Our Legal Services

We provide legal advice relating to advertising and marketing, such as:

• Pre-publication legal advice and clearances for content such as videos, podcasts, social media tiles and brand campaigns. 
• Compliance with advertising and marketing ethical codes of conduct.  
• Australian Association of National Advertisers (AANA) Code of Ethics. 
• Australian Influencer Marketing Code of Conduct (AiMCO). 
• Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021, Schedule 1 (TGA Code).
• Australian Consumer Law.
• Labelling and packaging advice. 
• Running promotions, competitions, raffles and lotteries.
• Negotiations between agencies, talent and brands. 
• Copyright matters, including rights, use, protection, infringement and commercialisation.
• Superannuation and tax obligations for talent and influencer engagements. 
• Defamation and reputation management advice. 

 We can draft, review and negotiate a range of contracts relating to advertising and marketing, including: 

• Client services agreements. 
• Employment agreements. 
• Contractor agreements. 
• Agency agreements. 
• Influencer and talent agreements.  
• Talent releases. 
• Location releases.  
• Merchandising agreements. 
• Terms and Conditions.  
• Privacy policies. 

We can help you and your clients commercialise your work:  

• Brand Checks (recommended during the development of new branding assets for businesses) 
• Trade mark registration and protection. 
• Copyright protection and commercialisation advice. 
• Domain name registration and transfers. 
• Sponsorship, endorsements, publicity and merchandising opportunities and agreements.

We have experience dealing with infringement and disputes in the advertising and marketing industry, including: 

• Drafting and responding to cease and desist letters. 
• Alternative dispute resolution. 
• Negotiations and mediation. 
• Copyright, trade mark and design infringement proceedings and litigation. 
• Australian Consumer Law disputes and litigation. 
• Defamation and reputation management disputes. 

• Can you review my post/video/podcast/campaign/event proposal for legal issues?
• Who owns the IP in work I create for clients?
• I’m starting a creative agency, what contracts do I need?
• I want to run a competition on Instagram, what terms and conditions do I need to include?
• Who is responsible for paying super to talent and influencers?
• What is the TGA Code… and what are “therapeutic goods”?
• What disclaimers do I need to include when creating advertisements for therapeutic goods?
• I run a marketing agency, should I hire staff as employees or contractors?
• Can I refer to another business in my business’ advertising campaign?

We provide advice on commercial law, such as: 

• Setting up businesses or restructuring businesses, including companies, trusts, joint ventures, not for profits and partnership.
• Sale and purchase of businesses.
• Intellectual property advice and strategy.
• Trust structures.
• Capital raising.
• Employee stock ownership plans (ESOPs).
• Employee profit share arrangements.

We can support you and your business, by assisting with the following:

• Registering your business name, apply for your Australian Business Number and Tax File Number. 
• Registering your security interest on the Personal Properties Security Register (PPSR). 
• Transactional support for sale and purchase of business. 
• Establishing discretionary and unit trusts. 
• Bank guarantee reviews and solicitor certificates. 

We can draft, review and negotiate a range of commercial contracts, including: 

• Heads of agreements. 
• Sale of business contracts. 
• Commercial and retail leases.
• Shareholders agreements. 
• Unitholders agreements. 
• Partnership agreements. 
• Joint venture agreements. 
• Corporate power of attorneys. 
• Loan agreements. 
• Confidentiality agreements. 
• Sale of assets agreements. 
• Client services agreements.
• Business terms of trade. 
• Supplier agreements. 
• Supply and manufacturer agreements.
• Distribution agreements.
• Professional services agreements. 
• Share transfer agreements. 
• Share subscription agreements. 
• And many more!

We can help you commercialise your business’ intellectual property (IP) through an IP strategy tailored for your business, protective registrations and key legal documents including: 

• Registration of trade marks, designs and patents in Australia and internationally.
• Copyright advice, protection and enforcement.
• Trade mark, design and patent advice, protection and enforcement.
• Licensing and assignment of IP assets.
• Franchising of IP assets.
• Collaboration agreements.
• Confidentiality agreements.
• Employee and contractor agreements (with clauses tailored to ensure business IP ownership and protection).

We have  experience dealing with commercial  disputes in a range of industries, and can assist with: 

• Breaches of contract.
• Disputes between employees, contractors and businesses.
• Intellectual property disputes.
• Commercial and retail lease disputes.
• Debt recovery and statutory demands.
• Drafting and responding to cease and desist letters. 
• Alternative dispute resolution. 
• Negotiations and mediation.
• Copyright, trade mark and design infringement proceedings and litigation. 
• General commercial disputes and litigation.  

• What is the best business structure for my business?
• What contracts do I need to start working with suppliers, manufacturers, and retailers?
• How can I protect my business IP?
• I’ve created a new and unique product, how can I stop others from copying?
• How do I trade mark my business name and logo?
• I want to expand my team. Should I hire employees or contractors, and what documents do I need?
• What do I need to know when buying / selling a business? 

• Residential lease and sub-lease agreements;
• Commercial lease and sub-lease agreements for retail stores, offices, co-working spaces, studios, galleries, warehouses and factories;
• Negotiations of lease and sub-lease terms;
• Tenant and landlord rights and obligations under Australian tenancy laws;
• Stamp duty and GST;
• Breach notices;
• Dispute resolution (at VCAT) and litigation; and
• Much, much more.

We provide advice and services in relation to copyright and copyright law, such as:

• The application of the Copyright Act 1968 (Cth).
• Copyright protection.
• Copyright infringement.
• Copyright commercialisation.
• Copyright registration.
• Copyright services.
• Copyright monitoring service.
• Copyright in music, software, art, fashion, literature, film and TV, tech, photographs, and more.
• Moral rights and performer rights.
• Advice on receiving and providing royalties.
• TM vs copyright queries.
• Navigating the intersection between copyright law and designs law.
• Social media, the internet and copyright.
• Photography copyright legal advice.
• Advice on the application of the Berne Convention.
• Pre-publishing legal advice and copyright clearances for ads, scripts, books, social media content and other publications.
• Copyright laws Australia generally.
• Application of Australian copyright laws.

We can draft, review and negotiate a range of contracts relating to copyright, including:

• Copyright licence agreements and deeds.
• Copyright assignment agreements and deeds.
• Contractor agreements.
• Collaboration agreements.
• Client services agreements.
• Publishing agreements.
• Artist / designer commission agreements.
• Talent agreements.
• Writer agreements.
• Synchronisation agreements.
• Event services agreements.
• Production agreements.
• Recording agreements.
• Band partnership agreements.
• Performance agreements.
• 360 agreements.
• Producer agreements.
• Software and website development agreements.
• Confidentiality agreements (NDAs).
• Moral rights consent forms.
• Supplier agreements.
• Manufacturing agreements.
• Distribution agreements.
• Online terms and conditions (including for websites, online stores, online marketplaces, NFTs, and more).
• App terms and conditions.

We can help you commercialise your creativity through copyright:

• Agreements relating to copyright.
• Copyright licensing and assignment.
• Copyright commissioning agreements.
• Co-author agreements for copyright material.

We have experience dealing with copyright infringement and disputes, including:

• Drafting and responding to cease and desist letters.
• Alternative dispute resolution.
• Negotiations and mediation.
• Copyright litigation.
• Copyright disclaimers.

Looking to create an ‘artist legacy’ to pass on to your family, friends, charities or others? We can assist with things such as:

• Advice on estate planning in relation to your copyright and IP assets.
• Drafting wills and testamentary documents.
• Gallery bequests.

• What rights do I have under copyright law?
• How do I protect my work from copycats?
• Has my copyright been infringed?
• I’ve been offered a contract relating to my copyright work. What does it mean and should I sign?
• How can I obtain a licence to use someone else’s copyright material?
• How do I legally obtain ownership of someone else’s copyright material?
• How do I make money from licensing or selling my copyright assets?
• I want to collaborate with another creator, how do I protect my copyright in this process?
• I am restructuring my business, how can I ensure the new entity owns my copyright assets?

• Pre-publication legal advice (including advice on defamation risks) and content clearances.
• Reviewing allegedly defamatory content.
• Advising whether there are grounds for a defamation claim.
• Advising whether there are grounds for a claim of injurious falsehood (for larger businesses).
• Defamation and social media.
• Defamation and publishing.
• Defamation and radio / podcasts.
• Defamation and third party comments on business’ social media pages.

• Advising clients whether they have grounds to take action for defamation.
• Bringing defamation claims.
• Defending defamation claims.
• Advising clients whether they have grounds to take action for injurious falsehood (for larger businesses).
• Bringing injurious falsehood claims (for larger businesses).
• Defending injurious falsehood claims (for larger businesses.
• Drafting and responding to letters of demand.
• Alternative Dispute resolution.
• Negotiations and mediation.
• Defamation disputes and litigation.

• Someone is posting defamatory comments about me online, what can I do?
• I’ve been defamed… can you help?
• Can you review my manuscript/campaign copy/social media post/reel/script to confirm I haven’t defamed anyone?
• I’m writing a memoir/non-fiction book that talks about real people and events… I’ve changed people’s names… is this enough?
• What is considered “defamation” in Australia?

We have experience advising on and assisting with a wide range of commercial disputes including: 

• Contract disputes. 
• Australian Consumer Law disputes. 
• Misleading and deceptive conduct disputes. 
• Intellectual property disputes. 
• Business and commercial disputes. 
• Retail leasing disputes. 
• Music industry disputes.  
• Partnership, joint venture, shareholder, unitholder and director disputes, including breach of director’s duties or fiduciary duties, claims of oppression and fund misappropriation. 

We have experience in all stages of dispute resolution and debt recovery, including: 

• Drafting and responding to cease and desist letters. 
• Alternative dispute resolution. 
• Negotiations and mediation. 
• Copyright, trade mark and design infringement proceedings and litigation. 
• Court proceedings.
• Debt recovery.  

• I completed work for a client and now they won’t pay me. What can I do?
• I’ve received a cease and desist letter, can you help?
• I bought a product from a store and it doesn’t work. The store won’t give me a refund. What are my options?
• Another business has copied my business’ logo. What can I do?
• My friend and I started a business together and have had a falling out. I want to continue the business without them. What are my options?
• A client hired me to do a job, then changed their mind after paying the deposit. Do I have to refund the deposit?

We provide advice on employment law, such as:

• Application of the Fair Work Act 2009 (Cth).  
• Employment, contractor, freelancer, director and personal services agreements.
• Employee vs contractor assessments. 
• Sham contracting.
• Modern awards and staff entitlements.
• National Employment Standards.
• Insurance requirements, including workers compensation, public liability and more.
• Cancellation of contractor services. 
• Termination of employment. 
• Unfair dismissal.
• Notice periods.
• Restraint of trade and confidentiality clauses.  
• Redundancy assessments.  
• Staff manuals, business policies and codes of conduct.

We can draft, review and negotiate a range of contracts and key documents for your business, including: 

• Employment agreements. 
• Contractor agreements. 
• Individual flexibility arrangements. 
• Confidentiality agreements (NDAs).
• Employee handbooks. 
• Staff manuals, business policies and codes of conduct.
• Recruitment terms of service. 
• Consultation letters for redundancy scenarios. 
• Termination of employment letters. 
• Extension of fixed term employment letter.  
• Deed of variation of employment agreement. 
• Director letters of appointment.  

We can assist with employment disputes, including: 

• Notices of breach of employment agreement. 
• Cease and desist letters.   
• Unfair dismissal claims.
• Representation at the Fair Work Tribunal (for employees and employers).
• Settlement options for termination of employment. 

• Setting up your new entertainment business.
• Agreements for talent, performers, artists, bands, management, booking agencies, producers, record labels, publishers and more.
• Copyright matters, including rights, use, protection, infringement and commercialisation.
• Copyright licences and assignments.
• Moral rights and performer rights.
• Clearing samples.
• Distribution deals for both physical and digital products.
• Trade mark registration of performer, record label or other business names.
• Industry standards.
• Collection of royalties and residuals.
• Cease and desist letters.
• APRA/AMCOS/ARIA music licences.
• Band disputes.
• Breach of contract advice.
• Festival legals.
• Pre-publishing clearances for advertisements, scripts, books, social media content and other publications.
• Retailing and distribution of digital media, including music, software and film.
• Handling legal affairs for festivals and events.
• Merchandise, endorsements, sponsorship and publicity matters;
• Employment matters;
• Disputes and litigation including copyright infringement, partnership and contractual disputes; and
• Much, much more.

We provide specialised advice on intellectual property (IP), such as:

• Copyright.
• Trade marks.
• Registered designs.
• Patents.
• The best IP options for your business.
• IP strategy, protection and commercialisation.
• IP portfolio management.
• Trade mark, patent and design applications.
• IP advice in sale of business transactions.
• IP infringement advice.
• The application of the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth) and Patents Act 1990 (Cth).
• Moral rights and performer rights.
• Navigating the intersection between copyright law and designs law.
• Social media, the internet and IP.
• Technology, AI and IP.
• Pre-publishing legal advice and IP clearances for ads, scripts, books, social media content and other publications.

We can draft, review and negotiate a range of contracts relating to IP, including:

• IP licence agreements and deeds.
• IP assignment agreements and deeds.
• Contractor agreements.
• Collaboration agreements.
• Client services agreements.
• Design services agreements.
• Publishing agreements.
• Confidentiality agreements.
• Artist / designer commission agreements.
• Synchronisation agreements.
• Production agreements.
• Recording agreements.
• Band partnership agreements.
• 360 agreements.
• Producer agreements.
• Software and website development agreements.
• Research and development agreements.
• Technology transfer agreements.
• Moral rights consent forms.
• Supply and Manufacturing agreements.
• App, website and online store terms and conditions.

We can help you commercialise your creativity through IP protection for copyright, trade marks, registered designs and patents:

Copyright:

• Agreements and deeds relating to copyright.
• Copyright licensing and assignment.
• Copyright commissioning agreements.
• Co-author agreements for copyright material.

Trade marks:

• Applications to register your trade marks (in Australia and internationally).
• Trade mark licensing and assignment. 

Registered designs:

Patents

• Patent applications (in Australia and internationally).
• Patent licensing and assignment.
• Collaboration agreements.  
• Supply agreements. 

We have specialist experience dealing with IP infringement and disputes, including:

• Drafting and responding to cease and desist letters.
• Alternative dispute resolution.
• Negotiations and mediation.
• Litigation.
• IP disclaimers.

Looking to create a ‘legacy’ to pass on to your family, friends, charities or others? We can assist with things such as:

• Advice on estate planning in relation to your copyright and IP assets.
• Drafting wills and testamentary documents.
• Gallery bequests.

• What are my IP rights?
• What is the difference between copyright, trade marks, designs and patents, and which should I use to protect my work and grow my business?
• Has my IP been infringed?
• How do I protect my work from copycats?
• I’ve been offered a contract relating to my work. What does it mean and should I sign?
• How can I obtain a licence to use someone else’s IP?
• How do I legally obtain ownership of someone else’s IP?
• How do I make money from licensing or selling my IP assets?
• I want to collaborate with another creator, how do I protect my IP in this process?
• I am restructuring my business, how can I ensure the new entity owns my IP assets?
• I’m purchasing/selling a business, what do I need to do to ensure the proper transfer of IP assets?

• Agreements with actors, talent, writers, broadcast journalists, entertainers, cast and crew, employees, contractors, agents and insurers;
• Production agreements;
• Financing and funding;
• Defamation advice and clearances;
• Censorship;
• Licensing of music and other copyrights including synch placements, remixes and sampling;
• Copyright protection, infringement and commercialisation;
• Performer and moral rights;
• Talent, copyright and location releases;
• Merchandise and sponsorship;
• Chain of title;
• Pre-publication legal advice and content clearance;
• Broadcasting licences, streaming licences and other mandatory licences;
• Australian Communications and Media Authority (ACMA) and Australian Press Council (APC) Standards;
• Privacy matters, including drafting privacy policies;
• Australian Consumer Law;
• Disputes and litigation; and
• Much, much more!

For more information about the industries we work with, take a look at our client industries here.  

Looking for legal assistance or advice? We’d love to help. Get in touch with one of our media lawyers today. 

• Setting up your new music business.
• Agreements for performers, artists, bands, management, booking agencies, producers, record labels, publishers and more.
• Copyright matters, including rights, use, protection, infringement and commercialisation.
• Copyright licences and assignments.
• Moral rights and performer rights.
• Clearing samples.
• Distribution deals for both physical and digital products.
• Trade mark registration of performer, record label or other business names.
• Industry standards.
• Collection of royalties;
• Cease and desist letters.
• APRA/AMCOS/ARIA music licences.
• Band disputes.
• Breach of contract advice.
• Music festival and events legals.
• Retailing and distribution of digital media, including music.
• Merchandise, endorsements, sponsorship and publicity matters.
• Employment matters.
• Disputes and litigation including copyright infringement, partnership and contractual disputes.
• Much, much more.

We provide legal advice on consumer law, such as:

• Understanding and complying with the Australian Consumer Law.
• Consumer guarantees for goods and services,
• Product warranties.
• Product safety.
• Advice for businesses, retailers and manufactures on their responsibilities and obligations under the Australian Consumer Law.
• Contract reviews, advice and drafting.
• Avoiding unfair contract terms.
• Misleading and deceptive conduct relating to advertising, marketing, social media and product packaging.
• Comparative advertising.
• Marketing claims.
• Pre-publication legal reviews of advertising and marketing content, including comparative advertising.
• Store policies, including returns and refund policies.

We can draft, review and negotiate a range of contracts relating to consumer law and trading, including: 

• Terms and conditions for retail and e-commerce stores.
• Refunds, returns and shipping policies for retail and e-commerce stores.
• Product warranties.
• Legally compliant product packaging.
• Legally compliant advertising and marketing campaigns.

We have experience dealing with consumer law disputes and can assist with: 

• Breaches of the Australian Consumer Law, including in relation to misleading and deceptive conduct, false misrepresentations and consumer guarantees.
• Debt recovery and statutory demands.
• Drafting and responding to cease and desist letters. 
• Alternative dispute resolution. 
• Negotiations and mediation.

Coming soon!

As part of our Outsourced In-house Counsel solution, you can access: 

• Business Legal Healthcheck Report & Step Plan.
• Our contract template suite for your business.
• Creation and maintenance of ‘live’ legal WIP document.
• Regular check-ins.
• On-site attendances and meetings as required.
• Day to day legal advice and support as required.
• Contract populations, reviews and negotiations.
• Dispute management (excludes litigation).
• IP portfolio management (if required).
• Day to Day HR support (if required).
• Access to out of scope services at discounted rates.

We understand that your business law needs are varied month to month and differ from other businesses.

So, we will design a flexible retainer model that works for you.

Our retainer options include:

• Charged by the hour as required.
• Charged as a fixed monthly fee.

We provide outsourced in-house legal services to creative SMEs, franchises and global brands through exciting industries.

Industries include:

• Advertising.
• Marketing.
• Architecture and interior design.
• Fashion.
• Art.
• Design.
• Beauty.
• Fitness and wellness.
• Manufacturing.
• Food and beverage.
• Hospitality.
• And more.

Q: Who will be our Legal Counsel?

A: In consultation with you, we will appoint 2 lawyers to your account, one who will be your primary contact and the other who will be a principal level lawyer (both who can use your company email if preferred by you).

Q: Can your lawyers use our business email address?

A: Yes, our lawyers can work from a business email address supplied by you, so we can really integrate into your team and business.

Q: Do I have to commit to a minimum term?

A: Our retainers last for a minimum 3 months, and after this period, you may cancel with 30 days’ notice.

Q: What set-up costs are there?

A: We believe in strong legal foundations, that’s why upon sign-up, we will conduct a Business Healthcheck Report for your business and then deliver a set of initial recommendations (your Step Plan) and contact templates for future use (charged as an initial fixed fee).

Q: Can Studio Legal do fixed price retainers?

A: Absolutely, if this is your preference. We suggest working together for 3 months, and then meeting to discuss. We will analyse the volume of work to date and suggest a fixed fee per month retainer.

Q: What visibility and reports will we get?

A: We will create and maintain a live working spreadsheet of all legal matters we are working on for your business accessible to you at any time and discussed in our monthly WIP meetings.

Q: Why should you have your own Outsourced In House Counsel?

A: As a successful and growing creative business, you need a dedicated legal team to keep you legally compliant, manage legal risk and to help maximise commercial opportunities. We offer this service and accompanying peace of mind at a fraction of the cost of hiring 2 dedicated in-house lawyers or using external lawyers for all legal projects.

• General business structure and set up advice;
• ABN, TFN and business name registration;
• Preparing for investment;
• Capital raising including preparing convertible notes, SAFEs and loan agreements;
• Employee stock ownership plans (ESOPs);
• Employee profit share arrangements;
• Intellectual property strategy and advice;
• Trade mark and brand protection;
• Agreements with partners, shareholders, unitholders, investors, collaborators, employees, contractors and more;
• Employment law;
• Co-founders agreements;
• Vesting arrangements;
• Restructuring;
• Lease agreements;
• Terms and conditions for apps and websites; and
• Much, much more.

We provide specialised advice on trade mark law, such as: 

• Trade mark availability, including undertaking brand checks and marketplace checks of your proposed trade marks.
• General trade mark pre-filing advice and strategy
• Advice on the key trade mark classes for your brand.
• Identifying your business’ key brand assets for trade mark applications.
• Overcoming adverse reports from IP Australia.
• Trade mark oppositions, cancellations and non-use applications.
• Trade mark infringement.
• Trade mark ownership, licensing and assignment.
• Geographical indications.

We can draft, review and negotiate a range of contracts relating to trade marks, including: 

• Trade mark licenses.
• Trade mark assignments.
• Co-existence agreements (and letters of request for co-existence).
• Ownership and licensing of trade marks between corporate group members. 
• Copyright assignment agreements and deeds (to transfer ownership of logo designs from graphic designers/artists to relevant business owners).

We can act as the agent for your trade marks, and provide assistance in the following areas: 

• Trade mark monitoring and watch services.
• Preparation and management of trade mark portfolios.
• Drafting, filing and managing correspondence with IP Australia and international trade mark offices.
• Declarations and submissions to IP Australia and international trade mark offices. 

We can help you commercialise your IP assets (such as trade marks) in a range of ways, including:

• Trade mark licensing.
• Trade mark assignment. 
• Preparation of trade mark portfolios for sale of business transactions.

• I’m just starting my business, should I apply for trade marks now, or wait until I establish my brand?
• How do I apply for a trade mark?
• Someone has copied my business name/logo, what can I do?
• What is the difference between copyright, trade marks, designs and patents, and which should I use?
• I applied for a trade mark through IP Australia but received an ‘adverse report’. What do I do now?
• I’m purchasing/selling a business, what do I need to do regarding the business’ trade marks?
• I want to sell my products oversea. Do I need an international trade mark or does my Australian trade mark protect my brand?
• I received a letter saying I’ve infringed someone else’s trade mark! What do I do?
• What is the difference between the TM symbol and the ® symbol? Can I use them?
• Why can’t I use certain words to describe my products (such as Champagne, Darjeeling (tea), etc)?
• I’m a winemaker and want to use the region I produce in on my labels. What do I need to know about Australian wine geographical indications?