When operating in the creative industries there are many different ways that you can legally structure your business or activities to most efficiently provide for your particular tax or general legal situation.  Being well informed of the different options so that you can make the best choice going forward is vital.  To assist with this, in this Fact Sheet the specific questions we address are:

•    What is a business structure?
•    Why do I need to worry about business structures?
•    What are the different ways I can structure my business?
•    What is a sole trader?
•    If I’m a sole trader do I have to use my own name for the business?
•    If I’m working for someone else am I still a sole trader?
•    Why is it important to establish whether I’m an employee or a sole trader?
•    What are the advantages and disadvantages of being a sole trader?
•    How much administration is required in being a sole trader?
•    What is a partnership?
•    Do we have to agree to form a partnership?
•    How does the Partnership Act affect us?
•    Do we need a written Partnership Agreement?
•    What are the advantages and disadvantages of a partnership structure?
•    How much administration is required in a partnership structure?
•    What is a limited liability company?
•    How is a company different to other structures?
•    How do we agree how our company is to be run?
•    What is a Shareholders Agreement?
•    If we are a band is there anything we should specifically include in our Shareholders Agreement?
•    How much administration is required in a company structure?
•    What are the advantages and disadvantages of a company structure?
•    What is a “non-profit” organisation?
•    Why adopt a non-profit legal structure?
•    Are there different types of non-profit organisations?
•    What is a Charitable Trust?
•    What makes a trust a “Charitable Trust”?
•    What is the benefit of having “Charitable” status?
•    Can only trusts have charitable status?
•    How do I go about arranging for charitable status?
•    How relevant is a non-profit type structure to my business?

Trade marks are a type of intellectual property just like copyright is a type of intellectual property.  However trade marks exclusively protect brands and logos and other related aspects of a company’s or person’s products or image.  Trade marks can also play a key role in helping to maintain the value you create in your business or creative endeavours.  In order to try and demystify how trade marks work in practice the specific questions we address in this Fact Sheet are:

•    What is a trade mark?
•    What is an example of a well known trade mark?
•    What is goodwill?
•    How are trade marks protected?
•    When are my rights in a registered trade mark breached?
•    Why should I register a trade mark?
•    Must I register a trade mark?
•    What does the ® symbol and the ™ symbol mean?
•    What is the first step in registering a trade mark?
•    How do I apply to register a trade mark?
•    What are ‘classes’?
•    How much does a trade mark application cost?
•    Are all trade marks registerable?
•    What happens after my application is filed?
•    How long does registration last?
•    Is registration in New Zealand also effective overseas?
•    When do I get rights in a trade mark which I have registered in another country?

There are limits at law in respect of what one person can say about another where any such statements are intended to unfairly attack the reputation of that person.  The legal term given to this defamation.  In order to try explain how defamation works in practice the specific questions we address in this Fact Sheet are:

•    What is defamation?
•    When does defamation occur?
•    What is a defamatory statement?
•    When does defamation occur?
•    What are the defences to defamation available?
•    What is the defence of ‘Truth’?
•    What is the defence of ‘Honest Opinion’?
•    What is the defence of ‘Privilege’?
•    What happens if the court finds that defamation has occurred?
•    How can I avoid the risk of having action taken against me for defamation?

The specific questions we address are:

• What is a contract?
• How is a contract formed?
• What is “Offer and Acceptance”?
• Why is “Intention to create legal relations” important?
• How does uncertainty arise in the context of a contract?
• What is consideration?
• What happens if there is no consideration?
• Should the contract contain all the terms agreed on?
• Do I have to have read a contract to be bound by it?
• How important is it to define correctly who the actual parties to the contract are?
• Are there any situations where I need a written contract?
• Are there any other benefits to having a written contract?
• When should I insist on a written contract?
• Are there any situations in which a contract will not be found to be binding?
• How is a contract breached?
• What happens when a contract is breached?
• What kind of damages can be claimed for a breach of contract?
• Is there any limit to the damages I can potentially recover?
• What is the Disputes Tribunal?
• Are there any limits to what disputes the Disputes Tribunal can hear?
• What is Specific Performance?
• What is an Injunction?

Fact sheet: Contracting Basics (2267)