Issue 53 by Designtimes

DESIGNTIMES south africa’s creative resource

www.designtimes.co.za

/08 LOERIES

Stephen Doyle

Stephen Doyle is a Creative Director at Doyle Partners. He has been selected as a judge and Jury Chairman for Communication Design at this years Loerie Awards.

/08 DESIGN

2014 Issue No.53 ZAR 20 EUR €2, UK £2, US $2

Johannes torpe

/12

Danish designer Johannes Torpe is an accomplished architect and designer of spaces.

DESIGN

JAMES DYSOn

James Dyson revolutionised the vacuum industry when he launced his fisrt vacuum in 2001. He now employs 750 engineers and has a turn over of over £1 billion a year.

WOMEN IN ADVERTISING

T E N

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C O L L E C T I O N

season 2

Cover courtesy of Havas Worldwide Southern Africa illustration by Yolandi de Beer

A whole host of creatives – from architects and artists, to authors and advertising experts – converge on Cape Town from across Africa and the world each September. What brings them? A series of festivals, events and awards ceremonies - Loeries® Creative Week™ Cape Town.

ANIMATION

FILM

SOUND

Breathe Sunshine

AFRICAN MUSIC CONFERENCE CAPE TOWN

NEWS

Welcome to Issue 53 of Designtimes packed full of creative inspiration. This issue introduces you to some women making a name for themselves in South Africa’s advertising industry. We would have loved to include more but there just wasn’t enough space on the cover. With the Loeries almost upon us we caught an interview with creative mastermind Stephen Doyle who is the Design Jury Chairman of Communication Design at this years Loerie Awards. We also bring you the amazing 3D typography of UK designer Christopher Labbrooy he also shares some insights into 3D rendering and digital illustration. You can also read all about the humble beginnings of James Dyson and his road to success. His company currently employs 750 engineers and has a yearly turnover of £1 billion. You will find the article ‘Questions on copyright protection for creative agencies’ most enlightening, information creatives often forget. We end off with some architectual design specifically the work of Danish designer Johannes Torpe and his beautifully designed spaces. We hope you enjoy the issue and are inspired to create beautiful design. Mark Rosenberg

Fujifilm X30

Fujifilm recently announced the launch of the new Fujifilm X30 premium compact digital camera with a rather retro design which is reminiscent of much older models. Now in its third generation, the X30 replaces the Fujifilm X20 and features an innovative viewfinder along with new functions and improvements that make it a joy to use. The X30 features the newlydeveloped Real Time Viewfinder – which is the largest, fastest and highest resolving viewfinder in its class – a large 2/3-inch X-Trans™ CMOS II sensor (12 megapixel with no optical low pass filter), EXR Processor II image

processing engine and a new ‘Classic Chrome’ film simulation mode. Further additions include a new control ring along with extra dials and function buttons for more control and a tilting 3.0-inch 920K-dot premium clear LCD monitor. Battery performance has also been improved, with the X30 capable of shooting approximately 470 photos on one charge thanks to a capacity approximately 1.8 times greater than that of previous models and a new, energy-saving design. Two color options will be available, black or silver. www.fujifilm.com

Apple Watch

iPhone 6

iPhone 6 is finally here and not just one but two new models, iPhone 6 and iPhone 6 Plus featuring 4.7-inch and 5.5-inch Retina HD displays. Both models include iOS 8, the latest version of Apples mobile operating system, featuring a simpler, faster and more intuitive user experience.It also includes Apple Pay which promises to transform mobile payments.

Art trophy

Editorial Mark Rosenberg mark@designtimes.co.za Roxy Rosenberg roxy@designtimes.co.za Steven Rosenberg steve@designtimes.co.za Zachariah King zac@designtimes.co.za Kerrythe Mahaffey kerrythe@designtimes.co.za

Contributors editors illustration by Run Rabbit Run

Cover Yolandi de Beer landiloodesigns.co.za Havas Worldwide havasworldwide.co.za

Advertising Wendy Scullard, Roxy Rosenberg

Publisher Digital Media Publishers (PTY) LTD a division of Future Media Group Palms Centre, Sir Lowry Road, Woodstock, Cape Town, 8001. Tel 021 461 8790

Printer CTP Printers ctpprinters.co.za

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Apple Watch introduces a specially designed and engineered Digital Crown that provides an innovative way to scroll, zoom and navigate. The Digital Crown is Apple’s most revolutionary navigation tool since the iPod Click Wheel and iPhone Multi-Touch. Apple Watch will enable you to communicate in new ways right from your wrist by sending and receiving messages, answering calls to your iPhone, and with Digital Touch, sending something as personal as your own heartbeat.

Drawing machine Galaxy Alpha

Samsung unveiled its new design approach with the Galaxy Alpha one month ahead of Apple’s release of the iPhone 6. The Galaxy Alpha features a sophisticated design in a carefully constructed compact body with a metal frame and a solid finish, while still maintaining the flagship Galaxy experience. Elegant and practical, the Galaxy Alpha is the convergence of style and cutting-edge technology. “The Galaxy Alpha was built and designed based on the specific desires of the consumer market,” said JK Shin, CEO and Head of IT & Mobile Communication at Samsung Electronics. “With an entirely new appearance, the Galaxy Alpha focuses on both beauty and functionality combining a stunning metal frame and slim, light weight design with the same powerful hardware and features users expect from a flagship Galaxy mobile device.” www.samsung.com

this wind-up toy by British design brand All Lovely Stuff creates abstract art when let loose on a sheet of paper. Inspired by the cotton-reel tanks they played with as children, All Lovely Stuff designers Ed Ward and Carl Clerkin adapted the mechanical toy to hold a felt tip pen. To propel the machine, simply wind the cotton reel while holding the wax cylinder, then place

it down and let go. The height and position of the pen can be adjusted to make bigger or smaller circles, or straight lines. The machine comes in a self-assembly kit containing an oak cotton reel, a clothes peg, a felt tip pen, a rubber band, a dowel and a piece of wax, and is available online from All Lovely Stuff. www.alllovelystuff.com

Adobe CC Adobe has announced 14 new versions of CC desktop applications, including tools such as Adobe Photoshop, Adobe Illustrator, Adobe Dreamweaver and Adobe Premiere Pro. The biggest Adobe software release since CS6, which includes four new mobile apps, updates to Creative Cloud services and new offerings for enterprise, education and photography customers. There are now over 2.3 million Creative Cloud subscriptions. “Our shift to Creative Cloud has given us a broad canvas on which to innovate like never before,” said David Wadhwani, senior vice president, Digital Media, Adobe. “We’ve taken bold steps with this milestone release, fast-tracking new features to industry-defining tools.”

The 2014 Lovell Tranyr Art Trophy is open and receiving entries. The extended deadline is 31st August 2014. Due to the expansion of the Lovell Gallery annual artist competition across Africa, with logistics sponsorship from Tranyr, moving it from a South African to a Pan-African competition, we have decided to extend the entry phase to give all artists additional time to participate. Winners will be announced in the press and on the gallery website by the 9th September 2014. The finalists’ exhibition will run for the month of November 2014. www.lovellgallery.co.za

Jewellex Coin design

A Tube train will appear on the back of Britain’s £2 coins next year, designed by British studio BarberOsgerby for the Royal Mint to celebrate the 150th anniversary of London Underground. The coin by Edward Barber and Jay Osgerby depicts a Tube train emerging from a tunnel and has a patterned edge inspired by the dotted lines on the Tube map.

The Jewellex Showstopper was announced at the The De Beers Jewellex Event. One locally designed piece was named the Showstopper of Jewellex Africa 2014. “Every year we have stunning and unique designs being showcased at Jewellex. This year, we wanted to recognise the work that goes into the design and manufacture of these pieces, by naming one piece the Showstopper of Jewellex 2014. The winner was Sandra Ndlovu of Sivana Diamonds, for her stunning Cornus Flower Ring.” - Innocent Mabusela, Head of Government Relations at De Beers.

Loeries Adams & Adams

Student Portfolio Day Check out the awesome work of South Africa’s top creative talent. 20 September, 09h00 – 14h00, City Hall, Darling Street, Cape Town.

ILLUSTRATION

Christopher Labrooy

Christopher Labbrooy grew up in the UK and was mad about drawing ever since he can remember. As a kid his drawing revolved much around his fascination with cars. He even failed French class because he would spend entire lessons drawing cars at the request of his classmates. In school as a teenager he was soon attracted to design and loved making things in the wood and metal workshops. After graduating Christopher went to art school and experienced a broad range of art and design disciplines from textiles, print making, painting, sculpture and more before settling for design and craft. Product design study at the RCA in London was his last education stop before begining what has turned out to be a very successful career. Where are you currently based? I live in Aberdeen which is in the northeast of Scotland. What got you interested in 3D graphics and typography, is it something you were doing from a young age? Its not something I was doing at all at a young age or even at art school for that matter. I got interested in the 3D side when I started using CAD to create vital product ideas as part of the design process. The stuff you could do with the tools were amazing and I thought that it would be interesting to use them in a creative way so I started concentrating on image making. Are you self-taught in 3D design? I am self-taught on the 3D and rendering side, the technical stuff. Creativity is unique to every individual and your process

is both learned from others but also through personal experimentation. What was your first project you did as a freelance 3D graphic artist? I did a lot of architecture and engineering type 3D work in the beginning to make a buck and it was fun. I think my first piece of type commissioned was for .NET magazine and the issue on UX design. That was way back in 2009. Can you talk us through the process of working on a 3D illustration or typography piece. Do you start with a pencil and paper or on the computer first? Its hard to explain. I start on paper sometimes or I will explore a technique on the computer. Sometimes a project can start by developing a new technique with a new plugin for example. What programmes do you use? I use Cinema 4d with Vray render engine. Photoshop, illustrator and Zbrush. You work on some really big brands. What’s it like to work with these big brands and how did they come about? Its fun, but hard work when working with big clients and they can vary in their approach. I think they came about from just putting out as much good work as possible online. I am a firm believer that hard work pays off. What projects stand out for you and why? Land of the free I love because it looks great and the idea just came to me and I went and made it. It was effortless in a way. It also led me into the transport for london ‘New Fares’ job which I also love. Are you currently working on any selfinitiated projects you can tell us about? I just did a cheeseburger inspired project. I just wanted to make something that was dumb, vibrant and glossy. Are there any other designers out there you look up to or respect? I like Ettore Sottsass, Frank Ghery, Bourolec brothers. When I was younger I would follow designers and research everything they ever did. Things are different now and its more about a particular project or image that attracts me. Its like downloading music, I just buy the tracks and never buy the album. www.chrislabrooy.com

LOERIES

STEPHEN DOYLE OF Doyle Partners

tephen Doyle moved from Baltimore, to New York when he was 17 to attend The Cooper Union. Once there, he kept getting thrown out of painting classes, “for insubordination, I guess, but how can painting be insubordinate?” he comments. Left with few options, he started signing up for design classes, where his teachers, like Milton Glaser, Seymour Chwast and Herb Lubalin seemed to embrace the questioning and humour evident in his work. In design, Stephen found freedom and camaraderie, and eventually a career that was about collaboration rather than solitude. Working under Milton Glaser at Esquire Magazine,

model, making a stop-time animation, fine-tuning a website, working on a book of daguerrotypes, creating a poster for an off-Broadway play, and even conducting an interview with a reporter from Cape Town. Our projects defy logic, our days are fun. We’re very pleased that you’ll be judging at the Loerie Awards this year, what are you going to be looking out for? I guess people have loved competitons from the very first Olympics. Why? Because I think it is so inspiring to see potential realized, to witness, in this case, the power of creativity to engage an audience, to tell a story, or simply to dazzle us. I can’t wait to see what the African world has been up to in Loeries-Land. Judging is interesting for two reasons. The first is to observe what is trending – which is to say, mediocre. Stylistic trends that are commonplace, fonts that are overused asert themselves as mediocre… that’s the definition of the word. But every once in a while, you discover work that is head and shoulders above the rest, the work that goes into the “I wish I had thought of that” pile. I’m coming for the goosebumps. What value do you think that Awards like the Loeries have in the creative industry? Who can’t use a dose of inspiration? The Loeries Awards challenge each of us to aspire higher, strive harder, and never to settle. In addition, it acknowledges the creatives who set the bar for the rest of us. You’ve been involved in some pretty exciting projects – what has been your personal favourite and why? There is one piece that I have created which is emblematic, I think, of my entire career. It summarises my thought process, and it is the perfect embodiment of the context to which I aspire. It is an illustration, a construction that I made for the Op-Ed page of the New York Times, enlightening a controversial opinion piece by Stanley Fish shortly after 9/11. In it, he asks if there are two ways of looking at the truth. Those who we assailed as “terrorists” were being hailed as “martyrs” at home. I went to the bandsaw in the back room, and formed the word TRUTH, out of wood, but it was folded, diagonally, so the words starts upright, and slides until the final T is suppine. Exciting? Maybe more “earnest” and hopefully “smart.” But being able to use design to be part of the intellectual dialog witnessed by over 300 million people in the world, well, maybe that’s “exciting” after all! What would you say has been the defining moment in your career? Can I brag here? Would it be alright to name-drop Michele Obama, (“WOW! Double Rainbow!”) and the luncheon at the White House when I was awarded the Smithsonian’s National Design Award for Communication? The lunch where food was served from the White House Vegetable Patch (first use of the word “patch” with a capital P, mind you!)? The one where she congratulated me for innovation and my contribution to American culture? The award that was perfectly timed to the 25th anniversary of my studio? Nah, that would probably be kinda rude to mention here. Never mind. We’d love to explore your mind space, but until the NSA releases that particular piece of technology to the public, what can you tell us about your creative process?

I can’t wait to see what the African world has been up to in Loeries-Land and then later designing at Rolling Stone, he fell in love with using design to enhance storytelling. Next, as art director at M&Co. under the notorious Tibor Kalman, Stephen was able to express his creativity in other media and contexts, but the storytelling passion had taken hold. At his small studio of ten, Doyle Partners, he has been able to venture into many categories of design, from publishing and branding to packaging, environmental graphics and motion. We were fortunate to catch up with Stephen to shoot the breeze. Stephen Doyle! Wow... But wait – I was thinking, “South Africa! Wow!” Maybe we should settle on “DoubleRainbow!” Just wow... we’d do the whole “we’re not worthy” Wayne’s World tribute – but it wouldn’t translate to print very well. Alas, except for my wedding band, I don’t even have a ring to kiss. Tell us a little bit about your passion and what you’ve been doing recently? I am enthralled by the power of handmade objects, and we bring a humanist and sometimes witty sensibility to our projects, thinking not of connecting with some mass “audience,” but rather connecting with one person at a time. After years of “solving problems” I have made a concerted effort to create some problems of my own, and have been creating sculptures I call “Hypertexts.” These are made of books that are carefully cut up and reassembled, and, as the edges of life and work inevitably blur, I have been asked to create constructions for the New Yorker, Vanity Fair, the New York Times, Wired and other publications. This allows me to work on enormous long-term projects in parks and public places while at the studio, and to moonlight with quick and gratifying projects, to keep the creative fires stoked. Our studio is not a neat and tidy design-atorium, but rather, it’s a laboratory, a place where in a single day we might be carving type into plaster, building an architectural

Sometimes it happens in my head while a client is describing the challenge, and I’ve had to learn to keep quiet just in order to justify our fee. (Who wants to pay a whopping fee for 10 minutes worth of thought?) Other times, I let my hands lead the way, and try to let reason slip into a mild coma. Usually I don’t look at other design work for inspiration, but rather draw from the world of art and architecture, and search for ideas and material use that have a sense of wonder, an aha! factor, you know – “wow!” I keep extensive scrapbooks, both analog and digital, where I save scraps, labels, clippings from the newspaper, tears from art magazines, snapshots from traveling. Those are all nutrition for my invention and innovation, where, with a little leap of alchemic faith, I can find unusual paths toward surprising solutions. All my “new” ideas are usually reincarnations of others ideas, with a personal twist or interpretation. I’m an adamant believer in recycling. How do you manage obstreperous clients? When I turned 50 a friend welcomed me to the decade she referred to as the “#$@%-You-Fifities.” You know what? It’s SO true! If I get an obstreporous client, I fire their sorry ass! Quite often client expectation and creative delivery are diametrically opposed. How do you counter-brief clients and make sure they know what they are paying for and what they will get? When we started Doyle Partners, we selected a name that was purposefully ambiguous. Some people thought we were a law firm, but it allowd us to masquerade as product designers, interior designers, architects, consultants – whatever. Vague, yes, but easy to spell, and easy enough to google if they remember my name. But honestly, part of the rationale was that we sought clients with whom we could “partner” to create great things together. Our apporach with our clients is very collaborative and inclusive. We are lucky to not have encountered any diametric opposition, or at least, not for long. We’ve heard you’re a pretty decent chef – what are you making us for dinner? One thing that is true about graphic designers worth their salt (get it? Salt?) is that they’re often Scorpios, and even more frequently, good cooks! I think that it’s because the process of designing and cooking rhyme. To cook, there’s the planning and the shopping (research and understanding what everyone else is doing) and then the prep, paring, cutting, chopping (hands-on design, sketching experimenting… paring down approaches). Then you add heat (experimenting, putting different options into prototypical applications. Then you adjust the flavor with seasoning (“Let’s close up the space between that A and the Y. Perhaps that blue is a little too vibrant, let’s add a touch of Magenta.”) Then comes the best part. You serve it to your guests… all 300 million of them. It’s the end of Summer here in New York, and yesterday I made my first Tarte Tatin of the season. Carmelizing Macintosh apples (we’re a Mac family!) in butter and sugar, with a flaky, short crust with a touch of salt…even the aroma seemed to signal a new season. And that’s what we’re after with our design, to seduce any given audience with the promise of a scent of something tactile and delicious. Wow. Steven Rosenberg

WOMEN IN ADVERTISING

Steph van Niekerk

Bibi Lötter

Terri Brown

Conceptual Creative Director, Quirk

Group Creative Director, Y&R

Creative Strategist, Actuate

Steph started out studying a Business Science degree at UCT. Her decision to go into advertising instead was a sheer act of rebellion. In those days you were either clever at maths and science, or creative – never both. So she enrolled at Red &Yellow and studied copywriting as an experiment. Fifteen years later, the experiment continues. What project signaled your arrival on the big stage? I think we’re only ever as good as our last campaign, but Topsy ‘Selinah’ is definitely the highlight of my career so far. It won SA’s first gold pencil at One Show and a film gold at Cannes. The experience of meeting Selinah in the advanced stages of Aids and watching her come back to life is something that will stay with me forever. We set out to help her, but she ended up helping us. Everyone, from the crew to the editor, was changed by the experience. How competitive is the industry? Is it easy to go from being on top the one day to rock bottom the next? The reality is that you can go from being on top of the world to rock bottom a couple of times in a single day. That’s the nature of our game. There is no greater high than cracking something you believe in. There’s no greater low than watching it die a slow and painful death. The industry is in flux, clients are running scared, budgets are getting smaller and it’s harder than ever to make great work happen. But as a mentor of mine always says, “There will be days when you feel invincible and days when you feel like dying. Either way, walk through it. Keep showing up. Show up at the page. Show up at the meeting. Show up for your art director or your writer. Show up for your client.” Please provide what you believe are the most difficult challenges for your role within the creative industry? The biggest challenge right now is getting clients to understand that ‘digital’ does not equal ‘cheap.’ How is the move towards digital impacting on your role? I made the decision to move from an above-the-line agency to a digital agency because I wanted to jump into the deep end of the movement. It’s been a steep learning curve, but technology hasn’t changed our roles - it’s still about the idea. It will always be about the idea. Work without an idea is meaningless wallpaper. I think that’s even more true online. Technology has helped people to avoid or ignore advertising to an extent. How do you cut through the clutter? Start with a great idea. I heard someone say the other day that we’ve found all these new ways to talk to people but we’ve forgotten what to say. People are craving authenticity, meaningful interactions and conversation. Make them feel something. Make stuff that matters – and sometimes silliness matters a lot. Are there challenges associated with being a woman within this industry, or is the industry welcoming of female talent? Some of the most talented, smartest, inspiring and disciplined people I’ve ever worked with have been women. You need a pretty thick skin to be in this game, but actually our industry needs more of the empathy, integrity and heart that women generally bring to the table. What can be done for the Loeries to create a greater buzz with the general public? The obvious answer would be to involve them in it. People care more about the things they’re involved in. Perhaps the Loeries could include a people’s choice award and a platform for them to vote for their favourite ads? Is there something most people don’t know about you? I’ve been keeping a continuous gratitude list for the last 4 years. I’ve logged over 3500 items. It helps to keep things in perspective.

Bibi and her siblings grew up on a film set, which served as a springboard for all of their creative careers. Initially, she studied graphic design but in her second year she switched to art direction where she barely scraped through. However, somewhere in that December break the penny dropped. Perhaps it was too much sleep, allowing her to excel in my third year, which resulted in being awarded “the top student of the year” trophy. Which she dropped. In front of a crowded auditorium. That seems to have set the tone for the next 17 years. She started her career at TBWA\Hunt Lascaris as an assistant art director. Over the next 11 years she worked her way up to a senior art director, learning from some of the greatest creative minds in the world across a range of diverse brands. In 2009, she moved to Lowe and Partners, New York, acting as creative director for Unilever. She then made the jump to Y&R New York, before transferring back to the Johannesburg office in 2012. What project signaled your arrival on the big stage? Honestly, I don’t think I have arrived on the big stage. But the first project that felt quite grown-up and proper was the relaunch of Purity baby foods in 2002. That was my first through-the-line campaign, developed with Jenny Glover. Which one of your projects or campaigns are you most proud of and why? Most recently, I would say, our work on Land Rover - a brand that I am rather passionate about. Every day we get to inspire people to live an enriched life with the ultimate go-anywhere vehicle, as well as CSR initiatives that span from humanitarian to conservation. From our Freelander billboards that were placed on highways that demonstrated the exact kilometres as the crow flies to an interesting location worth discovering, to our latest idea, the ‘The Land Rover Eye Test’, it is work I am proud to put my name on. How important are awards to building brand awareness for your industry? Like any industry, awards are important because it creates a competitive environment to do things better, more sustainably and hopefully improve communities. If we look at what advertising ideas the general public share on social platforms, they’re mostly interesting and sometimes even entertaining. They range from emotive stories to something quite funny, or deliver innovative ideas that become game changers. These are the exact same criteria for advertising award juries. Often, these ideas inspire people to look at challenges within their industries or community and help resolve them. How competitive is the industry? Is it easy to go from being on top the one day to rock bottom the next? In advertising, you’re only as good as your next ad. So yes, the industry is quite competitive. I think to fall out of favour, you would need to do something rather epic. Epically stupid. Please provide, what you believe are the most difficult challenges for your role within the creative industry? Striking a good work-life balance. Advertising has always been an always-on industry, but even more so since technology has become so accessible. How is the move towards digital impacting on your role? Digital is just another platform. The beauty about digital is that it not only provides real-time feedback from consumers, but that we can serve up real stories that aren’t constrained by a time limit. Is there something most people don’t know about you? I’m actually a real softie. Please don’t print this; otherwise my teams will never deliver work again. Oops! We printed it...

Terri credits a failed attempt at cracking it in fashion design with nudging her in the direction of advertising. “I’d enrolled to study fashion design at Wits and, as it turned out, wasn’t cut out for all that sewing, which left me at a loose end. Marketing had a nice (vague) ring to it and conjured images of glamorous launch functions so I enrolled to study communications, which led to a career in advertising – and a sad lack of glamorous launch functions.” What project signaled your arrival on the big stage? I don’t think it was any single project but rather a progression of projects that grew in scale and impact over many years. That said I loved working on the Cell C relaunch – it was the first time I’d ever been given so much creative carte blanche, the budget to support it and the opportunity to work with such a diverse and talented team. Which one of your projects or campaigns are you most proud of and why? There isn’t one but I do have a top three. Cadbury’s G.U.M. Launch, the WesBank rolling ball machine and Cell C. They’re all close to my heart for different reasons but what they have in common is that each of them had impact of the intended audience, they were all creatively new and with each of them we had good collaborative chemistry as a team (client, agency and suppliers). How do you maintain loyalty from clients? Do good work. Keep your word, Apologise and fix it when you mess up. Be fun to work with. How important are awards to building brand awareness for your industry? Awards are critically important – they provide an external benchmark for work, they’re a goal and yardstick of success (or failure) for the agency team and create a positive competitive environment that drives better work across the industry. How competitive is the industry? The industry is fickle, it definitely has its flavours of the month but I think talent and professionalism endure. If you’re able to consistently serve up great work and keep your ego in check, you’ll always weather the whims of the industry. Please provide what you believe are the most difficult challenges for your role within the creative industry? I think the most significant challenge is convincing the client to take the path less travelled. Clients are often averse to risk, the price of failure can be very high for them. So it’s easier to go with the safe option, which doesn’t challenge them, us or the industry. Our challenge is create enough confidence in the agency that they’ll trust us with campaigns that are new and maybe a little risky. Technology has helped people to avoid or ignore advertising to an extent. How do you cut through the clutter? People want value, in the form of monetary value, emotional value or information that’ll make them smarter, safer or sexier. If you can provide that value you’ll cut through the clutter. If you’re adding noise without value then you’re part of the clutter and they should change the channel. Does South African creative industry compare well to the rest of the world, or are there areas we need to play catch-up? I think it’s sad but true, but we’ve fallen behind. We used to be at the leading edge and we’ve slipped. While there are undoubtedly areas of excellence where we remain competitive on a global stage, I think generally we have a lot of ground to make up before we can lay claim to being a global leader. What can be done for the Loeries to create a greater buzz with the general public? Showcasing industry awards at industry events is really preaching to the choir, we need to expose new audiences to the work we do and the value it ads.

Laura May Vale

Dani Hynes

Melissa Read

Creative Director, Havas DigitaL

Director at Egg Films

Media director, Havas Southern Africa

Laura May found an early love for art and studied it at school. After a presentation on advertising at a career day, her mind was made up. She studied at the AAA school of advertising for three years and worked for various companies before settling in with Havas in 2009. What project signaled your arrival on the big stage? A charming print campaign for Jellycams that won at the Eagles Award and saw us go to Cannes for the first time. Which one of your projects or campaigns are you most proud of and why? There are so many - but the recent ones seem to stick out the most. Our latest SAA campaign in particular. It was a challenging brief, but it all came together in the end. I guess that’s what happens when a great creative, production and audio team are paired with a great client that is looking for an inspirational but authentic message. How do you maintain loyalty from clients? By nurturing a genuine curiosity about and interest in their business. How competitive is the industry? Is it easy to go from being on top the one day to rock bottom the next? Very. Consistency is hard to maintain when it comes to awards, but at the end of the day, consistently high standards are the thing that keep you on top. Please provide what you believe are the most difficult challenges for your role within the creative industry? My responsibility to keep the work relevant, up to date and in tune with what is going on in the world – both in the news and within the creative industries. How is the move towards digital impacting on your role? Positively overall. Technology is changing so fast that every day is pretty much a blank canvas. We are able to take our ideas into an ever-expanding media matrix, with more and more opportunities to partner with new talent and different skills. Technology has helped people to avoid or ignore advertising to an extent. How do you cut through the clutter? By creating entertainment, not advertising. Given peoples’ increasing ability to tune out, we need to create work that people actively want to tune into – that they want to immerse themselves in and share with all their friends. I think this will improve the overall standard of advertising, because boring work will just not work. Does South African creative industry compare well to the rest of the world, or are there areas we need to play catch-up? We have done well in most categories but our digital talent (and budgets) are not at a globally competitive level yet. Are there challenges associated with being a woman within this industry, or is the industry welcoming of female talent? Of course there are, especially if you choose to have a family, but this industry loves great talent, no matter what, and in our always-connected, always-on world, there are many ways to work around it.

Dani is an obsessive-compulsive people watcher. She believes that imagination and yoga should be compulsory subjects at schools and spends her life mentally adjusting the art direction of the world. Naturally, she gravitated towards the one industry where left-fielders are welcome, advertising. Branching out was a tricky choice, however. She narrowed it down to filmmaking or joining a weird cult, and, to the relief of all of us, film won out. What project signaled your arrival on the big stage? I know you probably mean a work-related project but to be fair the very first project wasn’t undertaken by me at all, but by my dad who refused to take “never gonna happen” as an answer from my mom. She was well worth the challenge so he kept trying. Winning my mom over became a full-time project for him for a while and I’ll be forever grateful for his tenacity and irresistible charm. So is my mom but she’d never admit it. Which one of your projects or campaigns are you most proud of and why? This is a bit like asking which of your kids you like best? The truth is I believe there should be something to be proud of in every project you do and you shouldn’t rest until there is. I was like that as a creative and I am like that as a director. How do you maintain loyalty from clients? The same way you do from anyone in your life. Be honest. Be part of every conversation, even the difficult ones. Only fight for what makes something better, stronger or longer lasting. Hear each other. Have fun. Laugh. Don’t shout. And above all, be nice. How important are awards to building brand awareness for your industry? Awards are not just about shoving something shiny onto the mantelpiece, they are about professional recognition, which is how our brands are built and formed. We operate in an industry where ideas are everything, but they are also intangible for a really large part of the process. Awards are a way of seeing for yourself that there are people out there who are really good at protecting them (the ideas) when they are at their most vulnerable. Awards also have the added benefit that they can make your peers wildly jealous of how clever you are, which is always nice. Please provide what you believe are the most difficult challenges to your role within the creative industry? I think that every creative person faces the same challenge. What we do is instinctive, mercurial and undefined and the world has fewer and fewer places where that is ok. Luckily we all have thick skins and therapists. Technology has helped people to avoid or ignore advertising to an extent. How do you cut through the clutter? Clutter irritates everyone, but people don’t ignore what is engaging or arresting. They find it. They share it. They pass it along. If it is good enough it finds its way into the national mindset. I believe that the challenges we face now make the recognition we do get even more amazing. Does South African creative industry compare well to the rest of the world, or are there areas we need to play catch-up? I think the days of thinking we were a poor cousin are gone. We often return home with more metal than most. Last year’s Cannes results prove just how seriously we are taken on the global stage. Ours is a country that recognizes creativity as a currency, which makes us a force to be reckoned with. Are there challenges associated with being a woman within this industry, or is the industry welcoming of female talent? I think our industry is one of the few where people are welcoming of anyone who has amazing ideas. I have never felt excluded because I am a woman.

Melissa started her career in film production, but soon realised that it was not for her. Climbing the ladder at an ad agency held more appeal, and soon she was well on her way to realising her dream. What signaled your arrival on the big stage? Being made financial and media manager at 28. Which one of your projects or campaigns are you most proud of and why? The World Summit on Sustainable Development in 2002. It was an incredible event and the energy around it was amazing. The creative ideas really flew! How do you maintain loyalty from clients? Being real and delivering top-notch service. How important are awards to building brand awareness for your industry? Most creatives take real pride in their work and continually strive to be better. Recognition of the hard work that is required to stay on top is important. Everyone likes to be patted on the back once in a while! Clients also like to be able to gauge what is hot and happening in the industry right now. Please provide what you believe are the most difficult challenges for your role within the creative industry? Data. Data. Data! How is the move towards digital impacting on your role? Digital isn’t merely something that should form part of a strategy. It should be the first consideration. We all need to be immersed in digital. Digital to the core. Does South African creative industry compare well to the rest of the world, or are there areas we need to play catch-up? We really do need to play catch-up in the digital arena if we want to take our rightful place on the world stage. We should not allow ourselves to fall into a position where we rely on socalled online strategists to guide our online strategy. Strategy should be developed in-house to be truly cohesive. Are there challenges associated with being a woman within this industry, or is the industry welcoming of female talent? Women are the recognised leaders in the industry. Behind every good campaign is a woman at work. Is there something most people don’t know about you? Nope. I am an open book.

Compiled by Lion’s Wing Brand Communications.

DESIGN

James DYSON

rural upbringing in Norfolk amongst a family of academics and clergy might seem an unconventional route into engineering, but James Dyson showed an obstinate streak from the off. The sole volunteer to play the bassoon in the school orchestra, the long distance runner with the determination to do things differently. While at school James followed in his father’s footsteps by studying classics. The murky world of manufacturing loomed like a threat. In those days a factory was where those who failed their exams would end up... James earned a place to study art at the Byam Shaw Art School in London. Here he found himself increasingly drawn away from art towards design. Next stop was the Royal College of Art where James took the leap from furniture design to industrial design – a chance to get his hands dirty, working with plastic and stainless steel. And so began a lifelong passion for functional design. After graduating from the RCA, James was employed by local engineering company, Rotork, where he designed his first project, the Sea Truck; a high-speed landing craft. Working alongside Jeremy Fry, James adopted an Edisonian approach to design; making prototype after prototype until he got it just right. For James, frustration has proved the mother of invention: a wheelbarrow which sank in the mud and chipped paintwork was the inspiration for Ballbarrow. Ballbarrow had a large inflatable ball instead of a wheel, which along with chunky feet, gave it stability. The barrow itself was made from plastic, which didn’t rust and didn’t dent walls. Then in 1979, when James bought the ten top of the range vacuum cleaners, he became frustrated with how it instantly clogged and began to lose suction. James emptied the bag to try and get it going but this had no effect. The engineer’s instinct kicked in. He ripped open the bag and noticed a layer of dust inside, clogging the pores. A fundamental flaw with vacuum technology, undetected and unchallenged for almost 100 years. James became determined to develop a better vacuum cleaner that worked properly. During a chance visit to a local sawmill, James noticed how the sawdust was

removed from the air by large industrial cyclones. Could that principle work on a smaller scale, in a vacuum cleaner? He took his vacuum apart and rigged it up with a cardboard cyclone. He then began to clean the room with it. Amazingly it picked up more than his old bag machine. The world’s first vacuum cleaner without a bag. But that was just the beginning of James’ battle. One by one short sighted multinationals rejected his idea. Even when they were satisfied that the technology worked, none of them listened; they were more interested in defending their own product – and making a pretty profit from the lucrative bag market, worth $500m a year worldwide. By the mid 1980’s James was heavily in debt but doggedly continued on his oneman licensing tour. Eventually, James received a call from a Japanese company, Apex Inc. An Aeroflot flight and several all-night meetings later, James had signed a deal and in 1986 production of ‘G-Force’ began. It took 15 years of frustration, perseverance, and over 5,000 prototypes, for James to finally launch the Dyson DCO1 vacuum cleaner under his own name. Within 18 months it became the best-selling cleaner in the UK. James founded The James Dyson Foundation, a registered charity, in 2002 with the objective of building on Dyson’s history of philanthropic work. It aims to support medical research charities, design technology and engineering educational work and community projects in and around Wiltshire. Dyson continues to produce new and different technology, such as the Dyson Digital Motor, the Dyson Airblade™ hand dryer, launched in October 2006 and the most recent innovation, the Dyson Air Multiplier™ fan in 2009, followed by Dyson Hot™ fan heater in 2011. Today, Dyson’s turnover is over £1bn and Dyson vacuum cleaners are available in over 60 countries. The USA being the biggest market, followed by Japan. Dyson spends £1.5m a week on R&D and employs over 750 engineers in Malmesbury. In the UK, one in three households now owns a Dyson vacuum cleaner. James continues to work alongside his team of engineers and scientists, developing new technologies to overcome everyday frustrations.

ARCHITECTURE

Johannes Torpe

anish designer Johannes Torpe is an accomplished creator of holistically designed spaces. His creative vision is to challenge the nature of userexperience within a space by breaking traditional boundaries and taking necessary risks. Johannes Torpe is driven by his ambition to inspire. His high-octane energy and eclectic personality open the doors to new perspectives, resulting in an evolution of enduring spatial experiences that are realised through layers of multi-faceted design. As a man who has gone from entertaining large audiences on the stage as a musician, to designing multi-faceted interior spaces, it was very fitting when Johannes Torpe was chosen as luxury electronic brand Bang & Olufsen’s first ever Creative Director. “The role facilitates the fusion of my knowledge in sound and design. I have the opportunity to explore the essence of beautiful sound in creating magical consumer experiences. I have had a life-long passion for this eightyeight year old brand so it’s a title that I wear proudly.” Torpe brings a breathe of fresh air, with new dimensions and perspectives that strip Bang & Olufsen down to its essence and core philosophy. “The aim is to build upon the brand’s values to enhance its overall perception and re-position B&O as a company that prides itself upon forward thinking and innovation.” Torpe’s understanding of experiential and spatial design has become his specialitywhat his studio has coined ‘branded space’. “To me, a branded space is the creation of an elevated experience of a brand. It is a space constituted of conceptual dispositions that reflect a particular symbology and tell a particular story. A branded space incorporates multiple dimensions and design elements, which together provide holistic sensory experiences for the consumer. When I design a space, I aim to create an emotive response to a brand in the experiencer. It moves away from the representation of a brand as merely a symbol, to that which is much more complex- a dynamic, interactive, intuitively driven experience. It is a place where the brand lives and breathes, where it touches people, and it’s ever-changing nature evolves in accordance to the subjective responses of the user. Another key area of interest for Torpe lies in the realm of product design. Collaborating with brands such as Skype, Haworth and HAY over the years, this area of his business has become essential to its growth and expansion. Torpe’s radical creative upbringing is a direct influence on his present desire to create defining experiences. “My childhood growing up in a hippie commune without a formal education placed me in an entirely different world from most other kids, giving me a unique outlook on life and an access to a source of raw creativity that has never left me.

ARCHITECTURE

Department of Architecture

epartment of Architecture was founded by Amata Luphaiboon and Twitee Vajrabhaya Teparkum in 2004. The firm is practicing architecture, interior design, landscape design, and other related design disciplines in a broad range of programmatic requirements and scales. It focuses on developing ideas in architecture, researches on social, cultural, and physical context, collaborates with artists in various fields, as well as takes on an exploration for alternative material utilization. Amata received a Bachelor of Architecture with first-class honors and a Gold Medal from Chulalongkorn University. He pursued advanced studies abroad and received two Master’s degrees from the University of Washington and Harvard University. After graduation, he joined Metric Co., Ltd. and worked as a chief architect for several years. In 2004 Amata together with Twitee founded their firm ‘Department of Architecture’ Amata is currently a principal of the firm. Twitee received a Bachelor of Architecture summa cum laude from Virginia Tech and earned a Master of Architecture from Princeton University. She has been working in Chicago and New York for some time before coming back to Thailand to join Metric Co., Ltd. She together with Amata founded their firm ‘Department of Architecture.’ Twitee is currently a principal of the firm. A recent project is the interior design of various common areas for Hilton Pattaya Hotel. The Hotel which includes the First Floor Lobby, the Main Lobby on the 17th floor, ‘DRIFT’ Bar, ‘EDGE’ restaurant, ‘FLARE’ fine dining, and various common areas and linkage spaces within the building. The hotel is part of a larger multi-used complex located in the heart of Pattaya, overlooking the Pattaya beach. The space for the hotel lobby and bar occupies the 17th floor, high above the bustle of Pattaya beach below. Upon entering the space from one end, as elevator doors open, one would enter a spacious lobby area. The architectural intervention to the entire ceiling plane, with its dynamic wave lines, leads the movement of the visitors towards the seafront beyond. The fabric installation on the ceiling becomes a main feature in the space while simple elements on the ground provide a tranquil atmosphere. At night, strip lighting accents from above the fabric linear pattern. The whole ceiling volume becomes a gentle luminous source of light giving a fine ambient to the overall space. At the end of the lobby space, the bar area is arranged linearly along the building edge parallel to the sea with maximum opening to the ocean view. Backdrop of the bar area

lies a wooden wall with alcoves where the daybeds partially tuck themselves into the wall. Oversized and soft furniture provides comfortable and relaxing seating for guests to sink into. A full-wall mirror at the end of the long space doubles the visual length of the bar area. Further in front of the indoor bar area is an outdoor lounge space with a large reflecting pond catching the reflection of both the sky and the droplet daybeds and lamps scattered around. From this area the space is opened up to the panoramic ocean vista and gentle sea breeze. A restaurant with multiple large open kitchens is situated on the fourteenth floor facing the ocean view. Its main spatial organization strategy is to open up the ocean view to the guests at its maximum to take advantage of the view from its prime location. The space is stretched linearly along the glass wall facing the sea with an almost 8 meter-high ceiling. The indoor seating area is organized into two tiers where the floor towards the back is higher up to ensure a good view over the front part. The outdoor terrace with its impressive panoramic view in the front lets the ocean vista flows uninterruptedly to the inside by arranging its floor plate a step lower. Away from the busy street down below, the restaurant provides a calm, relaxing and comfortable atmosphere. An airy space with the use of natural materials and light colors allow the guests to sit back and relax. The open kitchen area is accentuated with special material treatment as a focal point of the interior space. The visual elements in the space are loosely reminiscent of an underwater landscape – sea fan and translucent luminous ocean creatures. The interior surfaces are almost transformed from their original materiality into thin gorgonian membranes wrapping the space. Clusters of glowing organicshape lamps suspended randomly in midair with varying sizes and colors scatter throughout the space. Hidden in the restaurant restroom, maneuvering through its interior space, one cannot resist thinking of the space in between the seabed fauna. An upscale luxury fine dining serving grill is located on the fifteenth floor. Privacy and exclusivity for the guests play an important role in the project. The design explores a mediating means of space demarcation between pockets of private dining area. By occupying an intermediary space between spaces with a translucent volume of sheer fabric, the effect results in an elegant, mystifying atmosphere, engaging and disengaging different spaces at the same time. www.departmentofarchitecture.co.th

DESIGN

Maeve Gillies

W MAXXI NATIONAL MUSEUM

he MAXXI National Museum of XXI Century Arts in Rome is a recently completed project by Zaha Hadid Architects. The MAXXI relates with the urban context within which it is set by renewing the horizontal development of the former military barracks. The geometrical plan of the project aligns itself with the two urban grids that regulate the town planning structure of the area and the new interpretation of these two geometrical plans within the proposal generates the surprising geometrical complexity of the campus. The two urban grids are mediated by sinuous lines that harmonise the plan and facilitate the flow within the site. The pedestrian walkway that crosses the campus is open to the public and has been reinstated after approximately 100 years of being blocked by the barracks. This walkway follows the soft outline of the museum, sliding below the upper level galleries towards Via Masaccio. The interior of the MAXXI can be seen by visitors and pedestrians through the numerous openings in the MAXXI’s curvilinear walls that on the one hand, protect its contents, yet beckon the visitor through the broad glazed surface on

the ground floor. The main concept of the project is directly linked to the purpose of the building as a centre for the exhibition of visual arts. The walls that cross the space, and their intersections, defines interior and exterior spaces of the MAXXI. This system acts on all three levels of the building, the second of which is the more complex - with a wealth of connections with various bridges that link buildings and galleries. The visitor is invited to enter into a series of continuous spaces, rather than the compact volume of an isolated building. The interior spaces, defined by the exhibition walls, are covered by a glass roof that flood the galleries with natural light filtered by the louvered lines of the roofing beams. These beams underline the linearity of the spatial system, aid in articulating the various orientations of the galleries and facilitate circulation through the museum and campus. We asked Zaha Hadid to comment on the recently completed project. “I see the MAXXI as an immersive urban environment for the exchange of ideas, feeding the cultural vitality of the city. The MAXXI should not be considered just one building - but several. The idea was to move away from the idea of “the museum as an

object” and towards the idea of a “field of buildings”. After many studies, our research evolved into the concept of the confluence of lines, where the primary force of the site is the walls that constantly intersect and separate to create both indoor and outdoor spaces. It’s no longer just a museum, but an urban cultural centre where a dense texture of interior and exterior spaces have been intertwined and superimposed over one another. It’s an intriguing mixture of galleries, irrigating a large urban field with linear display surfaces. The walls of the MAXXI create major streams and minor streams. The major streams are the galleries, and the minor streams are the connections and the bridges. The site has a unique L-shaped footprint that meanders between two existing buildings. Rather than seeing this as a limitation, we used it to our advantage, taking it as an opportunity to explore the possibilities of linear structure by bundling, twisting, and building mass in some areas and reducing it in others - threading linearity throughout both interior and exterior or the MAXXI.” Zaha Hadid was awarded the Pritzker Architecture Prize (considered to be the Nobel Prize of architecture) in 2004 and is internationally known for both her

theoretical and academic work. Each of her dynamic and innovative projects builds on over thirty years of revolutionary experimentation and research in the interrelated fields of urbanism, architecture and design. Hadid’s work constantly tests the boundaries of architecture and design. Working with senior office partner Patrik Schumacher, Hadid’s interest is in the rigorous interface between architecture, landscape, and geology as the practice integrates natural topography and humanmade systems that lead to experimentation with new technologies. Such a process often results in unexpected and dynamic architectural forms. The MAXXI National Museum of XXI Century Arts in Rome, the BMW Central Building in Leipzig and the Phaeno Science Center in Wolfsburg, Germany are excellent demonstrations of the Practice’s quest for complex, dynamic and fluid spaces. Previous seminal buildings, such as the Vitra Fire Station and the Rosenthal Center for Contemporary Art in Cincinnati have also been hailed as architecture that transforms our vision of the future with new spatial concepts and bold, visionary forms.

hen one of the finest whiskies in history is released, bottling it in a simple vessel is just not an option. Thus, when Highland Park released its 50 Year Old whisky, they called in the help of internationally renowned Scottish jeweler Maeve Gillies. She was responsible for designing a bottle of unmatched artistry to convey a rich tapestry of messages. Gillies took her inspiration from the Orkney Islands in Scotland, where Highland Park originates. The bottle is designed to represent the forces of nature that have battered the islands since time immemorial. Each bottle is encased in a sterling silver design of seaweed and rope that not only represents the sea and weather forces, but also the passage of time. The Highland Park crest inserted on the front of the bottle is carved into sandstone found on the Orkney isles, which was also used to build the famous St Magnus Cathedral in Orkney’s capital, Kirkwall. Gillies designed the bottle to represent a rare treasure that washed up on the shores after 50 years in the open sea. Much like setting a fine gemstone in a ring, the rare treasure of this impeccable whisky is encased in a beautiful bottle design. The bottle is housed in a beautiful wooden display case and accompanied with a certificate of authenticity. Gillies’ interpretation does not end there, however. Just as a whisky is constantly evolving while it matures in the cask, the bottle has the potential to evolve as well. At the back of each bottle is a cabochon that glimmers with the dark mahogany colour of the whisky. As the whisky in the bottle is savoured, it slowly reveals a design of the famous rose window of the St Magnus Cathedral. www.maevona.com

Questions on Copyright protection for creative agencies

opyright protection in South Africa is governed by the Copyright Act 98 of 1978. It is important to note that there are no formal requirements for the subsistence of copyright in South Africa. In particular, there is no registration process, as with the other forms of intellectual property, which means that copyright will automatically subsist in a work, provided that it complies with the requirements prescribed by the Copyright Act. As in most other countries, South Africa has a doctrine which provides that there is no copyright in ideas. It is the material form of the expression of the idea which is the subject of copyright protection. Put differently, copyright does not subsist in an idea but rather in the form in which the idea is expressed. As such, there can be no copyright in an idea which is merely in the creative’s mind, which has not been expressed in a copyrightable form, such as a literary, artistic or musical work. With reference to the above, I deal with some general copyright questions below. How difficult is it to draw the line in terms of ownership of creative ideas? As highlighted above, there is no copyright in ideas, only the embodiment of the idea will be the subject of copyright protection. However, should the idea exist in a material form, the Copyright Act makes provision for various types of protected works. With regards to the ownership of the aforesaid protected works, there is a general rule that the author of a protected work will also be the initial owner of such work. However, this rule is subject to several exceptions, with the most relevant exception being that where a copyright-protected work is made by an employee during the course of his employment (under a contract of service) the copyright of such work shall vest in the employer. Another exception to the general rule is when a person is commissioned to take a photograph, or paint a portrait, or make a cinematograph film or sound recording and is paid for the aforesaid work in money (or money’s worth), and the work is made in pursuance of the commission, the copyright will vest in the person who paid for the work to be commissioned. It is important to

note that this exception only applies to the aforementioned artistic works. However, it is worthwhile to note that there are in some instances a measure of confusion in the marketplace as to the ownership of some forms of copyright. By way of an example, the owner of a painting (an artistic work) is often not the owner of the copyright in that artistic work. The copyright in such painting will remain with the painter even though the painting is no longer in his possession. Therefore the owner of the painting is not entitled to make reproductions and/or adaptations of the aforesaid painting even though it is his property. Notwithstanding the above, if one considers the South African Copyright Act it gives clear guidelines to determine the ownership of a copyright-protected work, and as such, no confusion should arise as to the ownership of copyright. Are there some aspects of creative ideas that are in the public domain to such an extent that it cannot be copyrighted? Again, copyright protection does not extend to ideas, but rather the embodiment of such an idea. Ideas or concepts are generally free to be copied. For copyright protection to subsist, it must first be established that one is dealing with a “work”. The subject matter in question must have sufficient substance to warrant being the subject of protection under the Copyright Act. Subject matter which is commonplace cannot be protected under the Copyright Act. A work is considered to be commonplace if it is trite, trivial or the type which would excite no one in the relevant art. However, this does not entail that a work made out of features which individually are commonplace is necessarily itself commonplace. A new work can be produced from trite ingredients but then the combination of ingredients must itself not be commonplace. Examples of subject matter which is considered to be commonplace would be a single word such as a name, the layout of a diary page or the title of a song. To what extent are creative ideas copyrightable? Can some ideas be considered too general to enforce copyright on? As mentioned above, copyright subsists not in the idea which is merely in the creative’s

head, but rather in the embodiment of such idea in a material form. As discussed in question 2 above, subject matter which is considered to be commonplace would not qualify as a “work” in terms of the Copyright Act, and as such, would not qualify for copyright protection. What measures can creatives take to ensure that their work is adequately protected? As mentioned above, there are no formal requirements for the subsistence of copyright, and as such, copyright automatically subsists in a work, provided that it complies with the requirements prescribed by the Copyright Act. Therefore, the Copyright Act provides adequate protection for creatives to protect their copyrighted works. However, to ease the documentary burden of proving the creative’s ownership of the copyrighted work, he should as a precautionary measure continuously document the design/creation of the copyrighted work. In this regard, creatives could for example retain all drawings, sketches, data, notes, molds, diagrams or interim versions of the work which were used during the design process. Furthermore, creatives could keep detailed notes of the stages of development of the copyrighted work. Should creatives outsource the creation of a work, they should ensure that a written copyright assignment agreement is in place to assign the copyrighted work after the work is complete. However, this may also be done in advance. The aforementioned documentation will allow the creative to effectively substantiate its claim of ownership in the specific copyrighted work. This documentation is most relevant when a creative wishes to enforce its copyright in the specific copyrighted work. Is there much confusion in the industry about what aspects of a creative project can be copyrighted and what not? Since the South African Copyright Act provides for clear guidelines as to the requirements for copyright protection, there is not much confusion in the industry as it relates to what works are copyrightable and what works aren’t. The Copyright Act makes provision for specific types of work

being literary works, musical works, artistic works, sound recordings, cinematographic films, sound and television broadcasts, programme-carrying signals, published editions and computer programs. Since these works are clearly defined in the Copyright Act, there should be no confusion as to the types of works protected under the Copyright Act. What are some of the biggest mistakes creatives make that leaves their projects vulnerable to being copied? A general mistake which creatives make is allowing people access to drafts, templates or unprotected digital versions of the copyrighted work. This will assist potential infringers in making reproductions and/or adaptations of the copyrighted work. In this regard, creatives are urged not to disclose any information or documentation, particularly on the internet, which would facilitate the creation of infringing copies. Should creatives wish to disclose documentation on the internet, it is advisable to incorporate watermarks or protection measures into the documentation to avoid reproduction and/ or adaptations of the document. Another mistake which creatives make is when they outsource the design of a copyrighted work to a third party without having the required written copyright assignment agreement in place. In most instances (excluding the exceptions provided by the Copyright Act) the copyright will remain with the third party should the aforesaid copyright assignment agreement not exist. Has IP laws changed much in recent years and what new developments should be kept in mind? There have been no recent changes to the South African Copyright Act which entails that the South African copyright law has not been kept in line with modern day technological and industrial developments. The Copyright Act is, however, capable of being applied and interpreted sufficiently wide to make provision for present day technological advances. How is online copyright infringement enforced? How are the guilty parties found? How are damages calculated if copyright is infringed on a blog that is not widely read? Online copyright infringement is enforced in the same manner as any other form of copyright infringement. The Copyright Act makes provision for two forms of copyright infringement, being direct and indirect infringement. Direct copyright infringement occurs when any person, not being the owner of the copyright in the work, and without the licence of the owner, does, or causes to be done, any of the acts which the owner of the copyright is authorised to perform. On the other hand, indirect copyright infringement occurs for example when any person, without the licence of the owner of the copyright, sells, lets or by way of trade offers or exposes for sale or hire in the Republic any article, or distributes in the Republic of South Africa, any article if, to his knowledge, the article is an infringing copy in the Republic of South Africa. Therefore, should any person use infringing content on the internet, the copyright owner will be able to rely on the Copyright Act to demand the removal thereof. In addition to the above, creatives will also be able to rely on the Electronic Communications and Transactions Act (“the ECTA”) to remove infringing content from the internet. The ECTA makes provision for a complainant to lodge a

written complaint with the service provider or its designated agent with the aim of removing the infringing content. Should the service provider or its designated agent be satisfied with the grounds of the complaint, it will remove the infringing content, alternatively, suspend the website altogether. Online copyright infringement is generally reported by the creatives themselves who have noticed the infringing conduct online. There are no specific agencies in South Africa which monitor infringing content on the internet. As in any form of intellectual property law, in Copyright law it is difficult to prove damages. Generally, the most relevant remedy available to the copyright owner will be to secure an interdict against the infringer and demand the removal of the infringing content from the internet. Recently, FNB prevented another company from copying their character, Steve, while Hansa considered it flattering when an entrepreneur opened a franchise called Vuyo’s Wors. Is brand dilution a consideration when copyright enforcement is considered? Brand (trade mark) protection in South Africa is governed by the Trade Marks Act, which is separate from and provide different rights than copyright. However, one could also rely on the Copyright Act to prevent a third party diluting its brand should the relevant brand qualify as a copyright-protected work. For instance, should a third party, without the authority of the copyright owner, make reproductions or adaptations of the copyright protected work (for example a logo or a jingle), the copyright owner will be entitled to interdict the aforesaid infringer and restrain him from diluting the brand. It should be reiterated that only a brand which qualifies as a copyright-protected work will be protected under the Copyright Act against dilution. Are there any recent cases of copyright infringements that you wish to highlight as a warning to creatives? A judgment of interest is the one handed down in the matter of King v South African Weather Service 2009 (3) SA 13 (SCA). This matter provides guidance as to when a work is considered to have been created by an employee “in the course of his employ” for purposes of determining ownership of the copyright. Even though the court was of the opinion that the inquiry into what constitutes “in the course of employment” was a factual question which would depend on the circumstances related to each case, the court did provide some factors which one should consider when creating a copyrighted work. These factors are as follows: 1. How does the work, which was created by the employee, relate to the business of the employer; 2. What is the nature of the employee’s duties in terms of the employment contract and how does these duties relate to the work in question; 3. Is there a causal connection between the existence of the employment relationship and the creation of the work. If one considers the above, all creatives are advised to consider the abovementioned factors when creating a copyrighted work which has a causal connection to its current employment. Herman Blignaut, Spoor & Fisher www.spoor.com

Earthwerks Opera Range: Charcoal

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