Legal advice about marketing (featuring Wallace and Wallace Lawyers)

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Trademark:

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The big question is whether to trademark your business or not.

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First of all, you need to register your business name, ABN and Tax Obligations and then we can move on to the trademarking of your branding. Trademarking is a protective layer of your business name, logo and branding for no one else to try and use it.

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Copyright:

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This is huge in our industry with what we legally can and can not use of other people’s works.

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There are different areas that apply to marketing,

  • Literary works – eg. books, website content and song lyrics
  • Artistic works - eg, drawings, paintings and graphic design
  • Dramatic works – eg, choreography and films.

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Always ask permission from the original creator of the work if you can use their photos, logos and copy.

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Disclaimers:

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There is no legal requirement to have disclaimers however it can benefit you to build credibility.

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T&C’s:

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You can absolutely have a terms and conditions template that is updated with each new competition or event that arises. You don’t need to recreate your whole Terms and Conditions document each time.

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Email marketing:

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One-click unsubscribe needs to be a straightforward process for your users to opt-out of email marketing. This process needs to comply with the Spam Act or you could face a fine of $44,000 !!

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To legally collect people’s data, you need to be transparent with how you are using it which can be included in your Privacy Policy.

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WRAP-UP TIP:

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If you are starting a business, before you jump into marketing please see an accountant and a lawyer to set you up. And then we can jump into the fun design stuff.

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HELPFUL RESOURCES >

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Spam Act 2003

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Copyright Act 1963