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[126] The Legalities of Handmade Business with Christina Scalera [Part Two]

 

Listen to Part 1 Here.

In part 2 of my interview with lawyer Christina Scalera, we talk copycatting and branding.

We also discuss the Digital Millennial Copyright Act and how it can help you protect photos of your work.

If you have any legal questions after listening to either of these 2 episodes, please leave them in the comments below!

 

Love the show? You can show your support by:

  • Leaving a review on the C&T FB page.
  • Leaving a review on iTunes.
  • Donating a few dollars towards the costs of producing the pod.
  • Joining the Thriver Circle – without the members of the Circle, this podcast would not be possible.

 

 

 

Quote and highlights from this episode:

  • When you and another maker have a design that is very similar this falls under copyright.
  • Copyright infringement focuses upon two elements: access and similarity.
  • Access refers to previous contact with the design. This can be as little as subscribing to an email list or pinning an image on Pinterest.
  • Check for similarity between the two designs – if it is uncomfortable for you it is probably uncomfortable for them.
  • If the access and similarity check reveals someone has unconsciously inspired you take the design down.
  • “There is nothing wrong with inspiration whether we forget that we are actually being inspired” {Christina}
  • “If you see someone and you think they have copied you – just let it go and move on” {Jess}
  • Branding is important – tie your shop listing and designs back to your brand.
  • “It is easier to protect a brand than all of your designs” {Christina}
  • Your brand, logo, name, email lists are brand assets that you are building.
  • The “Digital Millennial Copyright Act” covers product photography. For example if something pops up on Pinterest, as the copyright holder you can request its removal.
  • If you find unauthorised use of your content try communicating directly with the person first. Keep to the facts, remove emotion and ask that the image/content be taken down.
  • Jess shares her experience with her content being used without credit or consent.
  • “Take screenshots of everything that preserves the date and time.” {Christina}
  • To see where your images are being used use images.google.com
  • Watermarks are a personal preference – consider how the inclusion impacts on design and the message it conveys about trust to your audience.
  • Get Christina’s free guide: Legit Profits
  • And check out her website here: The Contract Shop

 

Download or listen to this episode.

 

You can also subscribe to the podcast and listen to this episode on iTunes + Stitcher)

[125] Can I have a successful handmade business without Etsy?

Sometimes, it feels like everyone is on Etsy.

But… can you have a successful handmade business if you aren’t?

I discuss this very question in this week’s episode.

I outline the pros and cons of Etsy, and do the same for having your own, independent, online store.

Reminder! Set Up Shop Registration closes this Sunday 5pm AEST, and class starts Monday! Are you joining us?

 

 

Quotes and highlights from this episode:

  • Why use Etsy? It is the premier online handmade marketplace, has a massive handmade product search engine, provides buyers with a sense of transaction secruity and will drive customers and revenue to you.
  • If you have no experience with web design and management, start on Etsy. It makes setting things up simple.
  • Etsy is a great learning space where to work on your photos, tags, captions and stock.
  • However, “if you are serious about growing a part-time or fulltime business you should set up your own shop.”
  • If you are doing large portions of marketing drive your business back to your own shop rather than Etsy.
  • “The power of using Etsy is they should be driving the traffic for you – that’s the point!”
  • Etsy is just one of many online marketplaces. Don’t forget Zibbet, Made It, DaWanda, and Not on the High Street.
  • If you are in the growth phase of your business- get your work on to as many of these platforms as you can manage to drive business to your store.
  • If you have a huge product range, pick a small sample of work and place that on a wider range of places.
  • Building your own site allows for more control of look and feel and creates a sense of professionalism.
  • Setting up a shop without Etsy is possible but does require more work.
  • Focus upon social media, building a mailing list, selling wholesale and at markets to help build your audience.

 

Download or listen to this episode.

 

You can also subscribe to the podcast and listen to this episode on iTunes + Stitcher)

[124] The Legalities of Handmade Business with Christina Scalera [Part One]

Have you ever wondered about the legalities around your handmade business?

Things like trademarks, copyright, insurance…

Can you buy Star Wars fabric and make purses out of it?

Do you need to trademark your business name?

Should you get business insurance?

Can you legally take a quote and sell a print featuring it?

The legalities around handmade business can be super-confusion, and a potential source of stress. I’m very happy to bring you 2 episodes that answer a wide range of your questions about the legal side of handmade business.

My guest this week – and next week – is Christina Scalera, a lawyer from the US who has a lot of experience with the legalities of creative business.

If you have any questions after listening to this episode, please leave them in the comments below!

 

Love the show? You can show your support by:

  • Leaving a review on the C&T FB page.
  • Leaving a review on iTunes.
  • Donating a few dollars towards the costs of producing the pod.
  • Joining the Thriver Circle – without the members of the Circle, this podcast would not be possible.

 

 

Quotes and highlights from this episode:

  • The earlier you consider legal issues the better off you will be.
  • Invest in business insurance – this is an important early step in your business.
  • At some point someone will have a problem with your business and it is important to have the insurance to back you up.
  • Anything you create from scratch is your intellectual property (aka IP)
  • Be aware business insurance does not include intellectual property coverage. This is worthwhile to pay the extra for if you can afford it.
  • If a US based audience is purchasing from you then you are subject to US laws.
  • “To be on the safe side adopt US rules” {Christina}
  • With 2017 US copyright law anything from 1923 and earlier is in the public domain.
  • With 2017 Australian copyright law anything from 1955 and earlier is in the public domain.
  • These copyright laws relate to anything authored – play, dance, design, quote and similar.
  • Jess shares an anecdote about an IP issue she faced in the early years of her business.
  • Understand the Doctrine of First Sale. You can purchase something from someone else and use it as a component in your product as the license has already been paid for. For example, purchasing Pokémon fabric and making a bag to sell in your store.
  • A good guiding principle is to include in the item title or description that your product is unofficial and ensure there is no confusion.
  • Avoid using the name of something that could be a trademark.
  • When choosing a business name do your research. Generic and descriptive names are harder to protect whereas invented names are the easiest.
  • Trademarks are based on common law use – as long as you have done a clearance search and there is nothing out there is a low level of confusion and infringement.
  • “The earlier you can use a trademark typically the better – you are bookmarking the date in time that you started using it and selling it” {Christina}
  • Find our more about Christina over on her website, The Contract Shop.

 

Download or listen to this episode.

 

You can also subscribe to the podcast and listen to this episode on iTunes + Stitcher)

[123] The 4 Things Holding you Back from Succeeding [REDUX]

 

We all face challenges when starting a business – or even further along the track when we are attempting to grow and change.

I know I still get a little bit of fear when I launch a new product, publish a post or start a new project. Even after almost 10 years in business! That feeling never goes away completely, but it does lessen as you do it over and over and over again.

This week I’m bringing you one of the very first episodes I ever created. In it, I discuss 4 things that might be acting as roadblocks on your path to success – and how to face and overcome each one.

Also! Thriver Circle membership is opening for the final time in 2017!

Membership opens 11am Wednesday morning AEST, and closes 11am Saturday morning AEST.

You can find out all about the Circle and join right here – and head on over to this page to find out all the details on the Your Year to Thrive course that you get exclusive access to as a member of the Circle.

Love the show? You can show your support by:

  • Leaving a review on the C&T FB page.
  • Leaving a review on iTunes.
  • Donating a few dollars towards the costs of producing the pod.
  • Joining the Thriver Circle – without the members of the Circle, this podcast would not be possible.

 

Quotes and highlights from this episode:

  • ‘There were times when I thought, I’m never going to figure anything out’
  • Having people to talk to – like a mentor or group – is the best place to learn.
  • The info is out there, it’s really about having a filter.
  • You CAN break out of the lifestyle you have created for yourself and you can create something different.
  • There are a lot of time-wasting things we do. Figure out what they are, stop wasting them and let yourself be goal-centered on how you spend those pockets of time.
  • It’s never been easier than it is now to make money from your creativity.
  • You need to spend one or the other – you need to spend time or money. You need to decide what you have more of to spend.
  • The most important thing that holds you back is fear.
  • Are you being positive or are you telling yourself negative thoughts?
  • “You can be confident and humble at the same time.”
  • “You will fail and you will fail a lot and you’ll do it over and over and that is OK.”
  • Don’t be scared of doing things because you think you won’t be doing it right.
  • “Just Start”
  • Whenever you put anything out into the world, it’s scary because you’re putting a little piece of yourself out there for the world to judge.
  • “Feel the fear and do it anyway”
  • Focus on the small wins, the little steps you can take to overcoming these things everyday.

 

Download or listen to this episode.

You can also subscribe to the podcast and listen to this episode on iTunes + Stitcher)

[122] How to be a Misfit Entrepreneur with Kate Toon

Do you ever feel like you’re not a ‘real entrepreneur’?

Yeah, me too. And so does my guest this week, Kate Toon – who happens to be the author of How to be a Misfit Entrepreneur.

I met Kate at the Artful Business Conference this year, and promptly invited her to come on the show, because I loved the way she approached ‘being an entrepreneur’.

We have a lot of laughs, and chat about what it means to grow a business YOUR way – and how to own that and be proud of it, rather than feel like you’re somehow not doing it right.

 

Love the show? You can show your support by:

  • Leaving a review on the C&T FB page.
  • Leaving a review on iTunes.
  • Donating a few dollars towards the costs of producing the pod.
  • Joining the Thriver Circle – without the members of the Circle, this podcast would not be possible. (Membership is open on September 27th!)

 

 

Quotes and highlights from this episode:

  • Most of us don’t fit the myth of the yacht owning, hammock lazing, one-hour workday entrepreneur.
  • Develop your own style of entrepreneurship to fit the lifestyle you want to lead.
  • Business growth for the sake of growth is not mandatory.
  • It’s okay to align your goals to personal wants rather than business outcomes.
  • “We can keep doing what we’re doing and it is okay. We don’t always have to be doing something new or different or exciting to be happy.” {Jess}
  • Keep expectations of your business growth realistic, avoid comparisons and get on with your own journey.
  • “Nobody is immune to the feeling of an imposter or not being good enough. Even if from the outside if they look super successful.” {Jess}
  • There will always be someone doing things better than you – stop focusing on others and focus on building your business.
  • “Stop consuming and start creating.” {Kate}
  • Looking for inspiration? Don’t go to your competitors go to your customers.
  • Criticism and difficult customers are part of the entrepreneurship journey.
  • Take the high road but you do not have to cave to an unreasonable customer.
  • Kate recommends The Subtle Art of Not Giving a F*ck by Mark Manson.
  • Develop your business direction with your core values in mind. These will change and grow as you do.
  • Chase interesting ideas and stray from your path. Some ideas will work and some will crash and burn. Let these ones go.
  • “The whole point of having a business is getting some satisfaction and enjoyment out of it – not just money and customers.” {Kate}
  • Time management and organisation is essential – structure your day, keep motivation high, track time and establish tasks.
  • Kate recommends the Pomodoro technique for time management.
  • Find out more about Kate and buy her book here.

 

 

Download or listen to this episode.

You can also subscribe to the podcast and listen to this episode on iTunes + Stitcher)