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Reviews

Hear from industry experts and professionals as they share their thoughts and insights on the book. 

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Colin Golvan, QC

Owen Dixon Chambers West

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Photographer: Peter Casamento

Sharon Givoni has written a book of valuable application, demystifying the mysterious and, in particular, making the law accessible to creators for whose benefit  it exists. This protection is under pressure as the great ‘consume at any (or no) cost’ tsunami crashes in. More than ever, copyright owners need to understand their rights, and have their rights understood, in the face of unprecedented freedom of access to works. It is in the understanding that much remedial work can be done.

Owning It is presented in a very user-friendly way. The author and publisher have gone to great trouble to remove the tome-like appearance that makes the ordinary legal text appear so inaccessible to the general reader. The book is interspersed with many interesting and sometimes quirky quotes, as well as illustrations (including some artworks from Givoni herself),which augment the examples and make good of her observations on legal principles.

 

Above all, the book demonstrates Givoni’s very considerable experience in addressing practical issues in copyright protection and this is  where its particular strength lies for copyright owners, as well as legal students and practitioners. While there are many books in the fi tailored to readers at various levels of knowledge, this book is noteworthy for the considerable body of examples given to illustrate the legal points. The gathering together of such an array of practical examples provides a special contribution to learning in the find Givoni’s analysis focuses on the central question of ‘what is copying?’, acknowledging that impetus and reference is the lifeblood of creative progress.

 

As she says: Copyright affects most businesses in one way or another, and the legislation that governs this area of the law is over 240 sections in length and very complex.The very notion of ‘do not copy’ is particularly multifaceted.

The examples and observations within this book go to the difficult and important issue of establishing workable boundaries between copying warranting protection and copying that ought to be permitted and even encouraged. It is a critical question that vexes copyright law and is probably best understood  by Givoni’s approach of citing many instances that illustrate acceptable and unacceptable copying.

The book also considers moral rights (including the issue of the moral rights of graffi  artists), as well as misleading or deceptive conduct as it relates to arts practices, and designs and trade mark protection. Again, Givoni conveys many useful (and visual) examples.

Ultimately, what Givoni succeeds in doing is bringing to life what is

usually considered the impenetrable and opaque world of copyright law, thought to be properly understood only by a special group of initiates, which can seem like a universe away from those for whom the law is intended to most benefit. 

Beci Orpin

Artist, designer, author and creative director

www.beciorpin.com

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Photography by Josh Robenstone

This might be a huge generalisation, but in my experience, creative people can be kind of heart but not overly concerned with legal and business matters. We love what we do and, for some reason, we think we are bloody lucky to get to do it. So, we think: let’s not rock the boat too much if we feel we have been ripped off. Or, let’s not ask questions when a client asks us to do some work that feels a bit dodgy (I need that money they are willing to pay, after all!). That’s how I once felt, anyway. In hindsight, maybe it was just that the information about our rights and responsibilities as creatives was too ambiguous and hard to find or that the only way to get it was to speak to a lawyer which, cha-ching, just sounds expensive (although, as I have since learnt, does not have to be).


Thanks to the information in this book, this may no longer be the case. In the following pages, laid out before me (and you), is somewhat of a bible of information on the legalities that all creative people should know. And, added bonus, not only is the information easy to understand and written in a very approachable manner, it is also concise and instantly demystify any legal jargon that may have scared you before.

 

It is filled with lots of great case studies, which not only put the information into a practical context, but they are also fascinating stories and a pretty good read in themselves (just wait until you read what Adam Ant tried to copyright, or how the Bratz dolls inventor managed to win his case!). To top it all off, reference sections are included at the end of each chapter, giving you the lowdown on all the information in simple dot points— especially good if you need the information quickly (or if you are, like me, a little bit lazy at times).
 

I just have one complaint about this book—why was it not released sixteen years ago, at the start of my career? It could have saved me endless worry and wondering.

 

Lucy Feagins

The Design Files

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Photography by  X

So today, rather than the usual creative person / product / visual inspiration feast we tend to share around here, we’re introducing something a little different, but something really important. ‘Owning It‘ is a brand new book written by Melbourne lawyer Sharon Givoni, especially for local creatives. Sharon has been running her Melbourne based legal practice for 15 years, and advises many local creative businesses and individuals on intellectual property, copyright, trade mark and designs law, contracts and more.


Sharon’s book is published by Creative Minds, a new independent publishing house founded by Tess McCabe of the Creative Women’s Circle. Tess and Sharon have worked closely developing ‘Owning it’ for the best part of two years. The result is a 560 page hard cover book comprising almost 40 chapters – a remarkable effort, and an incredible resource for any Australian creative. ‘Owning It‘ by Sharon Givoni is an incredible resource for local designers, writers, bloggers, photographers, and anyone else who is a maker of original creative work.

 

It’s written in plain English, but it covers what every creative should know about the laws which protect their work. Frankly I can’t BELIEVE no one has written a book like this before now. In a past life, Sharon worked for a top-tier Melbourne law firm in their IP department, but over time she developed a desire to offer creatively-minded clients a specialised service. In 2000, she started her own practice, Sharon Givoni Consulting, and hasn’t looked back.


‘In my own practice, I try to not just give clients answers to their questions and legal advice, but to actually help them to understand how the law works so they can be proactive about protecting their IP in the future’ says Sharon, who also frequently gives workshops and talks to professionals and students in creative industries, educating them about IP law in Australia and debunking some common myths and misunderstandings. ‘Owning it’ is a natural progression for Sharon, distilling her expertise into one easily accessible resource, with a focus on proactive strategies all creatives can employ to protect their work.


The book is published by Creative Minds, which is a brand new independent publishing house founded by Tess McCabe of the Creative Women’s Circle. The  pair first met when Tess invited Sharon to present a seminar in Melbourne back in 2013. The event was a huge success, and both Sharon and Tess realised that misinformation about copyright and intellectual property law for the creative sector was rife, and that many people within Melbourne’s creative networks were regularly facing copyright infringement and contract breach issues. Despite this, no one single resource existed that educated this sector about their rights and responsibilities under Australian law, in a way that was easy to understand and not overwhelming. Tess and Sharon have worked closely developing ‘Owning it‘ for the best part of two years. In response to demand, what started as a 200-page paperback has ballooned into a 560-page hardcover, full colour book, packed with real life case studies as well as images from over 140 Australian creatives such as Ken Done, Lucas Grogan, Lovestar, Bridget Bodenham, Anna Varendorff, and Rachel Castle to name a few.

 

‘A large focus of the book is about being proactive rather than reactive’ says Sharon. ‘While many other books talk about what you can do once a problem arises,  Owning It also focuses on practical steps to prevent the problem arising in the first place’. The book is for every creative at any level – from hobbyists to professionals, freelancers to employees, students to small business employers, start- ups to industry stables. ‘I think there’s a shortage of plain English law books around for creative businesses’ says Sharon when asked why she wrote the book. ‘I feel there is a space in between complex and comprehensive text-books and overly short and simplified summaries. It’s a space that I hope that the book fills.’ On a personal level, I can attest to Sharon’s expertise and her rare ability to communicate legal terms in relatively plain English! A couple of years ago I was in a position of having a pretty hefty legal contract in front of me, which detailed a brand partnership The Design Files was asked to participate in. It was SCARY. I reached out to Sharon and she guided me through the process. She made a number of really smart revisions to the contract which I would never have picked up on without professional translation! “Ultimately, our aim with this book is to encourage more creativity and innovation, as opposed to imitation, and see Australian creatives original work elevated to the level of respect it deserves.” says Sharon. Hear hear!

Melissa De Zwart

Adelaide Law School, Adelaide Law School

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Photography by  X

Who says that a practical guide to the law of intellectual property that is both useful and informative needs to be boring to read, let alone browse through? Not Sharon Givoni, who has authored the gorgeous and engaging Owning It: A Creative's Guide to Copyright, Contracts and the Law. This book is just so damn pretty that I kept looking at the pictures, side bars and interesting anecdotes and forgot that ! was meant to be reading this book as a text to review. As Colin Galvan notes in his introduction to the book: 'The author and the publisher have gone to great trouble to remove the tome-like appearance that makes the ordinary legal text appear so inaccessible to the general reader.' (p vii) This is certainly true and the book is liberally illustrated with practical examples of the creative products that are being discussed. The book, and the practical guidance that it contains, addresses the massive growth in interest in handmade and artisan products, noting that this has occurred in the context of the explosion in the potential market for such products on websites such as Etsy. This tension between a desire to protect the creativity and authenticity that makes the product so desirable and to gain a broad marketplace for the creative products underpins the advice provided by the book.

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Givoni is a Melbourne-based Intellectual Property practitioner who has used her experience in advising those working in the creative industries to create a book that provides easy to read guidance on the laws affecting creativity including intellectual property laws, contract and consumer laws. The book is also very liberally illustrated with real life examples of the issues at hand, and often how those issues have been resolved.

 

The book is divided into five parts: The Basics, Creating Your Work, The Law for Creatives, Your Creative Business, and Prevention and Cure. Each part gives you an overview of the relevant law, but the law is explained in clear, plain English style. The law is then firmly placed in the context of actual issues and problems.

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Part I: The Basics, provides an overview of the relevant laws of copyright, ownership, trademarks, moral rights and misleading and deceptive conduct. However, rather than citing chapter and verse, laws are summarised and addressed to key practical concerns. For example, copyright issues are focussed around six key points about copyright. Rather than wallowing in the complexities, the law is focused on scenarios such as using styles and formats, changing formats and reproducing images and words of others. Important matters such as licensing and co-ownership are addressed at length and the book also explicitly addresses some common misunderstandings about the law. In the section dealing with misleading and deceptive conduct, clear and easy to understand examples are provided regarding when these issues might arise and how they might be resolved, for example, with respect to claims regarding environmental friendliness. Such examples explicitly demonstrate when and how these laws become relevant to people creating and selling artistic products.

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Part 2 looks at the creative process and the issues that may arise, for example, in taking photographs in public places, reproducing cultural icons, brand names and trademarks, the  relevance of parody and satire and an overview of the laws regarding content regulation and censorship. Part 3 addresses the particular legal issues that might be encountered by different creative occupations. It addresses each occupation in turn, and outlines applicable legal principles, going beyond laws relating to intellectual property. Occupations include: visual artists, graphic designers, photographers, film makers, tattoo artists, fashion, jewellery and accessory designers, architects, musicians, bloggers and writers. Each section includes a set of 'takeaway tips', outlining key points to remember. Givoni states 'Whether you're an artist, craftsperson, writer, filmmaker, architect, website developer, publisher or designer, you possess valuable economic resources in your skills and talent. But what if you don't possess the requisite business knowledge to take advantage of the economic opportunities on offer to you?' (p ix) For this reason the book also includes sections on 'Your Creative Business' (Part 4) and 'Prevention and Cure' (Part 5).

 

Part 4 examines different legal structures, and, in keeping with the rest of the advice provided, gives some local examples of business models adopted and adapted due to changing circumstances by Australian creators. It looks in some detail at creative business contracts, a matter most often left out of traditional intellectual property books. This section not only explains what a contract is (and is not) but also what to look for in terms of common provisions. It deals with co-signment agreements, model releases, Creative Commons licences, collecting societies and provides some useful guidance on promotions and competitions. All of this is discussed in the tone of facilitation rather than providing so  much emphasis on risks that it all becomes too hard, noting too the practical importance of insurance in this context.

 

Part 5 emphasises the point that prevention is better than cure, warning creators that they need to take steps to claim and protect their rights in their creative products, urging creators to take proactive measures 'to protect your rights and ward off copycats.' (p 445) This section includes sensible, practical tips, such as what a typical letter of demand includes and when to

, send one and when to hold off, and how to work with a lawyer. Givoni dearly emphasises the importance and desirability of authenticity throughout the book, focussing on what makes creative works unique and attractive (noting that this also makes them worth copying). She also highlights the increasing complexity of this area, observing that while completing the book she became aware that 'for creative  people there exists a tension between gaining exposure for their work and retaining control of it. While the digital age has facilitated the former, our borderless world has also made achieving the latter increasingly challenging.' (p 502) The focus is always on what is genuine creativity and how to protect that spark. This is a unique work that provides useful insights to lawyers and creators alike and, unlike most other law books, will look great on your coffee table!

Lynda Worthington

Artwork Publication

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I, like many of you, have been frustrated over the years by misinformation and lack of information relating to such things as copyright of my art, what to do about contracts, where I stand in the eyes of the law and what I can and can't use of others works­ including, can I actually use a particular fabric in my work and then sell it?

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The  information  that we have been getting has, in reality, been predominantly aimed at a USA audience, or a UK audience. Not much really out there for the Australian creative person or business, unless you wish to sort through the legalese of government­ related websites/books and similar... You can imagine how excited I was to find this book! Artists and crafters across Australia will be thrilled!

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Sharon Givoni is a highly experienced, renowned Australia n intellectual property lawyer who has represented many creative businesses and individuals in her practice. In this book she explains in words we can all understand just how the law applies within Australia for the creative industries- e.g. textile artists, crafters selling online or at markets, bloggers, photographers and so on.

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This is a huge book of 550 pages and it is packed with information, case studies, takeaway tips and a great list of online resources, all written in an easy-to-read manner. It covers the key areas that frequently cause problems for creatives and discusses proactive measures you can take to try and prevent these problems from arising. It is a great starting point­ it is not a substitute for obtaining legal advice tailored to your own individual circumstances.

 

Owning It is divided into five main parts:

Part 1 The Basics: Copyright; Ownership; Trade Marks; Moral rights; Misleading or deceptive conduct.

Part 2 Creating Your Work: Photographs of people; Public places; Reproducing brand s and trade marks in you r work; Cultural icons; Parody and satire; Censorship. P;11 t ·3 The Law For Creatives: Visual artists; Fashion, jewellery and accessory designers; Product designers, makers and craftspeople; Writers and bloggers; and more.

Part  4 Your Creative Business: The internet and social media; Contracts; Consignment agreements; Resale royalty rights; and more.

Part 5 Prevention and Cure: Proactive ways to protect your business and brand; enforcing your rights; outcomes and remedies; and more.

 

This book will become your bible. Thank you Sharon for a book in which you have made an important complex topic easy to  understand and not overwhelming.

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