Tuesday, 12 April 2016

Career Track Tuesdays - Everything Legal

Everything Legal - Keith Arrowsmith

+ Selling your own work (sole trader) - have to pay taxes to the tax man (private) don't have to do anything else...

+ Business Structures
- What type of body do I want?
- Are some types of customers more risky?
- What does 'limited liability' really mean?
- Is a social enterprise model worth considering?
- Can I be a charity to get more funding?

+ Risk of Partnerships - You will have to pay the other's debt as you are liable. There are different structures to help you to avoid this.

+ A slightly more complex structure depending on the job.

Shared companies - multiple people put money into the company - Profit making - these people will be paid in shares of the company.

Companies guarantee - Pay by grants - non for profit - shares lose profit. I personally have slight experience in this area with my volunteer group, Abbot's Staithe with the need to find more grants in order to be able to involve the community.

Considering what structure helps you whether creating two companies one for selling, one for profit etc.

Fraud - if you do not declare things properly.

+ Working for charities - funded/grants - different way of business - maybe run by one person.

Posh words - Incorporation = forming a company - when you form a company officially.

+ Specifications:
- The paper work you must fill in to get started
- The taxes you'll have to manage and pay
- How you can take the profit your business makes.
- Your personal responsibilities if your business makes a loss

Public liability insurance - To stop personal liability for work you have made for other people = £40!
- Some brokers have art catergorised insurance and some have standard packages.

+ Names and Brands:
- You must tell people who is behind the work, who you are! That is the rule.
- You can use a different name as long as it is made clear that you are behind it as well as your business address.
- Checking names! For trademarks, check the database IP office on Gov.uk  - A collection of registered companies etc.
- You can also protect a colour, a logo and a graphic. For example Cabury's wanted to protect the shade of purple that they use on their chocolate packaging. This failed. This case is similar with the companies, Orange mobile and Royal Mail.
- You can also protect a jingle as well much like Directline.
- You can protect a smell as well - though not many are registered.

Businesses are in different classes, for example class 25 is clothing.

Every ten years you have to renew your business or it will be classed as dead. Your business will end.

If you want to use your name for your branding, you have to use a different route. Registering at the IP office is the best and secure way of protecting your work. Re-registering your name for ten years = £170. For a web domain name, £10 every year, depending on what deal you have.

For research into company names - Company House at Gov.uk and www.knowem.com checks all social media.

National business register IS A SCAM! DO NOT REGISTER! It is a commercial, volunteer company, that are eeeeevil.

Posh words - Intellectual Property - you can earn money through this - you own this therefore you control this.

+ How to protect your work - Read the terms and conditions!!! Or pay someone to explain it to you. This is your responsibility.

+ How do we protect our ideas?
- Watermark of their name - © Protects the work but not the idea.
- (P) - Protects an invention - you cannot protect the idea - only what you have come up with.

TM - is a freebie! Will protect your reputation but will be hard to approve. 
® - Registered and distinctive. Will not have the same problem as TM

Patents - to protect inventions - costs lots - don't tell anyone your idea until you have one the paperwork or it won't be new. If in doubt you can always ask for confidentiality but confirm which in writing or it will be difficult to prove. 

Copyright  ©
Design rights - there is no symbol, just write design rights - the graphics, your design. You register what makes the design special. A years grace to test in market and then spend money on registering it. You would need one for surface print and the item shape etc.

Copyright protects your work for FREE - and without you doing anything at all. No tests for quality. 
 © This symbol tells the world that this is your work - if anyone steals your work.. you can send them to jail! You do not need to protect work  as copyright does this for you - no registering! no registration in the UK.

If you are employed to create work or a deal, the employer has copyright. HOWEVER THE CREATOR WILL ALWAYS HAVE COPYRIGHT. 

The post it trick! Sending your work via post to yourself will give your work a date stamp, which will 100% prove that this is your work in court. However if you open the mail, then this is void. 

Copyright Lasts your lifetime + 70 years.  What it does stop:
- Any copies (All or Parts)
- Issue copies to the public
+ Perform/show/broadcast
+ Adapt

Seven per cent rule - is absolutely RUBBISH! It does not exist. 

Creative Commons - good practice and great for international works. - Simpler deal maybe easier. 

There are more rights that you can look into depending on the work you create:
- Performance Rights
- Database Rights 
- Resale Rights (money)

DACS - Every time your work is resold you get royalties. However you must register. So if you sell work professionally for £50 then this person sells for £1,000,000 you'll get royalties, ONLY IF SOLD PROFESSIONALLY - so ebay gets away with it. 

Copyright Licensing - in terms and conditions, thats the deal with your rights of copyright of the work you post under the website domain. Exclusive Person owns the work - Perpetual - own it forever. Assignable - to certain people royalty free - no consequences world wide. 

If you are selling.. You want non exclusive, time limited, personal, licence fee, limited territory. Make money from licencing, again and again. Make sure you can prove your work and ultimately make money!


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