This member-nominated feature will showcase the diverse talents, stories, and personalities within our community. It's your chance to nominate a designer you would like to know more about. Let's celebrate the unique individuals who make up the heart of the DIA.

Introducing Mark Ruitenberg, Partner of Outspoken Entourage. Outspoken Entourage is a boutique multi-international award winning graphic design and marketing practice servicing clients of all sizes Australia-wide

DIA: Can you share Outspoken Entourage's story briefly and how you uniquely approach design?

MR: Formed in 2014 by Nicola who was primarily working with Keynote & Corporate Speakers (hence the name “Outspoken Entourage”). OE expanded to offer graphic design services provided by Mark (who was working as a contractor for the World Rally Championships at the time). The business quickly grew and Mark needed to leave his tenure at the WRC so he could focus fulltime on graphic design for our expanding client-base.

DIA: I know we've touched on IP use before. Graphic designers often face challenges that aren't widely discussed. Can you share some of the recent challenges your practice has encountered?

MR: A recent challenge we have faced with IP on 2 occasions in 2024 has been through the duplication of websites we have developed. In order to bypass our design firm in carrying out amendments and/or future updates, on two separate occasions, we have had different clients copy the sites and relaunch them on different platforms. The sites were so close that we had to double check the source code to find out it had been built on a different platform!

This resulted in a breach of IP on both occasions. One client completely removed their copied website after we contacted them to avoid legal action (and replaced it with an “under construction” page), and another client negotiated an Assignment of IP Deed in order for them to be able to legally continue using the design and functionality of the website without recourse.

These actions takes a great deal of time and resources to pursue and come to a resolution, both of which could have been prevented with a phone call to discuss their respective options prior to committing the breach/s.

DIA: How does Outspoken Entourage approach the protection and management of IP in your projects?

MR: We approach the protection and management of IP in our projects by;

• Being transparent with IP ownership from the outset of a project through our terms and conditions and sales process (even when it is a standard IP law we are running under) including the specific purpose (and ensuing licence) the project was created for

• Having open and honest conversations with clients or potential clients surrounding the use of IP retained by OE

• Writing articles about IP (published on our website outspokenentourage.com.au) as an additional resource for clients who may want to learn more about IP

• Ensuring that source files for projects are generally not shared with clients without appropriate protections in place

• Ensuring that print providers (general and specialist printers, signwriters etc.) are aware of the IP ownership including licence/s in place when supplying files for production

• Ensuring that clients past and present are monitored for IP breaches through their marketing collateral

• Allocating a budget to enforce IP breaches where necessary

DIA: What inspired your decision to join the Design Institute of Australia? How do you envision the role of the DIA in advocating for better IP protection and support for graphic designers?

MR: Our ultimate short term ‘wish list item’ which we would envisage the DIA advocating would be a standardised IP model that can be adopted by design firms to include;

• Plain English reference materials and resources for clients

• Enforceable templates for use in client agreements and terms and conditions

• Stock letters that can be used when an IP breach occurs

• A process that can be followed by design firms without needing to involve a solicitor to recover IP breach damages (important when the amount of damages to be recovered is less than the potential legal cost)

• Appropriate law reforms as required taking into account the ‘model’.

• Recommended insurances and professional indemnity cover for design firms

These components would make operating a design firm simpler and easier and allow design firms to focus on creating great design rather than dealing with issues outside of their expertise.

Our ultimate long term goal (which may not happen in this lifetime), would be to see blockchain technology developed so that IP protection and licence adherence is automatically regulated according to the contract specifics of a project. Example, if a licence allows use of a design for a single campaign, if an additional licence needs to be granted, then it can be extended through blockchain technology meaning the original author is compensated automatically in a similar way to how NFTs work.

DIA: On a lighter note, pineapple on pizza?

MR: Pineapple on Pizza – eww. Pizzas should only contain basil, buffalo mozzarella, sauce and a base. Pineapple just doesn’t fit into the equation.

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