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  • Creative business tips & advice

    > Setting up a gallery page in The Circle Database

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    > A Beginner's Guide to Using Twitter

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    > Trade Show 101

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    >Think before you type: Social media and defamation law

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    >Protecting your own name as a trademark {Full Members only}

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    >Trademarks, Copyrights, Designs & Patents: An overview

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    >Making to Sell

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    >Marketing Basics

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    >What Makes a Successful Brand

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    >A Guide to Colour Terminology

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    Category Archives: business tips

    Posted on

    Think before you type: by Sharon Givoni

    Today, Intellectual Property Lawyer Sharon Givoni (our speaker at the most recent CWC) shares in more detail one of the cases she referenced in her presentation, as well as offers some tips for using social media as a creative business owner. She has written another excellent article about using your own name as a business name for Full Members to access. Thanks, Sharon!

    Sharon-Givoni-at-CWC_credit

    By Sharon Givoni*

    In the creative field people are always getting inspiration from other sources.

    But what happens when you think someone has taken a little too much inspiration from you and is actually copying you? What can you do?

    Well, one thing that you probably should not do is talk about it online on Facebook or other social media outlets, as a recent case between two fashion designers has demonstrated.

    What happened in the case?

    Leah Madden owns a swimwear brand some of you might be familiar with called White Sands.

    She discovered in the marketplace what she thought to be a “rip off” of some items in her 2009 “Shipwrecked” swimwear collection.

    Thinking that well-known swimwear company Seafolly had copied from her, she posted an album on her Facebook page entitled “The most sincere form of flattery?”.

    She then posted several side-by-side comparison shots of models wearing White Sands and Seafolly swimwear, and below each image Madden wrote descriptions such as: “White Sands 2009 / Seafolly 2010”.

    She also added comments such as:

    • “Seriously, almost an entire line-line ripoff of my Shipwrecked collection.”
    • “I know, the buyer from ‘sunburn’ (who, as it turns out, works for seafolly) Came to my suite at RAFW and photographed every one of these styles.”
    • “Ripping off is always going to happen, but sending in a dummy ‘buyer’ to get photos is super sneaky!”

    What happened next?

    The Facebook statements were read by many people, and received quite the response. People said:

    “Nasty! Shame on ‘em! Won’t be buying Seafolly. WHITESANDS all the way. X”

    “seafolly own everything! sunburn, miraclesuit and gottex and they used to own jets but sold it recently! and unfortunately they do rip off everyone, they have copied a design 2 chillies has been doing for years! a little frilly triangle, its so bad!”

    “Disgusting! How people look at themselves in the mirror is beyond me.”

    Media Attention – hungry for more…

    Madden then sent emails to media outlets also, using the same words “The most sincere form of flattery?” in the subject line of each email.

    Responses from readers included:

    “This sort of thing is happening ALL the time. Large corporations no longer have ‘designers’ but ‘product developers’ that source indie designs, copy and mass produce them.”.

    “Yeah right Seafolly – you really expect us to believe this garbage?…”

    How did Seafolly respond?

    In response, Seafolly circulated a press release of their own saying they DID NOT copy at all.

    Even though White Sands said that they had never specifically accused Seafolly of plagiarism, the damage had been done by what she had said and Seafolly sued her for misleading and deceptive conduct and other things.

    At court, even though Madden argued that she had only expressed an “opinion” – not a statement of fact – the judge disagreed.

    Seafolly’s CEO said that:

    “This day of internet, where things go viral, once things are released into the public space, no amount of logical reasoning actually matters… Once she put that up there, I was finished anyway… the damage had been done.”

    No winners

    Ultimately Seafolly succeeded in its arguments concerning misleading and deceptive conduct. White Sands was ordered by the court to pay Seafolly damages in the sum of $25,000 AND  Seafolly’s costs of the court application.

    Did anyone win though? I would say no. The public airing of their ‘catfight’ led to both companies attracting some level of negative publicity.

    Lessons to learn from this example

    1. Think before you speak (or at least think before you type, especially when it comes to social media).
    2. Just because you do not expressly say something, if you imply it, that can be just as bad, legally speaking.
    3. Always get legal advice!
    DISCLAIMER: This article is of a general nature only and must not be relied upon as a substitute for tailored legal advice.

    —-

    CWC Full Members can log in and access another article by Sharon entitled ‘Protecting your own name as a trademark‘ over here.

    Sharon-Givoni

    *Sharon Givoni is an intellectual property lawyer. She assists many creative businesses Australia-wide including members of Creative Women’s Circle. She can be contacted by email (sharon@iplegal.com.au) and her website is located at www.sharongivoni.com.au. She has a reputation being very approachable and for giving legal advice using plain English. Call her on 0410 557 907.


    Posted by: Tess McCabe
    Categories: business tips, feature article | Comments Off
    Posted on

    Stress & Wellness: Art as Therapy

    By Emily Harrison

    As we round out the end of this year’s column exploring all things wellness and creativity, it seems fitting to look at an area which encompasses both of these – art as therapy (or perhaps more accurately – exploring personal growth and empowerment through creativity).

     “All children are born artists, the problem is to remain an artist as we grow up.” ~ Pablo Picasso

    For me, the ability to paint and draw peaked early…at around aged five…and that’s about where it stayed. Creativity instead has come to me through words and other forms…but I do wonder what would happen if I picked up a paint brush.  This seed thought led me to investigate further the area of Art Therapy, and I was intrigued to discover it goes far beyond the paint brush.  I interviewed Melbourne-based Creative Arts Therapist and Artist, Jennifer Berlingieri, to find out more about this modality and how she balances her own artistic pursuits while working in a creative field…

    Hi Jennifer, tell us a little about Creative Arts Therapy?
    In Creative Arts Therapy sessions, we use creative therapy and counselling to support and encourage self-exploration and personal development.  It is appropriate for anyone who is interested in deeper self-awareness and personal growth, and no previous arts experience is necessary.

    What’s the difference between Art Therapy and Creative Arts Therapy?
    The main difference is that Art Therapy only uses visual art, like drawing, painting and clay, for creative expression and personal growth.  In Creative Arts Therapy we use Art Therapy, as well as other creative modalities, like Dance-Movement Therapy, writing, symbols, mindfulness, sand tray, music and more as therapeutic tools to assist and empower people in their personal exploration.

    How did you become interested in this as a modality?
    My interest in Art Therapy evolved from a combination of factors. Years ago, I left my first career in New York in Fashion to go off travelling.  I ended up travelling for a number of years, settled in Australia and was in transition between careers.  I was living out bush in NSW and dedicated a lot of my time to finally exploring art making.  I gave myself permission to buy art materials for the first time and had a go at drawing, painting, collage, 3D sculpture, whatever I could, and not only did I absolutely love it, but I realised that the art making was helping me process whatever emotional experiences I was going through at the time.  In combination with my old favourites of journalling and dancing, art making was a new kind of personal language that really helped me express myself to myself, feel validated and figure some things out. It was a very powerful experience.

    Eventually I questioned, “Are other people doing this?”  So after some research I discovered Creative Arts Therapy was a formal therapeutic modality, not just some odd thing that I was doing!

    Can and do artists or people in creative fields need/use art therapy?
    Absolutely, artists can and do benefit from Creative Arts Therapy!  I often find that people who are artistically inclined might have to move away a bit from their expectation that their creative work has to be of a certain aesthetic, or that it needs to be “good”.  That’s a lot of pressure!  Using creativity as a therapeutic modality is a completely different context to using it as fine art or for commercial means.  The emphasis is not on the finished product, but on the meaning one finds in their work and what one can learn about one self from the process.  So what matters is that the work is authentic, honest, and heartfelt.  What it looks like doesn’t matter at all!

    The feedback I get from people in creative fields is that Creative Arts Therapy helps them move away from their expectations, loosen up, experiment and return to the sense of play that’s often lost when creativity is taken “too seriously”.  This can be a very powerful way of moving through creative blocks.  On a deeper level however, it helps them to therapeutically explore the personal issues and questions that are important in their lives, and this can lead to long-term life changes and benefits.

    The clients and groups you work with must be incredibly diverse – is it necessary for people to come with a reason, purpose or outcome in mind?
    The people I work with are extremely diverse.  It’s not at all necessary for people to come with a reason or purpose in mind.  Participants only need to be open to the process and whatever evolves out of that.  Like any therapy, what arises is unpredictable.  Very often I’ll have someone attend a private session or workshop with one specific issue in mind, and ultimately they’ll get to a whole deeper level, which often surprises them.  For example, someone might originally attend in order to explore a career change or a relationship issue, but eventually they might go deeper to find they are looking into their core values or their overall behaviour patterns in relationships.

    The benefits I see in people are also diverse, and often surprising.  It’s a privilege to work with people who are willing to be open and experimental, and who value their own personal development and self-knowing.  To see people change or have a little epiphany before my eyes is amazing, and to see them feel empowered because they got to an important realisation in their own way is the most rewarding thing I think.

    How do you make sure you create time and space for your own artistic/creative pursuits?
    This is an ongoing challenge for me, as it is for many people who want to have a creative life as well as a professional one.  One thing that works for me is having a group of like-minded peers that I get together with every month or so, to do debriefing and artwork.  It helps enormously to have the structure and support of the group to make sure that I don’t neglect my own creative expression altogether.

    Another thing I do to stay connected to my creativity is to keep a visual journal, and make just a quick drawing or write a short journal entry early in the morning before I start my day. I don’t do this every day, but even just once a week or once a month is better than nothing. These quick dips into my journal keep me connected to myself and to my own creative expression.  Having said that, I’ve just had a baby a few months ago, so all that is out the window at the moment!

    For those interested in the training or experience to become a Creative Arts Therapist?
    To become a Creative Arts Therapist, you have to do Post Graduate study, either a Graduate Diploma, Master’s or Doctorate.  The course work is experiential, so you’re learning CAT techniques by doing them, rather than hearing about them.  Therefore, the study involves the willingness to do in depth personal development of your own.  The professional experiences of a CAT are endless, as creative therapy techniques can be used to work with very diverse people.

    Many thanks to Jennifer Berlingieri from Creative Arts Therapy for sharing her experience and expertise. 

    Emily Harrison is a writer and yoga teacher with a passion for understanding our unlimited potential. This is her last post for the CWC and she’s enjoyed writing and sharing on all things wellness for the CWC audience this year. In 2013 she will be delving more into her own writing and creative pursuits. Do keep intouch over at iamem.com, @emyogawrite. Wishing you the best of health and boundless creativity.


    Posted by: Emily Harrison
    Categories: business tips, regular columns, stress and wellness | Comments Off
    Posted on

    Stress & Wellness: Tips for a well workspace

    By Emily Harrison

    With spring time comes the phrase ‘spring clean’ …where we turf out wardrobes, dust off exercise equipment and create space for all the exciting projects and ideas ahead.

    Well in an ideal world that is what would happen.

    I myself was lucky to find the keyboard to write this column under what I would like to defend as a “system of organised chaos” …but really is just a cluttered workspace.

    And so with some spring-time vigour I took a look at what aides a healthy workspace. To help me I had a chat with a lady who knows more about feng shui than I and with her French accent and full hand gestures, Christiane taught me a lot more than just tips for workspace wellness.

    “You know Emilleee, clutter on ze desk means clutter in ze mind” (hmm clearly she wasn’t aware of my extraordinary touch typing abilities under forests of paper…but she could be on to something).

    “To be able to create, you have to be organised in life,” she continued. Lucky the CWC have a columnist dedicated to ‘Organise Me’.

    So what practical steps could one take to help bring a sense of harmony and balance to a workspace?

    • Step 1 is to de-clutter. Clutter is stale energy so start moving it, literally. Clutter or mess adds a heavy weight to your environment so when you de-clutter you create space for positive energy to flow in. Place everything into its own spot (and if it doesn’t have one then do you need it?).
    • Create time to clear…regularly. We know what it’s like to become absorbed in a piece or find “the zone” … but we can forget to create time to clear and find we’ve become covered in piles of thread, material cut-offs, or in my case…a forest of paper. Give yourself 30mins to refocus and create space to allow the creative genius to flourish.
    • Let’s talk lighting. Aim for natural lighting where possible and consider supporting lights and/or using a magnifying glass for fine tasks such as needlework.
    • Cleanliness – it goes without saying. We’ve all heard the revealing reports on keyboard hygiene. Pick up the tea-bags, clear off the crumbs. Stat.
    • Work in nature – while I was tempted to move my office to the park, Christiane was referring to incorporating natural elements in to your office or home– or in her words “humans cannot be at peace unless nature is present” (think earth, water, stone, wood, metal elements etc). Which is why plants or flowers in a vase of water are great to have around. Plants, while also looking good, help to absorb negative energy. They also seem more manageable than goldfish for me.
    • Work in inspiration – someone once said to surround yourself only with things that are useful, beautiful or that uplift. Wise words whether you apply it to the home or the office.

    Sometimes we need to start small

    So with that in mind, I am armed with helpful tips (and no more excuses) for tweaking my workspace to let the energy and creativity flow to its best potential.

    I’d love to hear your tips or ideas?

    With thanks to landscape architect and feng shui expert Christiane Seletto for sharing her wisdom.

    Emily Harrison is a writer and yoga teacher with an interest in what makes us healthy, thriving creative beings. She also finds herself stuck under piles of paper at times. You can read more at iamem.com 


    Posted by: Emily Harrison
    Categories: business tips, regular columns, stress and wellness | 1 Comment
    Posted on

    Stress & Wellness: Putting the Brakes on Stress

    By Emily Harrison

    There’s a great line about stress being like dark chocolate – while a few squares can be good for you, too much can tip you over the edge…

    Like most things in life it’s about finding the balance.

    Last month we took a look at stress and the mind body connection. This month is the follow up piece which looks at some ways to keep stress levels in check and keep your creative fire burning (rather than burning out).

    • Stop. But you’re too busy right? It may sound counter-productive when you have a million and ten things to get done, but hitting the pause button, just for a moment, can help stop the spiral spiralling out of control. Or, if you are completely stubborn and insist on pushing through, then you will probably find you conk out at some stage and will be forced to stop.
    • Prioritise. So you’ve stopped! Good! Now what? Let’s take stock of the situation, CWC columnist Andrea McArthur has some great articles in her Organise Me column – think about starting a list, prioritising tasks and Andrea’s tips on productivity are well worth a read.
    • Breatheee. Use slow, deep, breaths to settle jangled nerves, help clear the mind and restore balance in the body. There is power in the breath and you can use it to recharge and refocus.
    • Quiet time. It may be stopping just for ten minutes to do some quiet focused breathing. Or you may explore other techniques such as meditation, guided relaxation/visualisations or yoga. When you are not sure if you are coming or going these moments of quiet time can be very grounding practises which offer reflection, insight and perspective.
    • Move it. On the flip side, some people find the best way shift a cluttered state is to pound the pavement or shake it out zumba style. Whatever form moves your mojo, exercising helps to balance the stress hormones in the body and boosts those feel good endorphins.
    • Nature nurtures – getting outdoors, squidging toes in the grass or breathing fresh air is a time tested grounding technique. (And if you are ‘too busy’ then pop the head out the window for a few breaths, stale air = stale brain I figure).
    • Drink plenty of Water and Eat nutritious snacks and meals. It’s one of the things that can easily slide when the pressure is on, but keeping hydrated and giving your body adequate nutrients will keep you fuelled and firing (she says reaching for a glass of water and wondering how many squares of dark chocolate is ‘a few’).
    • Laugh. Teehee. For body and mind, laughter is one of the best medicines. Look for lightness and humour when you find yourself on a worry wave.
    • Play.  Gosh, when did it all get so serious? Like laughter we need play and to look forward to pleasurable activities. It may be socialising with friends, playing music, reading , gardening or checking out an exhibition. Having things to look forward to helps break up the mundane or make the monotonous worthwhile.
    • Rest and Sleep. Stress and sleep problems can go hand-in-hand so getting adequate rest is important in order to have resilience to life’s challenges. And there’s much wisdom in the advice “to just sleep on it.”

    The list could go on…but I wouldn’t want to ‘stress’ you out!

    Remember, you don’t need to be the super hero. And if you find things are spiralling out of control or you’re wearing your wonder undies on the outside then there are many support services that could assist.

    Wishing you much laughter and joy in the month ahead.

    Emily Harrison is a yoga teacher, writer and communications adviser with a passion for health and wellbeing.  She encourages people to discover the vast potential and possibility that lies within each and every one of us. In 2012 she takes a leap of faith out of the corporate world and further into her writing and teaching…you can read more at iamem.com

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    Posted by: Emily Harrison
    Categories: business tips, regular columns, stress and wellness | 4 Comments