Creative Design

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An associate of mine recently suggested that I listen to a podcast from the USA that talked about the role of the arts in helping to both revitalise existing neighbourhoods and also helping to create and energise new ones.
At the same time the topic also explored some related issues like housing affordability and ageing in place.
All of which are common themes here and I think have particular significance to many aspects of marketing new projects and how place in-turn influences values.
While some of the material in the podcast was largely focussed on the regenerating neglected urban areas the central theme of ‘creative space making’ had lots of material that I think can be applied here. Many parts of Sydney are being developed with new apartment and mixed-use projects and among buyers there is a definite desire to live in places that have a feeling of community, a richness of local colour and activity.
LOVE OF PLACE
There’s no doubt that developers take the lead when investing into new areas, having usually worked with local councils and existing residents. Sometimes this process results in the creation of totally new neighbourhoods and new communities but often there’s an existing footprint of local character that extends well beyond just local services.
When we think about what makes people love where they live (or wish to live) then connecting with the local community is essential. It’s a topic that helps identify the appeal of different areas, creates a competitive advantage and its part of what sets demand, value and prices. It’s an important part of underpinning the investment made and I think easily overlooked when determining local demand and values.
In some established parts of any city or suburb there’s usually an existing culture that appeals to buyers and extends way beyond for example a handful of shops.
Even when we are dealing with former industrial ‘brown-field sites’ you can sometimes find nearby fragments of neighbourhood, like a pub or local café. Not to mention the social footprint of the local residents who just happen to find themselves now living close to any number of new projects and new residents.
The dynamics of every major city are now caught up in this trend and as the podcast I referred to earlier explored the how the arts, a feeling of community and the economic interests of the area are all connected. These same points also form part of the work – life balance and even when we have a buoyant market, buyers want to know that the area, the community they are investing in has solid lifestyle appeal.
WHAT MAKES PEOPLE LOVE WHERE THEY LIVE?
As the density of urban areas increases every stakeholder – councils, planners, developers, investors and above all the residents know that the sense of place deserves more attention. A strong local identity described as a sense of place does, from a marketing perspective, create a competitive advantage and that will always influence prices paid in a particular area.
It will also influence future property values, they key factors feed into why areas experience strong demand form developers and buyers, it might be intangible and not directly articulated, but I think it’s worth devoting some time to the exploring.
The mix of community, the role of how creative a place feels, the physical appearance and the economic viability of a place all feed into this interesting mix.
Another factor, that we see in many suburbs is how quickly, as developments are finished and people move to the area, that it then changes. Over time this change might morph into ‘love of place’ and thus the community gives a big tick to the quality of planning and development.
Just what makes up the substance of creative place making, the factors that all come together in a desirable neighbourhood, can I think be pinpointed into three areas. These areas include – social appeal, accessibility (user-friendliness) and the aesthetics, the built environment. In combination they all sit behind the appeal of an area and individual projects, they are the marketing foundations and all directly impact prices and buyer demand.
The podcast I mentioned at the start of this discussion was mainly concerned about the role of the arts in helping to create or energise an area and community, however in my next post I want to look further at the role of creative place making as an vigorous part of the project development and marketing mix.
To read the second part of Peter's post, click <a href="peter-chittenden/44774-creative-place-making-part-two-peter-chittenden" target="_blank">here</a>.
Peter Chittenden is managing director for residential of Colliers International. He can be contacted <a href="https://www.projectagenda.com.au/" target="_blank">here</a>.
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Making a creative residential place Part One: Peter Chittenden

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GUEST OBSERVATION
Furniture stores are often filled with designs that look similar to others. But is copying furniture legal, and should we feel bad about buying replicas?
Recently, interior designers accused the supermarket Aldi of copying an Australian designer’s stool in the launch of a new range of “luxe” furniture. Some, including the Design Institute of Australia, noted the stool’s similarities to designer Mark Tuckey’s eggcup stool, which retails for more than $550. Aldi withdrew its stool (priced at $69) on the day of the sale, citing quarantine issues and said it was scheduled to return to stores in late August. (There is no suggestion that Aldi has broken the law here).
In general, copying furniture designs that have not been registered in Australia is likely to be legal. This means that, in most circumstances when designers have not registered their work, businesses are able to sell, and Australian consumers are able to purchase, replica furniture without breaking the law.
How designs are protected
A designer of furniture, fashion or any other product will normally start out by creating a 2D drawing of their product. The drawing might be made by hand or using a computer or machine. This initial design is automatically protected under copyright law as an “artistic work”. For most types of artistic works, copyright lasts for the lifetime of the creator plus an additional 70 years.
Copyright law prevents a person from copying someone else’s work if they do not have permission or a legal excuse. Making a 3D reproduction of a 2D artistic work counts as “copying” under law. So a person who makes, for example, a physical 3D chair using a designer’s 2D design of that chair may be infringing copyright of that 2D artistic work.
However, there is an interesting feature of copyright law that applies only to designers. A designer will lose copyright protection in their 2D artistic work if it is “industrially applied”.
“Industrial application” is generally understood to mean that 50 or more copies of the 3D product deriving from the design are made and offered for sale. Any mass commercial production will therefore take the product outside of the scope of copyright law.
However, mass-designed products can be protected by Australia’s designs system. This system protects the visual appearance of a product. Unlike with copyright, designers must register their designs to be protected under law.
For a design to be registered, it must meet certain minimum requirements. Importantly, it must be new and visually distinctive. The novelty of a design is critical to protection. These requirements ensure that ordinary and unremarkable designs are not constrained by intellectual property law, but are free for people to make and sell.
How is this determined? An application for design registration is filed with and assessed by IP Australia, located in Canberra. It usually takes between three and 12 months to process an application, and costs around $300 to apply. Once registered, design protection lasts for five years, with the opportunity to renew registration for a further five years - so 10 years in total.
The designs register is searchable online. Our search did not reveal any designs registered to Mark Tuckey.
Incomplete protection is deliberate
There are important policy reasons why designers are not given complete protection under intellectual property law. For one, it is often difficult to determine what is an original design when aesthetics meets functionality - there are a limited number of ways to design a seat that people will actually want to sit on! Designs protection is limited so that consumers can affordably access practical products.
Designs law tries to balance a designer’s right to protect their product with the public’s right to access. Getting the balance right is tricky, and is likely to be under increasing pressure with the advent of 3D printing for the home.
It is now possible to print replica furniture, and this practice may become more popular as 3D printing technology becomes simultaneously more sophisticated and more widely available. This is likely to raise ongoing questions about the scope of designs protection under copyright and designs law, and whether the law is appropriately tailored to protect designers.
For Australian designers, the answer may not be stronger legal protection. First, we should ensure that the designs registration system is working effectively. Anecdotal reports suggest that the designs system is underused. We need to make sure that registration is affordable and accessible. Only then will we be in a position to know whether the protection offered by designs registration is enough.
For consumers, the good news is that replica furniture is likely to continue to be available in retail stores. There is certainly nothing illegal about buying replica furniture. Those with the budget to do so, however, may want to consider supporting local Australian designers of furniture and home crafts.<img src="https://counter.theconversation.com/content/100336/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;">
Kylie Pappalardo, Lecturer, School of Law, Queensland University of Technology
Karnika Bansal, Research Assistant, Faculty of Law, Queensland University of Technology
This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/explainer-can-you-copyright-furniture-100336" target="_blank">original article</a>.
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