📘

intellectual property

Disclaimer: This is a discussion piece on IP issues in Australia. It is not formal legal advice. See a lawyer for that. This opens the topic up.

IP theft is happening everywhere all the time

While you’re reading this, someone just:

  • Saved your design and re-uploaded it to Redbubble
  • Ripped your course and shared it on a private Facebook group
  • Reposted your viral reel with their watermark
  • Copied your shopify store theme
  • Lifted your idea and pitched it to an accelerator in Sydney

The difference between thriving creators and those constantly hustling?

The smart ones protect their IP.

The rest give it away often without realising it.

It’s really simple

Without IP protection:

  • You build → they copy
  • You innovate → they register it
  • You post → they monetise
  • You work → they own
  • You pitch → they launch

With IP protection:

  • You license → they pay
  • You own → they ask permission
  • You enforce → they back off
  • You grow → you scale legally
  • You pitch → with NDAs and power

IP basics in Australia

There are 4 types of IP:4

1. Copyright © (This is automatic in Australia)

  • Covers:
    • Written content, code, videos, images, designs, music
  • Duration:
    • Life + 70 years
  • Cost:
    • Free
  • Registration:
    • Not required in Australia
  • Enforcement:
    • Can sue or send legal notices based on ownership evidence

2. Trademark ™ / ®

  • Covers:
    • Names, logos, slogans, product packaging
  • Enforced via:
    • IP Australia
  • Duration:
    • Renewable every 10 years
  • Cost:
    • ~$250–400 per class (2024 rates)
  • Optional but highly recommended for business and product names

3. Trade secrets

  • Covers:
    • Methods, formulas, confidential info
  • Must be:
    • Actively protected (NDAs, limited access)
  • No registration system, but breach = legal action under contract/tort law

4. Patents

  • Covers:
    • Inventions, unique processes, hardware
  • Registered with:
    • IP Australia
  • Cost:
    • ~$5,000–15,000+
  • Duration:
    • Up to 20 years
  • Best for:
    • Startups, inventors, SaaS/med-tech/biotech

Australian creators are automatically protected in teh following ways:

  • Your code **potentially with the exception of AI based code
  • Your Canva designs
  • Your blog posts
  • Your video edits
  • Your Notion templates
  • Your course materials

What is not protected:

  • Your brand name (without a trademark)
  • Your business name (must register with ASIC and ideally IP Australia)
  • Your invention (unless patented)
  • Your client contract (unless enforceable clauses included)

Here is the most babsic thing you can do: (and everyone does this): Add copywrite notices to your stuff:

© 2025 [Your Name or Business]. All rights reserved.
No reproduction without written consent.

Affix it to:

  • Websites
  • PDFs
  • Canva templates
  • Course intros
  • GitHub repos (via a LICENSE file)

Use metadata + watermarks:

  • Built into images and videos
  • Visible or hidden—both count
  • Helps prove ownership in a dispute

As a higher level up you could do the following:

  • Timestamp your work
  • Email it to yourself
  • Upload to Google Drive
  • Save GitHub commits
  • Record screen while creating
  • Use Notion/Airtable as an IP log
  • Register your domain and business name with ASIC
  • This will help if someone tries to impersonate you.

The next step is to get formal protection

  • Apply for a trademark at IP Australia
  • For your business name, course name, or logo
  • Protects you from lookalikes
  • Enforceable across Australia
  • Public record of ownership

Create strong contracts

  • Use IP clauses to retain rights
  • State: "The creator retains ownership. Client is granted a usage license only."
  • Use NDAs for new ideas and collabs etc.

Traps lawyers could set for you

The IP trap clause

“All rights in work created under this contract shall belong to the Client in perpetuity, throughout the universe.” - Don’t sign this.

Translation: They own it. Forever. Even in Tasmania.

In response to that you should say:

✅ “Client receives an exclusive licence to use the deliverables for the agreed purpose. Creator retains ownership of underlying IP, methods, frameworks, and portfolio rights.”

Use this in every freelance contract.

Smart people make money from their IP

You can license it if you can get away with it!

Instead of:

One-time payment of $1,000

Try:

✅ Annual license fee of $500

✅ Multiple clients paying $500 each

✅ Tiered usage levels (basic, premium, white-label)

License ideas:

  • Code frameworks
  • Canva templates
  • Course slides
  • Client onboarding systems
  • Automation scripts
  • Email sequences
  • AI prompts

What to do if someone steals your work

Step 1: collect evidence

  • Screenshots, timestamps
  • Where and when it was posted
  • Compare your original with the copy

Step 2: send them a friendly email

Hi [Name],

It appears you're using content I created—[describe].

I ask that it be removed within 48 hours, or a license purchased.
Please confirm.

Thanks,
[Your Name]

A lot of times this will fix the problem immediately.

Step 3: Escalate to cease & desist

If they ignore you:

  • Use a formal template (can get from Arts Law)
  • Cite the Copyright Act 1968 (Cth)
  • Warn of legal action or IP Australia proceedings

Step 4: Report the platform

  • YouTube, Instagram, Facebook, Redbubble, Gumroad all have Australian-compliant copyright forms
  • File and track your case

Some resources to help you out.

Conclusion

Your creations are protected the moment you make them.

You don’t need a laywer on speed dial.

Just act like an owner.

Create it. Protect it. Enforce it. Monetise it.

And just realise - if someone overseas wants to steal your stuff - it’s a real challenge and its surprisingly common.