You Own the Copyright to Your Book In Australia, copyright law is complicated and has many nuances. You may be surprised to hear that in Australia, you don’t automatically own the copyright to your book. Instead, when you write a book and publish it, a “publication right” attaches to it. This means that the copyright owner is automatically given this right unless they agree otherwise or if there are special circumstances (like if they were commissioned or employed by someone else and have agreed to grant rights to the buyer). Author: Farrah Motley, Legal Principal of Prosper Law and a publish ..read more

If you are the founder of a startup - you need a startup lawyer! In this article, we'll look at the reasons why and give you some insight into how a startup lawyer can help your new business. Author: Farrah Motley, Legal Principal of Prosper Law and a startup lawyer. Startup Lawyer Can Help Define Ownership and Control A startup lawyer can help you define ownership and control. In a typical startup, there are multiple people who will be involved in the company. The exact number depends on your business model and industry, but it could be anywhere from two to 20 or more people. One of the most ..read more

The way we work, interact, and engage in business is changing as a result of technology. Automation and online services are sweeping over every profession, leaving their imprint on every industry. The legal industry is no exception and there is a growing demand for online legal advice. Technology has had a positive impact on online legal advice, making it possible to hire a lawyer from the comfort of your home or office. Some things in life simply cannot be accomplished without the assistance of a competent attorney. The internet has made it easier than ever to acquire the help, gone are the d ..read more

This eBook is written for engineers and architects. After reading this eBook, you will have a better understanding of consulting contracts and how they operate within the practice of engineering and architecture in Australia. This eBook is, however, not a substitute for legal advice and is for general information only. While it is important to develop a general understanding and appreciation of consulting contracts, you should always consult with a commercial contract lawyer for legal advice. This is particularly so when it comes to contracts that are complex and of high value. This eBook wil ..read more

Who owns copyright and when is copyright licensed? In Australia, copyright is governed by the Copyright Act 1968 (Cth). Copyright refers to the rights that the law gives to creators of literary, dramatic, musical, and artistic works and producers of motion pictures and sound recordings. Everyone should at least have a basic understanding of copyright law. Particularly for creators (including authors, writers, graphic designers, artists, engineers and architects), copyright can be an area of law that is confusing. In this article, Farrah Motley, Legal Principal of Prosper Law and a copyright l ..read more

It's a good idea for every company, regardless of industry, to keep in touch with an employment law firm. In addition to assisting your business in defending a workplace lawsuit, employment law firms may assist your business to avoid legal difficulties, review legal documents and contracts, stay current on developments in employment law, and more. From routine document inspections to litigation, an employment law firm can assist with any legal issues that affect employers. These might include: Unfair dismissal Enterprise bargaining agreements and Award rights Restraint of trade General prote ..read more

Probationary periods in employment contracts are an important part of workplace law in Australia. A probationary period is an amount of time that enables employers and employees to assess the suitability of the employment relationship and is usually described in an employment contract. In this article, we’re going to detail the law surrounding probationary periods in employment contracts. We will look at the following topics and you can skip ahead to the relevant section by clicking the link below: What is an employment probationary period? What does the Fair Work Act say about probationary ..read more

In Australia, many different laws govern unfair contract terms. In many instances, contract terms that are considered to be unfair will be unenforceable and in some cases, there are fines for businesses that seek to impose unfair contract terms upon customers or other businesses. In this article, Farrah Motely, Legal Principal of Prosper Law and a commercial contract lawyer, explains what an unfair contract is from a legal perspective, how businesses can comply with the unfair contract terms laws, and what to do if you have signed up for an unfair contract. Author: Farrah Motley, Legal Princi ..read more

As a readily accessible platform for publicly sharing information and opinions, employees are able to use social media to shape the beliefs of others and find or support like-minded communities. However, the landscape of social media and its connection to the workplace has evolved as the courts have recognised the need for businesses to protect their legitimate business interests and reputation. This has lead to both employers and employees seeking advice about their legal rights from a workplace lawyer. The context of social media posts, irrespective of its anonymity or distribution to limite ..read more

A consulting contract is an important document for professional services firms. When you are supplying services to a client, it can be difficult to negotiate terms because the client has so much leverage. However, it is important to avoid the temptation to simply sign the consulting contract without scrutinising its terms. In this article, we explore 4 details that you should look out for in a consulting contract. Author: Farrah Motley, Legal Principal of Prosper Law. Indemnity clauses in a consulting contract An indemnity clause is essentially a clause that requires one or more parties to re ..read more