your […]

Music: When Inspiration Becomes Imitation (copyright) Music is a powerful force, capable of moving us, inspiring us, and even sparking legal battles. When it comes to […]

David vs Goliath: Trade mark battle with ZARA ZARA vs ZARY On the 19th of April 2018, Sharon Givoni was interviewed for A Current Affair over […]

Can You Protect Your Book Title? Copyright and Trade Mark How to Protect Your Book Title In our law firm, we often get asked by authors […]

Unfair contract terms – how could they affect you? If you run a business in Australia—whether large or small —you need to be aware the unfair […]

Copyright your Craft: An event held by Craft Victoria On Thursday, 17 May 2018, as part of Law Week, Craft Victoria held a panel discussion to […]

Pet Food Packaging: Legal Requirements in Australia Starting a pet food business in Australia? Over the years we have had a number of clients come in […]

Replica furniture – is it legal? Unsurprisingly, the growth of replica furniture industry has grown over the years. An example of this is the replicas of […]

Stranger things have happened – Netflix writes funny cease and desist letter When Sheriff Hopper knocks – Netflix cease and desist letter gets media attention The […]

Interview on Intellectual Property Law and Fashion Design for the ABC Sharon Givoni was recently interviewed for the ABC in relation to how IP laws in […]

Trade Mark Registration – What’s in a Name? “When we brand things, our brains perceive them as more special and valuable than they actually are.” – […]

Social Media Policy in the Workplace – Who Owns an Account? We all know that social media accounts can be a valuable asset to any business. […]

A Short Guide to Copyright Law in Australia Only one thing is impossible for God: to find any sense in any copyright law on the planet. […]

Photography without Permission: Is it Always Legal to Snap? Many people believe that photographing people without their knowledge or consent is an invasion of privacy and […]

Branding Laws Packaged and Gift-Wrapped Was your product copied, or does a competitor’s packaging look suspiciously close to yours? Or maybe you’re worried your own design […]

Social Media Influencers – To post or not to post, that is the question The reality is that everyone needs to post, gram and/or tweet to […]

Protecting yoga and dance moves – How far can you stretch copyright law? Imagine this scenario. You come up with an amazing sequence of 26 yoga […]

Alice in Merchandise-land – the value of character and celebrity merchandising The value of celebrity endorsements on food advertising, packaging and labelling is indisputable, whether it […]

Close your eyes, and give me the coke bottle How to avoid legal issues when it comes to packaging. Attention all packaging designers, this is for […]

Don’t be fooled, plain packaging is anything but plain This article discusses the legalities of plain packaging for cigarette companies Takeaways Plain packaging was introduced to […]

Superfood or superfool – the legal lowdown on using this name Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods […]

Use It or Lose It: Don’t Let Your Trade Mark Be Removed At Sharon Givoni Consulting, we’re all about protecting your ideas and ensuring your trade […]

Legal perils to avoid when using social networks This article considers copyright for businesses in relation to social media. Issues explored include: Who legally owns a […]

Why being ‘pretty sure’ is not enough to justify threats of copyright infringement Find out what you need to do legally before threatening copyright infringement Take […]

Avoiding the Gaps in the Copyright/Design Overlap Takeaway tips: The copyright/design overlap aims to deal with and eliminate dual protection under copyright and design law. Don’t […]

Copyright or Wrong – Ownership Issues Copyright is one of those legal topics that seems straightforward—until it isn’t. In Australia, copyright ownership can quickly become a […]

Ensuring your Soft Drink Brands Sparkle not Fizzle This article examines some dos and don’ts when it comes to trade mark protection for beverages considering real […]

Avoid having your ideas ripped off: Be proactive not reactive Imagine that you have designed a new fabric pattern. You are getting ready to release it […]

When the Wet Paint is Protected by Copyright Street art has long been celebrated for its vibrancy and ability to transform urban landscapes, but its rise […]

Social media trade promotions – tips and traps Online promotions and competitions can be an effective way to boost exposure to your brand and engage with […]

Social Media – Trade Promotions Tips & Tricks Online promotions and competitions can be an effective way to boost exposure to your brand and engage with […]

Website terms and conditions – what you need to know This article considers the legalities of website terms and conditions of websites including consumer laws, warranties, […]

Lessons From The UGG Boot: Why Protecting Your (Global) Brand Is Paramount A little-known fact that most business owners aren’t aware of is that just because […]

Signed, sealed, delivered Do you know your rights and responsibilities when it comes to contract law? Intellectual property lawyer Sharon Givoni outlines five different types of […]

Chinese Fakes. What can you do about them? If you run an Australian business and sell anything with a design, logo, or brand name, you may […]

Lifting the blinds on copyright law If you sell products that feature original prints, patterns or photos—whether that’s curtains, fashion items, homewares, or even stationery—there’s a […]

Inspiration vs Perspiration – The Basics of Copyright with Sharon Givoni Copyright protection springs to life once a work is created and reduced to some sort […]

Shooting in Public Places (Part 2) While there is a popular conception that is a free world and you can freely photograph anything so long as […]

Photography and the Law (Part 1) Is it legal to photograph someone in a public place without their permission? This article addresses some common misconceptions and […]

Street Art: Another Brick in the Copyright Wall Street art is colourful, raw, witty and thought-provoking and increasingly becoming a potential source of income for artists […]

Would the real Zara please stand up? Many textile and fashion designers use, or incorporate their own name into their brands. Take Zara, Davenport, Elle McPherson […]