Elise Explains IPcast

elisesteegstra

Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia. Whether you're building a business or creating new content, Elise helps you understand your rights, avoid risks, and protect the value of your work.

  1. 2 days ago

    Copyright in the Age of AI: How Creators Can Protect Their Images Online with Marcus Schmitt - Ep 36

    Copyright in the Age of AI: How Creators Can Protect Their Images Online with Marcus Schmitt - Ep 36 Every day, more than three billion images are uploaded and shared online. According to today's guest, as many as 80–85% are used without a licence. So how can photographers, designers, content creators and businesses possibly keep track of where their images end up? And what does copyright enforcement look like in a world where AI can create, modify and distribute content in seconds? In this episode of Elise Explains IP, I'm joined by Marcus Schmitt, Founder and CEO of the MEDIA-IDENT Group, the company behind COPYTRACK and BRANDS-IDENT. Marcus shares how AI is transforming copyright enforcement, why so many businesses unknowingly infringe copyright, and what creators can do to better protect their intellectual property. Whether you're a photographer, business owner, marketer or simply someone who creates original content, this episode offers practical insights into one of the fastest-moving areas of intellectual property law. In this episode we discuss: Why image copyright infringement is far more common than most people realise. How AI-powered image monitoring is changing copyright enforcement. Why most copyright infringement isn't malicious—but can still be costly. The biggest mistakes businesses make when using images they find online. Whether watermarking still works in an AI world. How AI-generated images are affecting photographers and stock image creators. How copyright owners can discover where their images are being used online. What businesses should do before using an image on their website or social media. How global copyright enforcement works across more than 200 countries. Why monitoring your intellectual property is just as important as registering it. Key takeaways One of the biggest misconceptions is that if an image appears in a Google search, it's free to use. It isn't. Copyright continues to apply regardless of how easily an image can be found online. Marcus explains that monitoring intellectual property is becoming just as important as obtaining it in the first place. Technology now allows copyright owners to identify unauthorised uses of their work at a scale that simply wasn't possible a decade ago. We also discuss the impact AI is having on photographers and other creators, with AI-generated content rapidly changing the stock image market and creating new challenges around ownership, licensing and enforcement. Perhaps most importantly, Marcus reminds us that protecting intellectual property isn't only about recovering compensation. Sometimes it's about protecting your reputation, preserving the value of your creative work, and maintaining control over how your content is used. Resources MEDIA-IDENT Group https://mediaident.com COPY-IDENT BRANDS-IDENT SOURCE-IDENT   About Marcus Schmitt Marcus Schmitt is the Founder and CEO of the MEDIA-IDENT Group, a Berlin-based legal technology company specialising in AI-powered copyright enforcement, brand protection and digital content provenance. Since founding the business in 2015, Marcus has grown the company organically into a global operation that manages more than 100,000 copyright enforcement matters every month and monitors over 1.5 million image uses across more than 200 countries. Connect with Elise 🌐 Website: https://www.elisesteegstra.com 📅 Book an IP Strategy Call: https://www.elisesteegstra.com 🎙️ Subscribe to Elise Explains IP for practical conversations about intellectual property, business protection and the legal issues that matter to business owners.   Disclaimer: The information discussed in this episode is general information only and is not legal advice. If you need advice about your own circumstances, you should obtain professional legal advice.

  2. 29 July

    The Hidden IP Risks in Using AI for Marketing - Ep 35

    The Hidden IP Risks of Using AI for Marketing - Ep 35 Artificial intelligence has become an everyday marketing tool. Businesses are using AI to write website copy, create social media content, generate logos, design images and even produce videos in a matter of minutes. But while AI makes content creation faster than ever, it also raises important intellectual property questions that many business owners haven't considered. In this episode of Elise Explains IP, Elise explores the hidden IP risks that can arise when using AI for marketing and explains why "the AI created it" doesn't necessarily mean you're free to use or own it. You'll learn why AI-generated content can present challenges around copyright ownership, how AI outputs can unintentionally resemble existing creative works, and why trade mark searches are still essential before launching a new brand or logo. Elise also discusses the risks of uploading confidential business information into AI platforms and why every business should have clear guidelines around how employees use AI. Whether you're using ChatGPT, Claude, Gemini, Microsoft Copilot, Midjourney, Canva AI, Adobe Firefly or another AI platform, understanding these risks can help you avoid costly disputes while making the most of this rapidly evolving technology. In this episode, you'll learn: Why AI-generated content doesn't always attract copyright protection. Why using AI doesn't automatically mean you own the content it creates. How AI-generated material can sometimes resemble existing copyrighted works. The importance of understanding AI platform licence terms. Why AI can't replace proper trade mark clearance searches. The risks of uploading confidential information into AI tools. Why businesses should implement an AI usage policy. Practical steps to reduce intellectual property risks while using AI in marketing. Key takeaway AI is an incredibly powerful marketing assistant, but it isn't a substitute for good intellectual property strategy. The businesses that will benefit most from AI are those that combine its efficiency with sensible legal and commercial risk management. Resources Download Elise's free IP Audit Checklist to identify the intellectual property your business already owns and uncover opportunities to better protect it. Book an IP Strategy Call if you'd like tailored advice about protecting your brand, content, software or other intellectual property while adopting AI in your business. Connect with Elise Website: https://www.elisesteegstra.com LinkedIn: https://www.linkedin.com/in/elisesteegstra/ Podcast: Elise Explains IP If you enjoyed this episode, please subscribe, leave a review, and share it with another business owner who is using AI in their marketing. It helps more people understand how intellectual property can become one of their business's most valuable assets.   Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  3. 22 July

    How India Protects Brands: An IP Conversation with Ahona Chakrabarty - Ep 34

    Trade Marks in India: What Every Global Brand Needs to Know with Ahona Chakrabarty - Ep 34 Expanding your business into India? Your trade mark strategy might need more attention than you think. In this episode of Elise Explains IP, I'm joined by Indian trade mark lawyer Ahona Chakrabarty to explore how intellectual property protection works in one of the world's fastest-growing economies. India has become a major market for international businesses, but many foreign brands still treat it as a secondary filing jurisdiction. As Ahona explains, that delay can create unexpected problems, even for well-known international brands. We discuss why India is a first-to-use jurisdiction, the importance of filing trade marks early, how non-traditional trade marks such as shapes, sounds and even scents are being protected, and what businesses should consider when using AI to develop new brands. Whether you're already doing business in India or planning international expansion, this episode offers practical insights to help you protect your brand before problems arise. In this episode we discuss: Why India should be considered an early trade mark filing jurisdiction How India's first-to-use trade mark system differs from many other countries Common misconceptions businesses have about trade mark registration Why filing a trade mark application does not automatically give you registered rights The importance of conducting clearance searches before launching a new brand How famous international brands can still face objections in India Section 11 objections and why delaying your filing can create unnecessary risk Registering non-traditional trade marks, including shape marks, sound marks and scent marks The growing role of artificial intelligence in branding and trade mark creation Why AI shouldn't replace creativity when developing a distinctive brand Practical advice for businesses looking to protect their intellectual property internationally Key takeaway One of the biggest mistakes businesses make is treating intellectual property as something to deal with after they've launched. Whether you're creating a new brand or expanding overseas, thinking about trade marks early can save significant time, money and frustration later. About Ahona Chakrabarty Ahona Chakrabarty is an Indian trade mark lawyer who specialises in trade mark prosecution, enforcement and brand protection. She advises businesses on protecting their intellectual property in India and has extensive experience navigating one of the world's fastest-growing and most dynamic trade mark systems. Resources If you're considering expanding your business internationally, don't assume your Australian trade mark rights will protect you overseas. Every country has its own laws, filing strategies and commercial considerations. If you'd like advice on protecting your intellectual property in Australia or developing an international filing strategy, we'd love to help. Book an IP Strategy Call through the link in the show notes. If you need assistance protecting your trade mark in India, you can also contact Ahona using the details provided below. KRISHNA & SAURASTRI ASSOCIATES LLP Tel: (+91 22) 2200 6322 Ext 291 Fax: (+91 22) 2200 6326 / 66550607 Mobile: (+91) 7045996758 ahona@krishnaandsaurastri.com www.krishnaandsaurastri.com https://www.linkedin.com/in/ahona-chakrabarty-212146141/  Enjoying the podcast? If you're finding Elise Explains IP helpful, please subscribe, leave a review and share the episode with another business owner or advisor. It helps more people understand how intellectual property can protect the businesses they're building.

  4. 15 July

    Who Owns the Intellectual Property in Your Family Business? - Ep 33

    Who Owns the IP in the Family Business? When people think about succession planning, they usually focus on the obvious assets—property, shares, bank accounts and equipment. But what about the intellectual property? Trade marks, customer databases, software, operating manuals, websites, branding, confidential know-how and business systems can be some of the most valuable assets a family business owns. Yet they're often overlooked until it's too late. Following on from our previous episode discussing the Victorian Supreme Court decision in Re Estate of Vaughan, this episode explores what happens when intellectual property is tied up in a family business, why ownership matters, and how poor planning can create expensive disputes during succession or estate administration. If you're a business owner, founder, or advisor working with family businesses, this episode will help you understand why IP should be a key part of every succession plan. In this episode, you'll learn: Why intellectual property is often one of the most valuable assets in a family business. The difference between creating IP and legally owning it. Why founders don't automatically own all of the business's intellectual property. Common ownership traps involving employees, family members, contractors and marketing agencies. Why company ownership and IP ownership don't always align. The risks executors face when intellectual property forms part of a deceased estate. How unclear IP ownership can fuel family disputes after retirement or death. Five practical steps every family business should take to protect its intellectual property before succession occurs. Key Takeaways Intellectual property doesn't disappear when a business owner retires or passes away. In fact, it often becomes even more important. Without clear ownership records, valuable assets such as trade marks, copyright, domain names, software, confidential information and business systems can become difficult—or impossible—to transfer, licence or protect. Taking the time to identify, document and align ownership of your intellectual property can save significant legal costs, preserve business value and make succession far smoother for the next generation. Free Resource Not sure where to start? Download my free Intellectual Property Audit Checklist from my website. It will help you identify the key IP assets in your business, understand who owns them, and highlight potential gaps before they become costly problems. Download here: https://www.elisesteegstra.com Need Help? If you'd like advice on: Intellectual property ownership Family business succession Trade marks and copyright Business structuring Estate planning for business owners I'd be happy to help. Book a strategy call through my website: https://www.elisesteegstra.com Connect with Elise 🌐 Website: https://www.elisesteegstra.com 💼 LinkedIn: https://www.linkedin.com/in/elisesteegstra/ 🎙️ Subscribe to Elise Explains IP wherever you listen to podcasts so you never miss an episode. #familybusiness #intellectualproperty #businesssuccession #estateplanning #trademarks #copyright #businessowners #smallbusiness #familyenterprise #iplaw #businessprotection #EliseExplainsIP

  5. 8 July

    Guest Interview: Re Estate of Vaughan – When an Executor Accidentally Destroys IP - Ep 32

    What Happens to Your Intellectual Property When You Die? When people think about estate planning, they usually think about Wills, family homes and bank accounts. But what about your intellectual property? If you're a business owner, inventor, creative or entrepreneur, some of your most valuable assets may be your copyright, trade marks, software, confidential information, business systems, designs or patents. These assets don't simply disappear when you die—and if they're overlooked by your executor, the consequences can be significant. In this episode of Elise Explains IP, Elise is joined by commercial and estate planning lawyer Sarah Carey to explore the intersection between intellectual property and estate planning. Using the Victorian Supreme Court decisions in Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 and Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128, they discuss how an executor became personally liable after disposing of documents that contained valuable intellectual property, mistakenly believing that copyright ended when the creator died. It's a fascinating reminder that intellectual property can survive its creator for decades—and that executors have a legal duty to identify, protect and properly administer those rights. In this episode we discuss: Why estate planning is about much more than simply making a Will. The different estate planning documents every business owner should consider. How intellectual property forms part of a deceased estate. The duties and fiduciary obligations of executors and administrators. Why copyright can continue for up to 70 years after the creator's death. The facts and outcome of the Vaughan decisions. Why searching IP Australia won't identify copyright. How an executor became personally liable for more than $400,000. Practical steps business owners can take to protect their intellectual property as part of their succession planning. Choosing the right executor when intellectual property forms part of your estate. Key Takeaways Your intellectual property may become one of the most valuable assets in your estate. Executors have a duty to identify, preserve and appropriately manage intellectual property, just as they would any other estate asset. Never assume that copyright or other intellectual property rights end when their creator dies. Business owners should include intellectual property in their estate and succession planning, and ensure their executors know what assets exist and where to find them. Resources Yarra Lane Group https://yarralanegroup.com.au Connect with Sarah Carey on LinkedIn: https://www.linkedin.com/in/sarah-carey-444b7042/ sarah.c@yarralanegroup.com.au Cases Discussed Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128 If you enjoyed this episode, please subscribe, leave a review, and share it with a business owner, inventor, creative or advisor who could benefit from understanding how intellectual property fits into estate planning. As always, this podcast contains general information only and is not legal advice. If you'd like advice about protecting your intellectual property or incorporating it into your estate planning, you can book a strategy call via my website.

  6. 1 July

    Can Peru Trade Mark PISCO? The Fight Over a National Drink - Ep 31

    Can Peru Trade Mark PISCO? The Global Fight Over a National Drink - Ep 31 Can a country own the name of a product? In this episode of Elise Explains IP, Elise explores the fascinating Federal Court decision in Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791, a case that sits at the intersection of trade marks, geographical indications, branding, and national identity. The dispute centred on Peru's attempt to register PISCO as a certification trade mark in Australia. While Peru argued that Pisco is a uniquely Peruvian spirit produced according to strict regional and production standards, the Australian Trade Marks Office initially refused the application, finding that Australian consumers may understand pisco to refer more generally to a spirit produced in both Peru and Chile. The Federal Court ultimately disagreed. This episode examines how the Court approached the question of consumer perception, the role of certification trade marks, and why the commercial value of a product's origin can become a powerful form of intellectual property. In This Episode What a certification trade mark is and how it differs from an ordinary trade mark The history of Pisco and why both Peru and Chile claim rights to the name Why geographical origin can become valuable intellectual property How consumer perception influences trade mark registration The evidence that persuaded the Court to overturn the Registrar's decision The relationship between certification marks and geographical indications What this decision means for producers, industry groups, and brand owners Key Takeaways Certification marks protect standards, not ownership Unlike ordinary trade marks, certification marks indicate that goods meet particular standards relating to quality, production methods, ingredients, or geographic origin. Reputation can become intellectual property Consumers often associate products with particular places, traditions, and production methods. That reputation can become commercially valuable and legally protectable. Consumer understanding matters Trade mark disputes are often decided by how consumers understand a word, name, or brand in the marketplace—not simply by historical arguments or dictionary definitions. Geographic branding can be a major business asset Whether you're producing wine, food products, agricultural goods, or specialty products, the reputation attached to where something comes from may be one of your most valuable assets. Cases Discussed Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791 Connect with Elise If you need assistance with trade marks, branding, certification marks, licensing, or intellectual property strategy, visit: 🌐 https://www.elisesteegstra.com   Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  7. 24 June

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal - Ep 30

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal In this special international episode of Elise Explains IP, Elise sits down with Mexican intellectual property lawyer Armando Contreras Vaal, founder of Guru.Legal, to discuss the realities of trade mark protection in Mexico, some unforgettable client stories, and the challenges businesses face when expanding into new markets. From representing internet celebrities and world-famous athletes to navigating trade mark squatting and geographical indications, this episode offers a fascinating insight into the Mexican IP landscape. In This Episode How Armando Found His Way into IP Like many IP lawyers, Armando didn't set out to specialise in intellectual property. What started as a university job opportunity has turned into a career spanning almost two decades and the creation of his own boutique IP practice, Guru.Legal. The Grumpy Cat Trade Mark Story One of Armando's most memorable matters involved representing the famous Grumpy Cat brand in Mexico. The Mexican Trade Mark Office initially raised concerns because of Disney's character Grumpy from Snow White. Armando successfully argued that consumers were unlikely to confuse a globally recognised internet cat with one of Disney's seven dwarfs, supported by evidence of Grumpy Cat's enormous popularity in Mexico. Protecting Trade Marks Before It's Too Late Armando discusses a common problem faced by entrepreneurs worldwide: Investing in branding before conducting trade mark searches Building websites and marketing materials before checking availability Discovering a trade mark conflict only after significant investment The discussion highlights why clearance searches should be one of the first steps in building a new brand. Unusual Trade Marks: Smells and Sounds The conversation explores non-traditional trade marks, including: Smell marks such as the distinctive scent associated with Play-Doh Sound marks registered in Mexico The challenges of proving distinctiveness for non-conventional branding assets It's a reminder that trade marks can extend far beyond words and logos. Mike Tyson and Trade Mark Rights Armando also shares a story about representing Mike Tyson in Mexico, overcoming objections based on an earlier registration for wrestler Tyson Kidd. The case demonstrates how reputation and context can play an important role in trade mark examination and enforcement. Tequila, Mezcal and Geographical Indications No discussion about Mexican IP would be complete without mentioning tequila. Armando explains how Mexico protects products through designations of origin and discusses the regulatory framework surrounding tequila and mezcal production and international use. Trade Mark Squatting in Mexico The episode concludes with practical advice for businesses entering Mexico, including: Conducting searches before launching Keeping evidence of use Understanding prior use rights Acting quickly when expanding internationally Avoiding trade mark squatting risks These lessons apply not only in Mexico but in many jurisdictions around the world. Key Takeaways Trade mark searches should happen before brand launch. International expansion creates unique trade mark risks. Non-traditional trade marks can include sounds, smells and other distinctive features. Evidence of use can be critical when enforcing rights. Trade mark squatting remains a significant issue in many countries. Local advice is invaluable when entering a new market. Connect with Armando Contreras Vaal Guru.Legal 🌐 https://guru.legal Email ✉️ https://www.elisesteegstra.com Disclaimer: This podcast is intended to provide general information only and does not constitute legal advice. Always obtain professional advice tailored to your circumstances before acting on any legal issue.

  8. 17 June

    Blurred Lines: Inspiration vs. Infringement Unpacked - Ep 29

    Case Study: Blurred Lines — Inspiration vs Infringement Episode Summary Can you copyright a vibe? It's one of the most debated questions in intellectual property law, and it sits at the heart of the famous Blurred Lines copyright dispute between the creators of the 2013 hit song and the estate of Marvin Gaye. In this episode of Elise Explains IP, Elise explores the landmark case that sparked global debate about where inspiration ends and infringement begins. The case raised difficult questions about creativity, influence, originality, and whether copyright law should protect a particular style or feel. While the dispute arose in the music industry, the lessons apply far beyond songwriting. Business owners, designers, marketers, content creators, and brand builders all face similar challenges when drawing inspiration from successful competitors and industry leaders. Elise breaks down what happened in the case, why the decision remains controversial, how Australian copyright law approaches similar issues, and what creators can do to reduce legal risk while still producing original work. In This Episode The story behind the Blurred Lines copyright dispute Why Marvin Gaye's estate took legal action The difference between inspiration and infringement What copyright law does and doesn't protect Whether a "style" or "feel" can be protected Why the verdict divided musicians and copyright lawyers How Australian copyright law would approach similar issues Practical lessons for creators, businesses and brands How to draw inspiration without crossing legal boundaries Key Takeaways Copyright Protects Expression, Not Ideas Copyright generally protects the specific way an idea is expressed, rather than broad concepts, genres, styles or creative influences. Inspiration Is Not the Problem Every creator is influenced by existing work. The challenge is ensuring that inspiration becomes something new rather than a reproduction of someone else's protected material. Similarity Alone Is Not Enough The legal question is usually whether protected elements have been copied, not simply whether two works feel alike. Businesses Face Similar Risks The same principles apply when creating websites, branding, advertising campaigns, social media content, software, and marketing materials. Originality Creates Value The strongest intellectual property is often created when businesses build on inspiration while adding their own distinctive contribution. Featured Case Williams v Gaye (commonly referred to as the Blurred Lines case) The dispute concerned allegations that the song Blurred Lines infringed copyright in Marvin Gaye's 1977 song Got to Give It Up. The case became one of the most significant and controversial copyright decisions in modern music history. Further Reading Williams v Gaye (The Blurred Lines Case) The case is formally known as: Williams v Gaye, 895 F.3d 1106 (9th Cir. 2018) A useful summary of the appellate decision can be found through Stanford University's Copyright and Fair Use Center: 🔗 https://fairuse.stanford.edu/case/williams-v-gaye/ The full Ninth Circuit judgment is available via Justia: 🔗 https://law.justia.com/cases/federal/appellate-courts/ca9/15-56880/15-56880-2018-03-21.html The decision upheld the jury's finding that Blurred Lines infringed Marvin Gaye's Got To Give It Up, while also generating significant debate about whether the ruling risked extending copyright protection too far into musical style and influence. Further Listening Episode 7: Aldi, Trade Dress and the Fine Line Between Inspiration and Copying If you enjoyed this discussion about where inspiration becomes infringement, you may also enjoy Episode 7, where I explore Aldi's history of product packaging disputes and the concept of trade dress. While Blurred Lines focuses on copyright in creative works, the Aldi cases raise similar questions in branding and consumer products: When does inspiration become imitation? How close is too close? What does the law actually protect? How do courts distinguish between competition and copying? 🎧 Listen to Episode 7: Aldi, Trade Dress and Copying Resources To learn more about protecting the intellectual property in your business: 🌐 Elise Steegstra https://www.elisesteegstra.com Book a strategy call to discuss: Copyright protection Trade marks and branding Intellectual property ownership Business structures and asset protection Commercial agreements and licensing Connect If you enjoyed this episode, please: Follow Elise Explains IP Leave a review on your favourite podcast platform Share the episode with a business owner, creative or entrepreneur Connect with Elise on LinkedIn Because the best time to protect your intellectual property is before a dispute arises.

About

Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia. Whether you're building a business or creating new content, Elise helps you understand your rights, avoid risks, and protect the value of your work.