The dealings involving Ms Hanlan
83 Ms Hanlan was the National Brand and Social Media Manager at MBL from 2012 until August 2019. Her previous roles included being a Senior Manager, Corporate Brand Usage and Management at Standard Chartered Bank (Singapore) in 2011, Group Marketing Manager at Shape Australia from 2009 to 2010 and National Brand Manager at Australia Post from 2006 to 2009.
84 As the National Brand and Social Media Manager, Ms Hanlan was responsible for overseeing MBL's marketing, communications, advertising and media requirements. Her team was responsible for implementing MBL's advertising campaigns directed at prospective clients in its practice areas, like employment and personal injury law.
85 One of her key objectives was to maintain MBL's reputation as a leading law firm, not just for individual plaintiff claims but in the area of social justice more broadly. To this end, as well as direct marketing efforts directed to prospective clients, her role involved the development and execution of broader campaigns intended to elevate MBL's brand and reach audiences outside its ordinary client base. She said that whilst it was desirable for these brand campaigns to intersect in some way with MBL's existing practice areas, the main focus was for MBL to participate in, and be seen to be participating in, conversations of relevance to the broader public and media.
86 She said that gender equality had long been a key value of MBL. MBL had advocated, both on behalf of its clients and independently, on the issues of workplace sexual harassment, gender discrimination in hiring and the gender pay gap. MBL worked, together with union clients, throughout the 1950s and 1960s on issues relating to equal pay leading up to 1972, when the principle of equal pay for equal work became law. Apparently, MBL itself had a particular internal focus on diversity and inclusivity in hiring decisions. MBL regarded itself as a leader in this field in legal and broader commercial circles.
87 In late 2017, she had a discussion with Ms Liberty Sanger, one of MBL's principal lawyers who had recently been appointed as chair of the Victorian Government's Equal Workplaces Advisory Council, about whether MBL should consider focusing on workplace gender equality issues and try to bring about change in that area.
88 Ms Hanlan then engaged Mr Pharaoh to conduct research into how the media portrayed gender equality issues. The purpose of commissioning Mr Pharaoh to do this research was to understand how equal pay issues were being discussed and framed in the media and how MBL might progress this cause.
89 The development of the campaign began with discussions between Ms Hanlan and external consultants with expertise in relation to the creation and strategy for advertising or community campaigns. Ms Hanlan had a prior relationship with Ms Chaudhuri. She also had a prior relationship with Mr Carl Ratcliff, formerly head of strategy for One Green Bean (OGB).
90 In early January 2018, Ms Hanlan had a phone call with Ms Chaudhuri about the starting point for a campaign and sent her an email setting out her thoughts. At that stage Ms Hanlan envisioned a broad campaign in relation to gender equality in the workplace encompassing issues of workplace safety, workplace equal opportunity and representation, which Ms Hanlan referred to as gender parity and wage equality. According to Ms Hanlan, building a campaign with the aim of improving workplaces for women would align with MBL's values and core client base.
91 One of the central pillars of Ms Hanlan's proposal was wage equality, also known as the gender pay gap. According to her, the gender pay gap was an issue that had been bubbling along for some time and was by then gaining some momentum in the media. She thought that a campaign to highlight the issue and make people more aware of it, with a call to the Victorian government to take more enforcement action, was worth considering.
92 By mid-March 2018, Mr Ratcliff, Ms Chaudhuri and Ms Hanlan had developed some ideas for an equal pay campaign and decided that they needed to commission some research to assist them to identify key messages and language for the campaign. Ms Hanlan engaged the research company Forward Scout to undertake qualitative and quantitative research to inform and develop MBL's strategic approach to the gender pay gap.
93 In mid-April 2018, Forward Scout prepared an initial report on its qualitative research in mid-April 2018 followed by a more detailed research debrief in May 2018.
94 By mid-to-late April 2018, Ms Hanlan had the benefit of Mr Pharaoh's report on how the media had presented gender pay equality issues and Forward Scout's qualitative research findings, so she wanted to find a way to leverage those findings into a campaign that would be of interest to the media. The reason for needing media interest in the campaign was so that the campaign would get attention and generate more discussion, which would then hopefully generate more calls for change.
95 Ms Chaudhuri created a creative proposal setting out the vision for the campaign, based on what they had learned from the research and their discussions to date.
96 Ms Chaudhuri's proposal suggested the campaign would have several assets, being discrete elements that would each contribute to the overall campaign. These were a "campaign film", a microsite (meaning a small, topic-focused website), a moment (being, a day on which the campaign would hit the public in a newsworthy way) and a partner pack (to encourage other organisations to support the campaign). The campaign would also ask the community to commit to the cause by signing up to a pledge. Under moment, Ms Chaudhuri's presentation suggested an event on Equal Pay Day in September 2018. Her suggestion was that they would collaborate with an Australian sculptor and create a statue to unveil on Equal Pay Day. Her report included a picture of a statue. The intention was that the statue would embody the concept of a life-size woman standing next to a stack of notes representing the exact amount that women were paid less than men that year. That figure was to be based on statistics released by the Australian Government's Workplace Gender Equality Agency (WGEA). The picture in Ms Chaudhuri's presentation was indicative only and Ms Hanlan did not expect the ultimate statue would look like that. Ms Chaudhuri's presentation also included a name for the campaign, namely "We've Earned It".
97 Ms Hanlan and Ms Chaudhuri were still considering possible dates for the launch of the campaign and were factoring in other key dates of relevance to the campaign, being:
(a) the Victorian election cycle, with the election scheduled for 24 November 2018; and
(b) Equal Pay Day, being the date on which the WGEA published its data about gender pay equality, expected in around September 2018.
98 At around that time, Ms Hanlan engaged an external public relations company, Callidus PR, to work with them on the campaign. She knew Ms Louise Nealon, who worked at Callidus PR.
99 In early May 2018, Ms Hanlan met with Ms Nealon and others for a discussion about the campaign. Ms Chaudhuri presented an updated version of the creative proposal and a treatment for the campaign film. Ms Nealon presented a proposal for a PR strategy.
100 Ms Hanlan presented the research and the campaign ideas to a small group of key people within MBL, including Ms Sanger.
101 Ms Hanlan also contacted Mr Michael Harms at Consumedia, MBL's media buying agency, to enlist his support for finding potential partners for the campaign. Mr Harms was well-connected in the media industry and she thought he would be well-placed to introduce them to potential partners. She told Mr Harms that MBL wanted to approach companies that had signed up to the WGEA and therefore were already aligned with the purpose of the campaign. She sent him a list of WGEA accredited brands that included companies in a wide range of industries.
102 Later in May 2018, she had a discussion by email with the creative team about whether and when to go ahead with commissioning a statue and where it might be located. She had hoped that it would be located in the Melbourne CBD, somewhere with high foot traffic and befitting of a symbol of such an important issue.
103 At around this time in late May 2018, Mr Pharaoh drafted an overview document for the purpose of asking the Victorian Parliament to approve placement of a statue on Parliament grounds. Mr Pharaoh also developed wording for communications to several municipal locations seeking permission to have a statue erected in one of those locations.
104 On 8 June 2018, MBL was notified that placement of a statue in the gardens of Parliament House would not be possible. Ms Hanlan's focus then turned to the City of Melbourne Council and as she thought it, in particular the Lord Mayor, Ms Sally Capp, would be able to assist in finding a similarly prominent public location.
105 In early June 2018, Ms Hanlan started contacting artists, by email or by phone, about commissioning a statue. Ms Hanlan mentioned the New York statue in some of these communications. Whilst she did not consider that the New York statue would be generally known to the public, she did think that it would likely be known to artists involved in public art and sculpture. By referring to it, she was trying to convey the general idea that they were seeking an artwork to symbolise a social issue in an easily understood (not abstract) way.
106 From around June 2018, Ms Hanlan was also searching for a media partner for the campaign. A media partner provided more than just advertising space. It provided a platform to spread content via many different channels, including editorial and PR, as well as advertising space. The campaign team ultimately came to the view that a partnership with News Corp in Victoria, publisher of the Herald Sun newspaper, might be more valuable and expose the campaign to a broader audience than a partnership with Fairfax, then the publisher of the other major Victorian daily newspaper, the Age.
107 Ms Hanlan could not recall when or how she first heard about the New York statue, but she believed that when she did first learn about it, she only took in its appearance and its name, Fearless Girl, and that it had been installed opposite the statue of the Charging Bull in support of gender equality on International Women's Day in 2017. In around October 2017, she read in the media an article that the company that commissioned the New York statue had settled a dispute in relation to allegations that it had underpaid its female staff. She believed that was the first time she became aware of the identity of the commissioner of the New York statue, although the name of the commissioner, State Street, meant nothing to her at the time.
108 In around early June 2018, she raised with her creative team whether they should investigate whether they could buy a replica of the New York statue for the campaign. She did not consider, nor did anyone else in her team suggest that they considered, that Fearless Girl was already associated with another company or a particular industry. She thought it was worth considering further so she set about trying to find out who the artist behind the New York statue was and how she could contact him or her.
109 She read an article by Danielle Wiener-Bronner for CNNMoney (New York) titled "'Fearless Girl' artist wants her message spread beyond Wall Street", first published online on 19 April 2018. Having read that article, she understood that:
(a) Ms Kristen Visbal was the name of the artist who had created the New York statue;
(b) the artist was offering for sale replicas of the New York statue;
(c) the artist had already sold three replicas, one of which had been unveiled in Oslo, Norway;
(d) the artist wanted the replicas to be placed in public places "so that the statue can continue spreading a message of gender equality";
(e) State Street (US) held the Fearless Girl trade mark;
(f) State Street (US) was not involved in the replicas;
(g) Fearless Girl had been criticised in relation to State Street (US)'s settlement of allegations that it underpaid its female and black employees; and
(h) the artist saw Fearless Girl as a "much-needed symbol" and said "[t]he message may have begun as a statement about Wall Street [but the statue] has taken on a life of her own".
110 Upon reading that article, she was hopeful that MBL might be able to purchase a replica.
111 By the time she decided to contact the artist, Ms Hanlan and her team had been working on the campaign for nearly six months. As far as she can recall, in all of that time she did not ever suggest, nor did any else suggest to her, that the campaign focus on pay inequality or gender diversity in the financial services industry over any other industry, or on pay inequality or gender diversity of company's boards. Indeed, she always intended that the campaign be a broad campaign across a wide range of industries and at all levels of seniority to maximise the number of people who might be interested in the campaign and bring about real change.
112 On 7 June 2018, she sent an email to the artist. At the end of the email she said to the artist that she wanted to assure her that MBL's planned campaign and its use of the replica would not be a "corporate branding exercise". She said this because she wanted to convey to the artist that MBL was an organisation that was genuinely committed to promoting equal pay and workplace equality, and that MBL was not seeking to use Fearless Girl as an advertisement for its services.
113 On 12 June 2018, she sent a follow-up email to the artist as she had not received a response from her. In her response later that day, the artist stated that Australia was on her list for potential placement of the work.
114 Following that email correspondence, Ms Hanlan had a telephone conversation with the artist on 13 June 2018. The conversation lasted for approximately 40 minutes. In that call, Ms Hanlan told the artist about MBL. She recalled saying to the artist words to the effect of:
(a) MBL is one of Australia's leading social justice law firms;
(b) when Maurice Blackburn started the firm nearly 100 years ago, his goal was to help ordinary Australians access the law;
(c) Maurice Blackburn's goal to provide access to justice for all Australians, not just those who can afford it, was still very much the driving force behind the firm; and
(d) MBL was heavily involved in cases involving workers' rights, asylum seeker rights, gender equality, and workplace discrimination.
115 Ms Hanlan told the artist about the campaign that MBL was planning. She recalled saying to the artist words to the effect of:
(a) MBL wanted to launch a campaign about wage equality;
(b) Ms Sanger was keen to help drive change in this area and that she would be MBL's spokesperson for the campaign; and
(c) MBL was looking to build a coalition of organisations who would support the campaign. She said that they wanted the campaign to be bigger than just a MBL campaign and that with more organisations involved the campaign would reach a wider audience. She could not recall whether she specified the identities of the organisations or the types of organisations that she had hoped would be in the coalition.
116 She told the artist about the intended timing for the campaign. She said to the artist that they were planning to launch the campaign on Equal Pay Day in August or September 2018, and she said that Equal Pay Day was significant because it represented the additional days in the next financial year until Australian women's wages reached the same level that Australian men had earned in the previous financial year.
117 During that call, the artist said to Ms Hanlan words to the following effect:
(a) she had made Fearless Girl and that the statue was important to her because her goal was to bring about equality between men and women, and she saw Fearless Girl as an inclusive symbol and that it was not about excluding men from the conversation, but creating a better society where both men and women were equally valued;
(b) she liked the idea of Fearless Girl being associated with an equal pay campaign;
(c) State Street (US) had unveiled the New York statue and had acquired two additional replicas, although it later became apparent that State Street (US) had acquired three additional replicas;
(d) she thought one of State Street (US)'s replicas was planned for London and the other was planned for Tokyo or Hong Kong;
(e) she thought the power of the Fearless Girl message would be strengthened if it was not connected with just one organisation, but with a wider range of organisations. Ms Hanlan assumed the artist's reference to "one organisation" meant State Street (US) as she had just told her that it had unveiled the New York statue and had acquired two more replicas;
(f) she owned copyright in the artwork;
(g) State Street (US) owned a trade mark; she did not;
(h) she wanted to sell replicas of the New York statue to spread the word about gender equality;
(i) she had sold a replica to a hotel in Oslo, Norway and that it faced the parliament building there;
(j) she was in talks with a boarding school in Africa about creating a replica for that school;
(k) she had been previously contacted by Plan International Australia, an Australian charity that works to improve children's rights and equality for girls, but it had decided not to purchase a replica due to the high cost;
(l) the cost of a full-size replica was US$250,000, which she acknowledged was expensive, and said that there could be no negotiation on the price; and
(m) the replica had to be pitched as a gift to the Australian people and it had to be installed in a public place.
118 As far as Ms Hanlan can recall, the artist did not tell her that she had an agreement with State Street (US), or that she was under any limitations or restrictions as to what she or a purchaser could or could not do with the replicas, other than she had mentioned State Street (US)'s trade mark.
119 Based on that telephone conversation with the artist, Ms Hanlan was left with the impression that she had plans to expand her message of gender equality around the world and that she was already gaining momentum through sales of the other replicas. As regards her statement that the replica must be "a gift to the Australian people", Ms Hanlan understood that the artist did not want replicas of the New York statue to be promoted as being owned by a company and that they must be installed in public places.
120 After having made contact with the artist and confirmed that MBL could, in principle, purchase the replica for the campaign, the most pressing task was to find other organisations to support the campaign. In around mid-June 2018, the creative team and Ms Hanlan pulled together a long list of potential contacts and companies to approach regarding the campaign. The list included companies and contacts operating in the following fields: professional services, accountancy, property, energy, superannuation, private health funds, retail banking, legal, education, construction and other industries.
121 Ms Hanlan and others from the core campaign team started having conversations with their contacts at potential partner organisations. On 18 June 2018, Mr Pharaoh confirmed to her by email that HESTA had indicated that it would join the campaign.
122 Also on 18 June 2018, the artist sent her an email which repeated some of the comments she had made during their earlier phone conversation. The email stated:
I am very excited at the prospect of placing Fearless Girl in Melbourne and the figure couldn't be more perfectly suited to your event. As we discussed, formally speaking, Fearless Girl stands for supporting women in leadership positions, equality, equality of pay, education of women, education in the work place for the prevention of prejudice and the general well being of women. Marking the day when women work for free certainly will drive home the discrepancy in pay between men and women. Fearless Girl is a perfect fit.
As discussed, I am quietly creating and placing a limited edition of 25 of the full size Fearless Girl. We unveiled her in front of the Grand Hotel in Oslo, Norway last March and she faces the Parliament building. Another European unveiling is scheduled for October and, in August, we will unveil at a boarding school representing 27 countries. Three other unveilings are scheduled. I am targeting public placement, educational facilities or corporate campuses in order to continue to spread the messages behind Fearless Girl as well as the key message of the enlightened path forward as being the collaboration between men and women for better decisions and a better environment.
State Street Global Advisors of Boston, Massachusetts owns the trademark for supporting women in leadership positions under the Fearless Girl name. I own the copyright on the work. The Australian coalition is able to freely announce that the sculpture has been gifted to the people of Australia. The restriction is that the group would not be able to use the figure as a brand identity.
…
With 6 parties chipping in for purchase, I think your group could make a dream of the Plan International group come true! I would be happy to speak with you and others in the coalition on the phone again once you've had the opportunity to digest all of this. Regarding trademark, if you have any questions, we can also schedule a call with my lawyer Nancy Wolff.
123 The artist's email attached a draft agreement and some notes for purchase that the artist's lawyer had drafted for another client. This draft agreement subsequently became what I have described as the art agreement. Ms Hanlan skimmed the draft art agreement at the time, but she does not recall reading it or the notes for purchase carefully as she knew that she would be asking a lawyer to review them and advise her. She did recall that she formed the impression that MBL would not be able to "lock up" the Fearless Girl name or image with its brand or logo. Lock up is a marketing term; it involves taking one element (a name, logo, symbol or picture) and mixing it with another element (name, logo, symbol or picture) to create a new lock up, or brand. In this context, she thought they could not use the image as part of MBL's trade mark, nor could they advertise, for example, "Maurice Blackburn Fearless Girl legal services". She considered that would not be a problem as she had no intention of doing that. It was never her intention that the replica would be used to advertise MBL's legal services or as a brand for MBL. The replica was solely for use as part of the MBL campaign.
124 On 18 June 2018, she also received the quantitative debrief of Forward Scout's research. The next step was for that research to form part of a corporate engagement, white paper-style report to a range of corporations in order to seek their engagement with the campaign.
125 On 20 June 2018, and before she had sought any legal advice or input on the documents the artist had sent to her, Ms Hanlan sent an email to the artist. In that email she told her, inter-alia, that MBL was looking for coalition members for the campaign, including global consulting firms, superannuation funds, City of Melbourne Council, health fund providers, unions and financial services. In relation to superannuation funds, Ms Hanlan explained her justification for their identification in terms of "as they are big supporters [of] women planning for their financial future etc".
126 The artist responded on the same day and said "This rounds to the picture for me quite well". The artist also said "Please let me know if you or your legal team needs to schedule a call with my lawyer Nancy Wolff". After reading that email, the impression Ms Hanlan had was that the artist was happy with their proposed campaign and they could move forward.
127 On or around 21 June 2018, Ms Hanlan approached Ms Sheehan, who had just started in the role of General Counsel at MBL, about the campaign and the draft art agreement. She asked her whether Ms Sheehan would review the draft art agreement herself or whether she would brief an external lawyer. During that discussion or in a subsequent conversation shortly afterwards, Ms Sheehan told Ms Hanlan that she thought this matter should be dealt with by a specialist lawyer.
128 A friend of Ms Hanlan's had, until shortly before that time, been employed as a lawyer at Simpsons. Through her, Ms Hanlan knew that Simpsons specialised in arts law and she asked her friend for the name of a person that she could contact to assist her with the review of the draft agreement. On 22 June 2018, she sent her an email introducing Ms Hanlan to Mr McDonald.
129 Ms Hanlan then emailed Ms Sheehan with Mr McDonald's details, copying him in. Separately, she sent Ms Sheehan an email briefly outlining what she saw as MBL's requirements for the purchase, including what she wanted to be able to do with the replica.
130 Shortly afterwards, also on 22 June 2018, Ms Hanlan was copied on an email from Ms Sheehan to Mr McDonald in which she attached the draft art agreement and the notes for purchase that Ms Hanlan had received from the artist as well as a copy of Ms Hanlan's earlier email to her outlining MBL's requirements.
131 Ms Hanlan wanted to ensure that MBL could use the replica for the purposes of the MBL campaign. Whilst she had not made a final decision about every element of the campaign, she did at that time know that MBL would want to install the replica in a public place and use the replica and its image as part of the campaign. It was never her intention that the replica would be used to advertise MBL's legal services or as a brand for MBL. The replica was solely for use as part of the campaign. Given the significant cost of the replica and its part of the campaign, she needed to guarantee that they could use it for the planned purposes. If they could not use it for their purposes there would be no point in continuing to negotiate an agreement with the artist to purchase the replica.
132 On 27 June 2018, she received an email from Mr McDonald attaching his comments on the draft art agreement.
133 On 29 June 2018, she emailed Mr McDonald and asked him "So we're happy that we'd be able to use the fearless girl the way we needed to and also for our partners?". She asked that question because, whilst by that stage she had skimmed the draft art agreement, she didn't feel qualified to comment on the drafting of the clauses. She simply wanted to ensure MBL could use the replica for the purposes of the campaign.
134 Later that day, Mr McDonald responded to her question, saying that:
Our deletions to subclause (1) of the clause on page 4 in relation to "No-Branding Use" remove the issue about referring to the work in (among other things) MB or other newsletters or on an MB website, each of which would clearly be branded with the firm's name and logo.
The additional wording after subclause (3) is to remove any ambiguity as to what MB or the co-contributors are permitted to do with the work, but let us know if there is anything extra you want to specify here. Note also our comment inserted as "IMcD3" at the end of subclause (2), including that MB may want to negotiate for the deletion of this subclause.
The amendments we have suggested reflect our instructions, but we particularly look forward to your assessment of whether there is anything else that should be included (or excluded) here.
Kara: particularly look forward to any comments from you on this or any of the other amendments we have suggested.
135 Later that afternoon, Ms Sheehan emailed Ms Hanlan and suggested that she call Mr McDonald to discuss his queries. At that time, Ms Hanlan was overseas so rather than calling Mr McDonald, on 3 July 2018, she emailed him and Ms Sheehan.
136 In an email, she wrote that the "no branding use" clause was her "biggest concern" and suggested that it should be removed or clarified. She said this because she did not really understand the wording of that clause and, more specifically, she wanted to be sure MBL would be able to partner with superannuation funds, which she assumed would be considered financial services companies. Her email stated:
My responses to the specific questions are below- can you review and forward to Ian. I'm in Greece at the moment so not picking up my v/m
• the cost and payment schedule (p.2) - I agree a % should be held back until delivery;
Happy for you to make a recommendation on this
• the no branding use (p.3) - see comments re (2) - do you or the potential contributors have any issues with the limitation?;
as per my earlier email this is my biggest concern - I think we need to ask her if we can a) remove it or B have her explain what the intent is here ie what is corp governance and what is fin service s- we will have superannuation providers contribute and are they tech fin services etc
• Credit (p.3) - Ian's proposed clause looks ok, but if you want MB's logo and contributors logos on the plaque, can you let Ian know?;
I want to make sure that we can put our logos on the plaque - MB and any other contributors - this is very important as we need to be able to show who has brought the girl to Melbourne and why.
• Photography (p.5) - do we want the artist to provide a photographer or will we have our own at the Event?;
Part of the offer is that the artist will include the McCann photographer who did the work for the NYC fearless Girl - this ensures consistency in creative presentation.
137 Mr McDonald replied to her stating that he would make changes to the draft art agreement in light of her comments. There were then some further emails between Mr McDonald, Ms Sheehan and Ms Hanlan regarding the payment schedule in the draft art agreement.
138 On 4 July 2018, she received another amended version of the draft art agreement from Mr McDonald and, in a separate document, a table that she had requested explaining the amendments he had made. She did not recall looking at the draft art agreement but she did look at the table of amendments as she wanted to be sure that they were telling the artist how MBL wanted to promote the campaign and the replica. Shortly afterwards, Ms Sheehan emailed Ms Hanlan to say that Mr McDonald's documents looked fine to forward on to the artist.
139 On 4 July 2018, Ms Hanlan sent Mr McDonald's revised version of the draft art agreement and the table of amendments to the artist.
140 She received emails from the artist on 5 and 10 July 2018, in which the artist, inter-alia, said that she had provided the documents to her lawyer, namely, Ms Wolff, for review.
141 On 14 July 2018, Ms Hanlan received an email from the artist copied to Ms Wolff attaching a revised draft art agreement. The email stated:
We did note that your legal team removed the no branding clause which we have replaced. I am under contractual obligation with State Street to include that language in our agreement and the clause will have to remain. For your protection, any promotion of the work and your event should emphasize that the work is a "gift" to the people of Australia and is being used to highlight the 15.3% gender discrepancy in pay. The required no branding clause would prohibit logo use in conjunction with the work but, certainly, the name of each and every contributor should be clearly spelled out.
Remember that Fearless Girl stands for supporting women in leadership positions, equality of women, equal pay, education of women, education in the work place for the prevention of prejudice and the general wellbeing of women. I am thrilled you are planning to tour with the work but, ask that in all cases she be used to promote these same gender diversity goals.
In regard to relative size of the artwork, Fearless Girl is 50 inches high and I am 5'9".
Note that Fearless Girl is being produced in a limited edition of 25 as we discussed but, I also will make two Artist Proofs which will travel on loan. The Artist Proofs have been noted in the agreement.
On page 5, we've asked that I be apprised of the ceremony plans and that mention of the initial casting placed by State Street in New York. If I am speaking, I will handle that aspect.
142 She did not recall reading the revised draft art agreement on the basis that MBL's lawyer would be dealing with that, but she did read the covering email. She recalled reading the artist's comments that she was under an obligation with State Street (US) to include certain language in the draft art agreement, but Ms Hanlan did not understand the artist to be telling her that MBL could not use the replica in its campaign as planned. Ms Hanlan took the artist's comments to mean that there would need to be some changes to the wording of the draft art agreement but that she was happy to go ahead with the sale to MBL.
143 Ms Hanlan saw the artist's comment "The required no branding clause would prohibit logo use in conjunction with the work but, certainly, the name of each and every contributor should be clearly spelled out" and she wanted to clarify what she meant by that. Ms Hanlan expected MBL would want to use its logo and the logos of its partners in connection with the campaign, including on the plaque.
144 Ms Hanlan understood that the replica should be used to promote the gender diversity goals listed in the artist's email, being "supporting women in leadership positions, equality of women, equal pay, education of women, education in the workplace for the prevention of prejudice and the general wellbeing of women". Whilst MBL's campaign was focused on gender pay parity, Ms Hanlan considered that all of the goals identified by the artist were parts of the same puzzle and that promoting each of those goals would assist with the aim of achieving equal pay.
145 Ms Hanlan was fine with the artist mentioning in her speech that the New York statue had been commissioned by State Street (US).
146 Ms Hanlan forwarded the artist's email to Ms Sheehan on 17 July 2018. Ms Sheehan responded on 18 July 2018 to say she would have Mr McDonald review the amendments to the draft art agreement. The email stated:
I will ask Ian to look at this, but one thing I want to point out is the changes around use of the statue with branded material.
Below is a highlighted clause of what has been inserted, which will prevent us from using images of the statue on branded material - based on this wording we will not be able to use the image on our branded website or in brochures.
The artist says this is based on its contractual arrangements with State Street.
If not sure if this is going to be acceptable - can you please have a think about it?
I'll copy you into my correspondence with Ian.
(1) The Artwork shall never be used, or authorized for use, as a logo or brand or on or in merchandising. The Artwork shall never be displayed on "branded" material, in any medium now know or hereafter devised, including without limitation any merchandise, products, or printed or electronic material, that features a trademark, service mark, trade name, tagline, logo, or other indicia identifying a person or entity except for Kristen Visbal or State Street Global Advisors or its affiliates.
(2) The Artwork may not be used in connection with gender diversity issues in corporate governance or in the financial services sector.
(3) The Artwork may notbe used by the Client for the promotion of any political party, politician, activist, or activist group.
For clarity, however: nothing in this clause prevents the Client or co-contributors to the cost of the Artwork from:
a. talking about the Artwork (including why it was purchased, what it represents to them, who has partnered with the purchase and how their purchase of the Artwork supports gender diversity goals); or
b. taking the Artwork on a roadshow within Australia and showing and discussing the Artwork in public (and particularly in regional and rural schools and communities).
147 Ms Sheehan drew her attention to wording in the draft art agreement that she thought would prevent MBL using images of the replica on its website or in brochures and asked her to consider if that would be acceptable. After reading Ms Sheehan's email, Ms Hanlan thought that they needed to be really clear on how MBL wanted to promote the replica. Ms Hanlan thought that the best way forward was to put the onus back on the artist and set out in the draft agreement what MBL wanted to do with the replica to check if she would permit those uses.
148 On 18 July 2018, Ms Sheehan sent the artist's email and attachments to Mr McDonald, copied to Ms Hanlan. The email stated:
Please see the attached response. Could you please review for us?
Rebecca is going to let us know her views on the changes to the branding clause - this may be a problem for us. Apart from this, can you please advise of any other significant changes?
149 Ms Hanlan followed with an email requesting clarity on what would be permitted under the revised draft art agreement.
150 Later that day, Mr McDonald responded saying that he thought the amendments would be "tricky" for MBL and its campaign partners, and suggested that Ms Hanlan provide examples of the ways in which MBL and its campaign partners would want to use the replica. He stated the following:
My initial reaction, however, is that the clause she (or State Street) is insisting upon is going to be tricky for you and the other organisations, and perhaps one way to respond might be to give examples of what you want to do and ask whether these would be OK under her view of the clause.
151 Sometime in the week commencing 23 July 2018, Ms Hanlan had a telephone conversation with the artist. Ms Hanlan could not recall the date of that call and she does not generally make file notes of her calls. However, she did recall some matters. The artist told her words to the effect that MBL would not be able to use the replica in a way that adopted Fearless Girl as its own brand or the brand of a campaign partner. Consistent with Ms Hanlan's earlier views, her take on this was that MBL was not permitted to lock up its logo with the replica or images of it or use the words Fearless Girl to advertise its products or services. Ms Hanlan said to the artist that MBL intended to use the replica as part of its campaign, including promoting it on social media, putting it on the MBL website, using it in internal communications, creating a press release and promotional materials for an event or events and touring regionally and, potentially, nationally. Further, Ms Hanlan said that MBL had no intention of using the replica or the words Fearless Girl on products or to advertise its legal services. And the artist said to Ms Hanlan that she thought that should be fine.
152 Ms Hanlan was left with the impression that the artist understood how MBL and its campaign partners intended to promote the replica as part of the campaign and did not view that as problematic. She had been very explicit about MBL's plans. The artist did not say to her that she had any issues with what Ms Hanlan had said.
153 By this time, Ms Hanlan and her creative team had made approaches to potential campaign partners in a wide range of industries. She was aware that conversations were ongoing with several organisations who had indicated some interest in the campaign, but at that stage only HESTA had committed to joining. It was taking longer than she had hoped to find partners for the campaign and she was becoming concerned that the timeframe for a planned unveiling of the replica and campaign launch on Equal Pay Day (September 2018) was becoming too tight, so she started considering later dates.
154 On 27 July 2018, she sent an email to Ms Felicity Pantelidis, MBL's Deputy CEO, summarising the campaign and asking for her assistance to approach potential partners for the campaign. In the email to Ms Pantelidis, she noted "This campaign would be promoted by the Equal Pay Potential coalition - (not a 'Maurice Blackburn' campaign)".
155 On 27 July 2018, Ms Hanlan sent an email to Mr McDonald copied to Ms Sheehan stating:
Hoping we can set up a meeting with you on Monday at 2pm to talk through the different scenarios of how we want to use Fearless Girl so we can get some clarity from Kristen. Ill prepare the examples over the weekend and email them over and then we need to be able to get your thought son them based on your understanding of the agreement and then share them with Kristen. She rang me earlier this week and thought it should all be fine but we need to be sure! Im trying to finalise partners and need to be sure we can use her in mkting and comms and PR.
156 Following Ms Hanlan's further emails to Mr McDonald on 27 and 28 July 2018 in which she explained the ways in which she wanted to be able to use the replica as part of the campaign, she had a telephone call on 30 July 2018 with Mr McDonald. On that day, she sent an email to Mr McDonald stating:
For today's discuss I've tried to provide examples of where (platforms /channels) we might communicate Fearless Girl, the sort of copy we might use and the imagery we may use to support it.
Ian I still don't understand what the reference to not using financial institutions means - does that mean we can't have a bank or a superannuation provider be a partner with us? Can you please explain this? At this stage we have Super funds on board and we are talking to NAB too.
Timings
I have a drop dead date of Aug 10 to order her so we need to sort this out this week. Kristen is in Africa at the moment but Id like us to email her by COB today if possible.
Plaque
Have organisations logos on plaque eg
Equal Pay Potential Project
Maurice Blackburn Lawyers logo along with our partners logos (up to 6 in total approx.)
Social Media /Websites/Press Release
Use image of Fearless Girl on social media platforms - LinkedIn, FB, Twitter, Insta
Use of image of Fearless Girl on company website
Use of image of Fearless Girl used on press release around Equal Pay day
Copy
[And] creative executions could include something such as the below (tailored by each of the partners to reflect their own brand first)
MB as part of the Equal Pay Potential project are proud to be part of a campaign promoting gender pay equality. As part of this campaign MB along with its other partners have brought Fearless Girl to Australia as a commitment to championing this very important cause.
Imagery
Fearless Girl - insitu (ie wherever we unveil her on equal pay day)
Fearless Girl flanked by the CEOs of the organisations who have contributed to her coming to Australia
My understanding is that we can't lock up our logo (or any of the other partner logos) with the image of the girl - which seems fair and reasonable.
157 Later that day, Mr McDonald emailed her a further revised version of the draft art agreement stating "… please see attached for our revised version of the agreement, spelling out each of the things that you want to be able to do despite the "no branding" clause". She recalled looking at that version of the draft art agreement. She wanted to make sure that Mr McDonald had accurately included the different ways MBL wanted to use the replica. After reviewing the amendments, on the same day she forwarded it to the artist by email stating:
How's Africa going?! We have updated the contract by inserting examples of how we would like to use the girl in respect to promotion. If we can agree on this quickly then we can keep everything moving in time for September (date still not confirmed!) - these examples are fairly predictable in terms of how we would want to promote our investment in the girl across our websites, social platforms and PR. I'm expecting 4-6 (max) partners how would all want to promote the girl in this manner. We would also want all of their logos on the plaque. We will be positioning this as a 'gift' to the Australian people (women) to champion this issue of wage equality.
158 On 31 July 2018, Ms Hanlan received two emails, one from the artist and one from Ms Wolff.
159 The artist's email stated:
That is very exciting! I actually missed my early am flight to Africa and will now depart at 5:40PM Eastern US time. Again, because of the trademark State Street Global Advisors has asserted on the name Fearless Girl, contributors may put their names but, they cannot use a logo in conjunction with the work. In regard to social networking, so long as the work is positioned a a gift, it should be ok since the Fearless Girl name is common place and all over the media. I am thrilled you are still aiming for September however, for your protection and my own, I'd like to suggest a conference call with my lawyer Nancy Wolff and, if necessary, her trademark partner. If you can chat today, I will see if Nancy is free. Otherwise, I could possibly take a call Thursday afternoon from Cape Town, SA or you can conference with Nancy without me. I will be on a tight schedule in Africa traveling from Johannesburg to Cape Town to Nairobi. Let me know what works and you can always call me via Skype at +1 302-703-0037. I've put in a call to Nancy and am waiting to hear from her.
Thanks for the update Rebecca. I am sure we will find a suitable compromise to make this work!
160 As to the artist's email, by the words "because of the trade mark State Street Global Advisors has asserted on the name Fearless Girl, contributors may put their names but, they cannot use a logo in conjunction with the work" she understood the artist to be telling her that they, being MBL and its partners, could not have their logos on the plaque and that they could just have their names. She also understood the artist to be saying that using the image of the replica on MBL's and its partners' social media would be fine "so long as the work is positioned as a gift". She had used similar wording in their first telephone conversation and, as then, Ms Hanlan understood her to be saying that they had to install the replica in a public place and use it for the campaign only. She knew that MBL would not be using the Fearless Girl image to advertise its legal services or as part of its brand identity.
161 Ms Wolff's email attached the draft art agreement, making what she described as "some slight modifications" after having reviewed Mr McDonald's comments. Ms Wolff suggested that they arrange a conference call. But Ms Hanlan was unavailable at the time proposed and she asked Mr McDonald to speak to Ms Wolff alone.
162 Before Mr McDonald's call with Ms Wolff, Ms Hanlan exchanged emails with him in which she confirmed that if the presence of logos on the plaque was an issue they could agree to instead just list the names of MBL and its partners. Mr McDonald on 31 July 2018 sent her an email in the following terms:
See attached for a further revised version from Nancy (correcting a minor inadvertent error).
As discussed, Rebecca, our view is that the wording of the "No Branding" clause is a good compromise - and only using the names rather than logos on the plaque should not be a major block to bringing people on board.
As also discussed, we will prepare a brief set of paragraphs for you to use with potential co-contributors, outlining how they may use images of the work and how they may refer to it.
163 Later that day, Mr McDonald called Ms Hanlan to report on his call with Ms Wolff. The next day, Mr McDonald sent her an email to recap on what they had discussed. From her call with Mr McDonald and his subsequent email Ms Hanlan understood that logos could not appear on the plaque but that the names of MBL and its campaign partners could appear. She also understood that no further amendments to the draft art agreement were needed as Mr McDonald was comfortable that the artist was permitting the uses MBL intended to make of the replica in the campaign, and that it was ready for signing.
164 Let me deal with some other emails on 31 July 2018.
165 On 31 July 2018, Ms Hanlan emailed Mr Jacob Varghese, MBL's CEO, to tell him about the project and to get his feedback on potential partners for the campaign. Her email listed some organisations that they were in discussion with. Her email stated:
I wanted to get you across a project you've heard to ensure I've got your input an partners.
I'm looking to build a coalition of 4-6 partners to bring Fearless Girl to create PR around the issue of Gender Wage Inequality. The unveiling will happen on Equal Pay Day in Sept (date TBC) and im also looking to compliment this with a corp engagement event where we can present some research we've done into this issue.
Im trying to finalise all of this within the next 7-10 days so I want to ensure that the below list of potential partners is ok with you.
Based on conversations with you and Andrew W I've dropped AMP. We've got Hesta on board and I'm hoping to get at least one other super fund - this helps build a narrative around wage equality and women's working rights and retirement health etc
Could I please get your feedback on this today?
Ive emailed and texted Steve Bracks but haven't heard back from him (yet).
Thank you and apologies for the timeframe.
166 Also on 31 July 2018, Ms Hanlan sent an email to Ms Pantelidis regarding HESTA stating:
Hesta
Mary delahunty is our contact
She would prefer to be the only super fund But hasn't said it's a deal breaker …
I wonder if we can pitch it as 'super funds have joined together with mb and other partners to shine a light on this very important issue impacting the financial security of all aust working women …' etc
We can arrange a meeting ASAP - I'll set it up with you ASAP
167 On 1 August 2018, Ms Hanlan received an email from the artist. The artist's comments in that email were consistent with what Ms Hanlan understood from Mr McDonald to be the position, being that MBL and its campaign partners could not put their logos on the plaque. The artist said:
I landed in Johannesburg a couple of hours ago and have a message from Nancy Wolff that she spoke with Ian and that he understands why we can't sanction a logo use on the plaque. I also think it would be more elegant to omit them. If you want to order the plaque on your end, just send Nancy and I a copy of the artwork to approve. Otherwise, send me what you want and I will forward it to my plaque company and include the plaque in the crate.
168 On 2 August 2018, Ms Hanlan sent an email to Mr McDonald stating:
With the instructions to partners investing in FG can we also include reference to:
Their financial contribution of $60k (this may come down if I get more partners on board but I'm basing it on six partners)
MB will be the lead sponsor (ie our name positioning will be on top and I'll pick up any potential $ shortfall - thus way FC isn't 'owned' by anyone else in the group
All other sponsors are of equal standing
All partners agree to promote the campaign via their social channels for the duration of the campaign (approx three months) and place their logo on campaign micro site
169 On 5 August 2018, Ms Hanlan received an email from the artist which said:
I am in Kenya now and the wifi is hard to come by. I will return until August 10th. Nancy Wolff spoke with your legal counsel Ian about the particulars regarding SSGA's trademark rights that I am bound by. I hope you will be able to work around that. In regard to the plaque, if you would like to proceed, please send me the copy, layout and the ideal size and I can order it. If you would like to handle it yourself, please have Ian add the caveat that Nancy or I approve your copy before you order the plaque. Send me a copy of the invoice and I will deduct it from the cost. I would love to know your travel schedule with the work if you have been able to define that yet.
170 The artist's comments in that email were consistent with what she understood from Mr McDonald to be the position, being, that State Street (US) held the Fearless Girl trade mark and that MBL and its campaign partners could not use the replica or the words Fearless Girl as a brand or to advertise their services. Her impression was that the artist was broadly repeating what she had told Ms Hanlan in her email of 1 August 2018. By the words "I hope you will be able to work around that", which she understood to be a reference to State Street (US)'s trade mark rights, she understood the artist to mean that she hoped MBL would be able to work within those requirements. Ms Hanlan understood that MBL could not brand MBL's services using the name Fearless Girl and they could not use its logo on the plaque. She was fine with MBL complying with those limitations and thereby working within the artist's requirements.
171 In relation to those two emails of 1 and 5 August 2018, Ms Hanlan did not give much thought to what MBL could not do with the replica, other than lock it up with its branding or put its logo on the plaque, as she had focused on what it could do. She had wanted to ensure that everything MBL wanted to do was expressly permitted by the artist and drafted into the agreement. She was happy to agree not to put logos on the plaque as long as MBL's name and the names of its campaign partners could appear on the plaque in non-logo form.
172 Ms Hanlan had no intention of using the replica or the words Fearless Girl as a logo or as part of MBL's brand identity. Her understanding, based on Mr McDonald's advice and assurances, was that MBL and its partners could use the replica as part of its campaign and that included being able to use images of it and its name for the promotion of the campaign, and to raise awareness of the issues central to the campaign being pay equality and broader gender equality issues. That understanding informed her planning of the campaign, including discussions she had with her creative team and potential campaign partners.
173 During August 2018, she and the creative team continued to contact potential partners for the campaign. In an email to RMIT on 15 August 2018 she noted that "we are inviting businesses, unions, organisations, and corporate & public ambassadors, to join the partnership to drive real change". She also listed some of the proposed elements of the campaign, being "a social media film, microsite, case studies and Fearless Girl".
174 The artist and Ms Hanlan exchanged a couple of emails in August 2018 about a deposit to secure the replica and arrangements for the plaque to accompany it, but there was no further negotiation of the terms of draft art agreement or about what MBL and its campaign partners could or could not do with the replica.
175 Ms Hanlan and other members of the team continued to talk to potential campaign partners, including corporate partners. It took longer than she had anticipated to get organisations on board. It was apparent that they would not be ready to launch the campaign on Equal Pay Day, so they considered whether the campaign launch should be around the time of International Women's Day 2019.
176 On 30 August 2018, she sent an email to the creative team noting that Mr Pharaoh had secured Bendigo & Adelaide Bank as a campaign partner. She did not realise at the time but she had misinterpreted what Mr Pharaoh had told her about Bendigo & Adelaide Bank's commitment. It turned out that whilst Bendigo & Adelaide Bank had indicated real interest in becoming a campaign partner, it had not committed to doing so.
177 On 31 August 2018, she sent an email to the artist that contained a mock-up of the plaque. She noted in that email that three organisations were confirmed, namely, MBL, HESTA and Bendigo & Adelaide Bank, although her reference to Bendigo & Adelaide Bank was premature as I have just said.
178 On 2 September 2018, she received an email from the artist. The artist said "Awesome but you MUST place attribution as well: Fearless Girl by Kristen Visbal and then the other information". The artist did not raise any concern about the identity of the two campaign partners.
179 On 6 September 2018, Ms Hanlan participated in a conference call with Mr Pharaoh, Ms Nealon and Ms Tiffany Hunter of OGB from the creative team and representatives from several prospective campaign partners, including HESTA, Newgate Communications, Bendigo & Adelaide Bank, AMP and the City of Port Phillip. During that call, they discussed the significant research MBL had undertaken about the issue of pay inequality and how to frame the campaign to maximise impact, the planned elements of the campaign, what they would be asking campaign partners to do and the costs of being involved. Following that call, Ms Hanlan continued to contact potential campaign partners.
180 On 14 September 2018, Ms Hanlan emailed Ms Carrie Smith of PwC stating:
Lovely to be e-introduced to you (thank you Michael).
I understand that Michael has given you some background on our campaign and the exciting opportunity to bring Fearless Girl to Melbourne.
I have attached some background but in summary despite sustained efforts by government, private sector and community groups - gender pay equity continues to be a real challenge with forecasts putting true pay parity at least 50 years away.
The facts
• The average pay gap throughout a woman's life is 17.5%
• For each hour of unpaid work a man does, a woman does on average 1.46 hours.
• After a lifetime of work, a woman's superannuation is on average half that of a man's.
However, despite the above, 62% of Australians believe neither they (nor anyone close to them) has ever experienced gender pay inequity.
The opportunity
Maurice Blackburn Lawyers, is seeking to create an equal pay partnership with a number of like -minded companies that are committed to gender equality in their workplaces, and are supporting a campaign calling on the Victorian government to put equal pay for women and men on the agenda in 2019, by establishing enforceable equal pay principles.
We plan to unveil Fearless Girl in early 2019 and campaign/PR a round this issue through to International Women's Day (the day when the gender pay gap is one of the biggest topics of discussion).
There are two ways that you can get involved in the campaign.
1. The first is to financially support bringing Fearless Girl to Australia, and be associated with unveiling her in Melbourne.
2. There is also an opportunity to support a broader campaign that focuses on putting equal pay for men and women on the public and government agenda.
If this is something PWC would be interested in it would be great to have a discuss next week and we can talk through the campaign in more detail.
181 Attached to this email was a document containing details of the marketing campaign which stated inter-alia:
1. BECOME A FEARLESS GIRL PARTNER
Fearless Girl made headlines all over the world in 2017 when it was unveiled on Wall Street as a symbol of empowerment and equality.
We will be bringing a life-sized bronze replica of Fearless girl to Australia, to be permanently housed in Melbourne.
Fearless Girl Melbourne will be one of only a limited number of replicas that have been placed in major cities around the world.
How can I become a partner?
We want genuine business leaders in the area of gender equality in the workplace to contribute financially to bringing Fearless Girl to Melbourne.
What do I get?
• Your company name will feature on the plaque of this iconic artwork.
• Kristen Visbal (the artist behind Fearless Girl) will come to Melbourne to unveil the artwork and is also available to speak at events and support campaign partners in other ways, where feasible.
• Attendance and recognition at an event to celebrate the unveiling of Fearless Girl in it's final permanent Melbourne home.
• Regional roadshow, allowing you to engage with partner stakeholders, clients, and employees (this could be extended nationally depending upon partner requirements).
182 On 16 September 2018, Ms Hanlan emailed the artist to let her know that they were considering moving the date to International Women's Day in 2019. She wanted to check whether the artist was likely to be available at that time.
183 On 17 September 2018, Ms Pantelidis emailed Mr David Atkins, the CEO of Cbus, and Mr Robbie Campo, Cbus' Group Executive Brand, Advocacy and Product, inviting Cbus to consider partnering in the campaign and attaching a version of the partner pack.
184 On 19 September 2018, the artist responded to Ms Hanlan's 16 September 2018 email. In her response the artist noted that State Street (US) had three more replicas of the New York statue and that she was unaware of the planned location for at least one of those replicas. But she noted that SSGA had locations in Australia. When Ms Hanlan read that email she had two concerns. First, she was concerned that State Street (US) might unveil one of its replicas in Australia before MBL was able to launch its replica. She wanted to ensure the success of MBL's campaign and she did not think there would be much media interest in an unveiling of the second Fearless Girl in Australia. Second, she was concerned that if the artist had to be available for any unveiling planned by SSGA she might not be available for MBL's launch event.
185 On 21 September 2018, Ms Hanlan responded to the artist's email stating:
Thank you
That's interesting - so state street has an aust location??
I'd really like to know if they are going to go to aust as that would majority impact on our project as I'm sure you can appreciate! I'm so close now but it would be terrible if we locked it all in and then they unveiled her in aust before iwd!
Thanks for your help Kristen - much appreciated.
186 On 22 September 2018, Ms Hanlan received an email from the artist encouraging MBL to unveil the replica sooner rather than later, that is, in late November or December 2018. The email stated:
That's why I would urge you to unveil in late November or December as a holiday event just to circumvent any potential issue. I will tell you that last I heard, they were targeting the UK, Japan or Hong Kong and their company headquarters in Boston. That was a year ago. They asked to purchase 1 to 2 castings more from me this summer but, I declined as they already own four and, though Fearless Girl has her roots in the financial industry, she has a much broader message than just the assertion of women in finance. The work is a substantial investment, I know, and I want to be perfectly honest. Think about unveiling early away from all the other unveilings. I am making an assumption that the three SSGA castings as well as the German unveiling will occur International Women's Day 2019. The boarding school will unveil next May. I have three others pending. You need to decide whether you want to be part of that wave or just have it be about Australia.
Here are the SSGA Australian offices. Looks like there are 5. Two in Melbourne and 3 in Sydney. I would prefer an unveiling by the people.
One other caveat, I have potentially accepted a new commission against single use plastic bottles as marine pollution. They would like to place the work in New York City or just outside the city at one of the nearby beaches. They still have to approve the budget which I will type up on the plane this evening but, if it's a go, I will need to work wax in November in California and check metal in March some time. I could fly to Australia on Saturday the 23rd and we could unveil the week of the 26th. Try and hammer down your date and I will guide them to an unveiling date that works with our schedule as well.
I am headed out on travel through next Wednesday night but, will be checking email. Hope you're enjoying your weekend!
187 But Ms Hanlan knew that that timing would not be practically possible and she did not propose to bring the unveiling forward. The artist commented, "I am making an assumption that the three SSGA [replicas] as well as the German unveiling will occur International Women's Day 2019. The boarding school will unveil next May. I have three others pending. You need to decide whether you want to be part of that wave or just have it be about Australia". Ms Hanlan took those words to mean that the German unveiling, the boarding school unveiling and the "three others" were not connected with State Street (US).
188 In around late October 2018, Ms Hanlan received an Apple News alert linking to an article in the Evening Standard online about the unveiling of a Fearless Girl replica in London. She then forwarded that link to her contact at Bendigo & Adelaide Bank in the hope that it would inspire it to join the campaign. The article did not say who was unveiling the replica in London, but based on her earlier correspondence with the artist she assumed that it was State Street (US).
189 In early November 2018, Ms Hanlan was told by Ms Pantelidis that Cbus had agreed to come on board as a campaign partner.
190 Further, in early November 2018, Ms Hanlan received a proposal from News Corp listing several media opportunities and ideas with associated costings. Copies of the News Corp proposal were sent to HESTA and Cbus, as well as to other potential partners, as she thought that the prospect of media support from News Corp might encourage the existing campaign partners to increase their contributions or help convince other organisations to get on board.
191 On 9 November 2018, Ms Hanlan sent an email to HESTA representatives stating:
Hope you're both well. I'm conscious I haven't given you an update on Fearless Girl in a while - it's been a bit chicken and egg trying to get the rest of the partners on board but things are progressing well and we are almost there (!)
Partners
• At this stage we have four partners on board and 2-3 who are warm - we are looking to lock everything down within 1-2 weeks max.
Sally Capp
• We have a meeting with Sally on Dec 5 to discuss a permanent home for Fearless Girl so things are progressing well in that area.
Fearless Girl - Amplification Program
With News Limited coming on board as a partner they have offered some media opportunities to support this campaign. For your consideration I've attached an advertising/sponsorship media package that would require additional $ investment as part of the amplification of this event - although this is additional spend it also represents a 'money can't buy' amplification strategy that will effectively promote and leverage your investment in Fearless Girl.
This amplification opportunity includes a full wrap of the Herald Sun, 4 x advertising spots in sport, business and weekend sections of paper, full page advertisement in Stellar Magazine, advertising on digital platform and social platforms as well as a table for 10 at the International Women's Day lunch event (We are still working out the details of this event but we are hoping Audi will be the key sponsor).
Gender Pay Equality Campaign
We would look to launch the campaign early next year in line with the launch of Fearless Girl.
In the attached doc News Limited has suggested March-April campaign period. This is indicative only and something we all need to discuss. At this stage I'd recommend launching a bit before March so we have clear space before all of the media noise created by IWD on 8 March.
It would be great if we could discuss these proposals next week once you have had a chance to review them.
192 On 9 November 2018, Ms Hanlan sent an email to a representative of the Bendigo & Adelaide Bank stating:
I have previously mentioned that one of our partners is News Limited and as a result of this partnership we will be able to access excellent coverage of the FG launch over a 6 week period.
I've attached two media opportunities that would require additional & investment as part of the amplification of this event although this is additional spend it also represents a 'money can't buy' amplification strategy that will effectively promote and leverage your investment in Fearless Girl. There is a sponsorship (advertising component) as well as regional roadshow component.
Advertising/Sponsorship
This amplification opportunity includes a full wrap of the Herald Sun, 4 x advertising spots in sport, business and weekend sections of paper, full page advertisement in Stellar Magazine, advertising on digital platform and social platforms as well as a table for 10 at the International Women's Day lunch event (We are still working out the details of this even but we are hoping Audi will be the key sponsor).
Regional Roadshow
In the proposal we have suggested 3 regional spots but these are negotiable depending upon your interest/preference in locations.
We need to finalise the partners as soon as possible so we confirm timeframes and activation programs (please note the March-April timeframe in the attached document also has some flexibility in it). It would be great if we could discuss these proposals next week once you have had a chance to review them.
193 On 16 November 2018, Ms Hanlan received an email from the artist suggesting a telephone call. Ms Hanlan cannot recall whether she had a call with the artist then. It is more likely that they did not have a call. She had no update for the artist at that stage. She was not then able to tell her where they intended to locate the replica, when it would be unveiled or the final number and identities of the campaign partners.
194 On 1 December 2018, Ms Hanlan sent an email to the artist stating:
Hope you're well. I'm finally in a position to update you. Things are coming together and I'm expecting to be in a position to order our FG before Christmas.
Nearly all of my partners are in place and on 5 Dec I have the meeting with the Lord Mayor about where to house her permanently - somewhere central in the CBD. After that meeting Im expecting to be in a position to lock in remaining details and then get my order into you the following week.
Partners
In addition to Maurice Blackburn the partners I'm in the final stages of negotiation include:
• Hesta and Cbus - these are both superannuation providers and are 100% locked in
• News Limited a large media provider is on board as a media partner so we'll be sure to have everyone hear about FGs arrival
• AFL - I'm in talks with AFL which is the national sport of Australia (Aust Football League) - this would be major to get them involved! (Im sponsoring the AFLW which is the news women's league so I'll be representing women in sport with this alignment which is a super positive thing to do).
• Bendigo Bank will confirm with me next week but I spoke with them yesterday and they are very keen
These are all big high profile blue chip brands who are visible parts of the Vic/Aust corp landscape and community so it's a good result.
Timings
At this stage I'm working to the following timeline:
• Unveil and begin PR for FG in late Feb - get a jump on the International Women's Day (IWD) noise
• Have a corp event on IWD where we have FG there - and hopefully you as a guest speaker (note: IWD 2019 is on 8 March and the theme is #balanceforbetter )
• Tour FG in Victoria - March/April - get her out to regional and rural towns where we can have the communities engage with her etc
How do these timings work for you? Some of our partners would also like for you to be available to talk to their business separately - a staff /client presentation etc (all of their offices are in Melbourne). I've said this is something you'd be open to depending upon scheduling etc. Ill also want to buy a mini FG for each of the partners as I'll give that to them as a keepsake ( think I'll need ten of those in total).
State Street
Do you have any more intel from State St - are they looking to unveil FG in Aust? This is my biggest fear as it's the one thing that could derail all my plans and something I can't really control.
Thank you for sticking with me - I know it's been a long time and but I'm now feeling very confident about it all - I'll let you know the outcome of my meeting with the Lord Mayor next Wednesday.
195 She told the artist that both HESTA and Cbus were on board with the campaign and that she was hoping to get others involved too. She noted that she was speaking to Bendigo & Adelaide Bank, as well as News Corp and AFL Women's. In that email she also asked whether the artist knew whether State Street (US) planned to unveil a Fearless Girl replica in Australia. She was conscious that three months had passed since their conversation in which the artist had told her that State Street (US) owned three other replicas. As noted above, Ms Hanlan had read in the media that a Fearless Girl replica would be unveiled in London. She became increasingly concerned that she could not control whether another replica might be unveiled in Australia prior to MBL's launch event. She was worried that she had overlooked ensuring exclusivity in Australia and she subsequently tried to amend the draft art agreement to include a provision to this effect. The artist responded to her email the same day.
196 On or around 14 December 2018, Ms Hanlan had a telephone conversation with the artist. She discussed the choice of patina for the replica and MBL's progress in finding partners for the campaign. She told her which organisations were already on board, namely, HESTA and Cbus, and who MBL were still talking to, namely, Bendigo & Adelaide Bank, AFL Women's and News Corp. She said to the artist that she hoped to be in a position to order the replica before the 2018 Christmas holidays. She did not recall the artist expressing any concern about the identity of any existing or potential campaign partners. She recalled that the artist said it would be great if Plan International could be involved in the campaign in some way.
197 Further, in that call the artist said to her that State Street (US) had approached her seeking to purchase three additional replicas of the New York statue and that she was in two minds about that request because, as she had told Ms Hanlan in their first call, she thought that the message of Fearless Girl would be better served if it came from a variety of organisations.
198 Now on learning that State Street (US) was seeking additional replicas, it made Ms Hanlan think that State Street (US) must be investing heavily in Fearless Girl, and that made her wonder whether State Street (US) would have an issue with MBL unveiling the replica. She was not thinking about whether State Street (US) had any legal basis to challenge MBL. The negotiations with the artist and Ms Wolff about the draft art agreement had left Ms Hanlan comfortable that the artist had the rights to sell MBL the replica and allow MBL to use it. Rather, her concern was from a marketing perspective. She thought that if she was State Street (US)'s marketing person, she might be annoyed if someone else unveiled another Fearless Girl. That thought made her a bit nervous as by then she knew that State Street (US) was a large, American financial organisation and she was worried about whether they might take issue with the replica.
199 Given her concern, she asked the artist whether MBL should be worried about State Street (US). She recalls saying words to the effect of "Do you think State Street will react to MBL's unveiling of the Statue? Did they react when the Oslo statue was unveiled?" She recalled that the artist said words to the effect of "No, they had not caused any trouble with the Oslo unveiling". That State Street (US) had done nothing about the Oslo replica gave her comfort. In her belief, if State Street (US) was concerned about other people owning and displaying replicas of the New York statue it would have done something about the Oslo replica. She also thought that the artist must not be worried about State Street (US) as she had been very public about her desire to "spread the message" of Fearless Girl by selling replicas around the world. By the end of that call, Ms Hanlan was left with the impression that the artist was still happy for MBL to purchase the replica and unveil it with its campaign partners and that there would not be any issue from State Street (US).
200 In an email of 15 December 2018, the artist again mentioned Plan International. But Ms Hanlan did not contact Plan International. By that stage, MBL needed campaign partners who could make a financial contribution to the campaign.
201 On 21 December 2018, Ms Hanlan received an email from the artist in which the artist asked "What happened with your last partner in Fearless Girl?" and then stated:
Just double checking, none of the sponsors are financial organizations, right? That is the one caveat I must adhere to.
202 It is worth setting out the email in its entirety for context:
I just returned home again last night. I have nothing here from you.
What happened with your last partner in Fearless Girl?
Just double checking, none of the sponsors are financial organizations, right? That is the one caveat I must adhere to.
Are you ready to sign today and do you need an updated agreement with the current date? Shall we both review the agreement and make sure it is current?
If you have selected your patina, I can insert that piece of information in the agreement.
You did say you would sign before Thursday but, did you not say you would be leaving for the holiday on Thursday and then when do you return?
It's 10PM your time on Friday and I don't know if you'll get this. I do wish I had thought to send an email yesterday.
If you get this please let me know the status of our girl!
Thanks Rebecca and MERRY CHRISTMAS!!
203 Ms Hanlan could not recall when she read the email, but she gave evidence about her state of mind when she did read it. When she read it, she checked whether it required any immediate action from her. As she recalled, it did not. She had not yet received confirmation at the time from senior management at MBL that she could order the replica. So, she did not send any response to the artist's email at that time.
204 Now in relation to the artist's question: "Just double checking, none of the sponsors are financial organizations, right? That is the one caveat I must adhere to", Ms Hanlan recalled being somewhat confused by that question. She knew that both Mr McDonald and her had made it clear on several occasions that superannuation funds were going to be partners and she had told the artist in an email that month the identity of those superannuation funds, namely, HESTA and Cbus, and on a subsequent call. So given that, Ms Hanlan assumed that the artist's question was not directed at the two superannuation funds, which she knew were already on board. Ms Hanlan wondered whether she was concerned about Bendigo & Adelaide Bank, which she had mentioned as potentially coming on board as a campaign partner. Given that Bendigo & Adelaide Bank was not yet confirmed as a campaign partner, Ms Hanlan decided to hold off responding to the artist until she could give her confirmation one way or the other.
205 Now I accept Ms Hanlan's evidence that in not responding to the artist's 21 December 2018 email at that time, Ms Hanlan did not intend to conceal from the artist who the campaign partners were. Indeed, she had already told the artist that information on several occasions. Further, I accept Ms Hanlan's evidence that she did not think at the time that she needed to respond to the artist at that time, because what MBL was planning to do was consistent with what was allowed under the draft art agreement.
206 Ms Hanlan did not forward the artist's 21 December 2018 email to Mr McDonald or to any person at MBL, nor did she discuss the contents of the email with anyone. She considered that there was nothing new in the email that required any action from MBL at that time. I will return to discuss the significance of the artist's 21 December 2018 email and Ms Hanlan's approach to it later.
207 Further, on 21 December 2018, Ms Hanlan sent an email to Mr Varghese and Ms Pantelidis, seeking authorisation to commit MBL to purchase the replica. At that time, Ms Pantelidis and Ms Hanlan were aware that HESTA and Cbus were sensitive to being seen to be acquiring the replica with members' money and that their financial contribution was to the broader campaign costs and launch event. Ms Hanlan understood that their concern was that the media might make HESTA and Cbus' use of members' funds the focus of the story, which might risk the campaign message getting lost.
208 On 26 December 2018, Ms Hanlan sent an email to the artist which said:
Merry Xmas Kristen
Unsurprisingly it was overly ambitious getting responses from everyone before they left for Xmas. I'll have a final confirmation w/c 7 jan as we must make a decision either way that week.
I've spoken to our PR agency and we think it might be best to unveil and have an event 7-10 days before IWD -
that's also good for you as it frees you up For iwd too as I'm conscious of us impacting your plans.
I'll talk to you in the new year.
209 Before moving into 2019, I should also note that in December 2018, OGB produced a media strategy stating:
Maurice Blackburn
Media Strategy - Gender Pay Gap / Fearless Girl Campaign
Drafted by OGB, December 2018
This document sets out One Green Bean's recommended approach for driving PR coverage for Maurice Blackburn for the unveiling of Fearless Girl in Melbourne, including the timings, media strategy and key messages.
Our recommendation is to align the timing of the unveiling of Fearless Girl with the planned corporate event, the week prior to International Women's Day. This removes us from the noise of the day itself, but is close enough in timing to still allow us to use IWD in our messaging; and also maximises the time we have with the artist, Kristen Visbal, allowing her to attend both events.
1. OBJECTIVES
• Generate awareness for unveiling of Fearless Girl in Australia
• Position Maurice Blackburn as a leading voice related to workplace equality in Australia, and the driver behind the arrival of Fearless Girl
• Use Fearless Girl to continue to drive conversation around Equal Pay, in the lead up to International Woman's Day on the 8th March
2. CONSIDERATIONS
• Brand presence for Maurice Blackburn
• Media will be able to tell the story of Fearless Girl coming to Melbourne without necessarily giving credit to or including Maurice Blackburn in the story. We will need to work hard to try and guarantee brand mentions and the inclusion of spokesperson quotes in coverage (we can do this more directly with News Corp).
• Timings
• This will be a news campaign, highlighting the arrival of Fearless Girl, with commentary around what this stands for in Australia. We would therefore expect all coverage to land on the day of launch or shortly afterwards
• IWD is on the 8th March therefore our communications should use this as a timely news hook, with the unveiling and corporate event to take place the week prior.
• Leading asset
• Fearless Girl has been widely covered by Australian media in the past however we believe there is still appetite for media to cover it again when it arrives locally. We would recommend using existing pay gap stats to support the unveiling of the statue to ensure the story has additional relevance for local media. Having the artist, Kristen Visbal, here as a spokesperson will be a great asset for media.
• Media
• Although engaging a media partner is a great way of guaranteeing editorial support, it can limit coverage opportunities in competing titles. If News Corp comes on board as a launch partner then this will limit coverage within Fairfax owned titles in particular. We will therefore focus on securing editorial across broadcast titles such as Channel 7, The Project etc, as well as radio and online titles.
• Corporate event
• Maurice Blackburn will be holding a corporate event for key business leaders to coincide with the unveiling and will be inviting The Fearless Girl artist as a key speaker as an additional pull for attendance. This event will not be used as an asset for media and no coverage will be generated on the back of this.
3. KEY MESSAGES
NB. These messages will not be conveyed verbatim
Brand messaging
• Maurice Blackburn is Australia's leading social justice law firm and has a strong focus on the importance of equality in the workplace.
Campaign messaging
• Fearless Girl is today being unveiling in Melbourne, Australia ahead of International Women's Day.
• Maurice Blackburn has brought Fearless Girl to Australia to highlight the gender inequalities that continue to exist in Australian workplaces - including the 21.3% pay gap that still exists between men and women in the Australian workplace.
• There are pay gaps favouring men in every industry and occupation in Australia. Women earn, on average, just 79% of men's full-time total remuneration salaries.
4. SOCIAL MEDIA (owned)
Fearless Girl
• Reveal - Content announcing the statue (time-lapse, 3D image or strong photo).
• Free media - Posting of free media articles discussing the purpose of the statue.
• HONY [Humans of New York, an online publication] - Featuring the artist Kristen Visbal.
• Targeted 'dark posts' with a strong CTA [call to action] driving petition signatures.
Gender pay gap content
Additionally, a piece of video content that speaks more broadly to the issue of the gender pay gap is being developed. This will run on Maurice Blackburn social channels around the same time as we launch Fearless Girl / in the lead up to and on IWD.
All content on social media will drive to our petition calling on more government action to reduce the gender pay gap, encouraging signatures. Campaign partners will also be invited to share content on their channels.
Channels
- Facebook
- Twitter
- LinkedIn
- Instagram
Objectives
- Mass reach
- Awareness
- Drive petition signatures
Hashtags
• #Fearlessgirl
• #IWD #IWD2019
Handles
• @WeFightForFair
210 On 3 January 2019, following confirmation from Mr Varghese that MBL could go ahead with the purchase with only two other campaign partners on board, Ms Hanlan emailed the artist to tell her that MBL would proceed with the purchase of the replica.
211 Ms Hanlan asked: "In respect to State Street - did you make a decision about their request for three additional girls? That's [a] major concern - we can't get trumped!"
212 The artist responded to Ms Hanlan's email. In that email, she asked "may we review the partners?", which Ms Hanlan understood to mean who are MBL's campaign partners? Given that Ms Hanlan had told the artist on several occasions that MBL would be partnering with HESTA and Cbus, Ms Hanlan assumed that the artist was now asking for a complete list in case anyone else had come on board.
213 On 9 January 2019, Ms Hanlan responded by naming the campaign partners and identifying the types of companies that they were, being superannuation. She also told the artist that MBL was still looking for more campaign partners and that they might include "a bank and an offshoot of the defence force" and "the ACTU (aust trade union association)".
214 Ms Hanlan's precise response was:
Just three of us at this stage:
Maurice Blackburn
Hesta (superannuation)
Cbus (superannuation)
Its possible we might also have a bank and an offshoot of the defence force that specialises in women and STEM ie science and technology)
We may also offer the ACTU (aust trade union association) a spot also as they are the biggest champion of workers rights in the country and closely affiliated with us.
215 On 10 January 2019, the artist responded to Ms Hanlan's email. In relation to the identity of the campaign partners, the artist wrote:
OK. Good to know. So long as Maurice Blackburn is signing the agreement. Technically, I cannot sell to another financial company. So long as the work is not used for any commercial or corporate purpose or as a brand identity for your sponsors but, instead is promoted as a GIFT to the Australian people, we are good. As we discussed earlier, unfortunately, we can't use logos on the plaque. I did review all of this with lawyer so, we are in good shape. My agreement with SSGA is written so that another company cannot use the same work to promote their brand. Focus on the fabulous visibility nationally and in the global arena that Fearless Girl provides.
216 At the time Ms Hanlan found the artist's wording to be a bit odd, although she did not analyse each of those sentences in great detail. Her view was that they had already agreed on how MBL and its campaign partners would use the replica as part of the campaign, and she had already told the artist the identities of the campaign partners. Ms Hanlan had always planned that MBL would be the one to sign the art agreement, because she wanted MBL to maintain control over the acquisition process and did not want to complicate the negotiations with additional parties.
217 It seemed to Ms Hanlan that the restrictions the artist referred to around branding and financial services must be a repetition of restrictions in the "no branding use" clause. The draft art agreement had been negotiated by their respective lawyers and she understood the outcome was that it would be fine for MBL and its campaign partners, including superannuation funds, to use the replica in the ways Mr McDonald had set out. As MBL's plans for the campaign had not changed since the time that the draft art agreement was negotiated, she did not consider that there was any new issue being raised by the artist. The artist's comment that "I did review all of this with lawyer so, we are in good shape" confirmed Ms Hanlan's understanding that there was no new issue to be concerned about. Her understanding then remained the same as her understanding in early August 2018, being that MBL and its campaign partners could use the replica as part of the campaign, which included being able to use images of it and its name for the promotion of the campaign and to raise awareness of the issues central to the campaign, being gender pay equality and broader gender equality issues.
218 Ms Hanlan did not forward the 3 to 10 January 2019 emails to Mr McDonald or anyone else at MBL, nor did she discuss the contents of the emails with anyone. It did not occur to her to do so, given that her understanding was that the artist was happy for them to proceed as already agreed. I will return to discuss the significance of all of this later.
219 Following the 3 to 10 January 2019 emails, Ms Hanlan exchanged several emails with the artist regarding the patina, minor amendments to the draft agreement and arrangements for her trip to Australia. At no point did the artist make any comment or complaint about the identity of MBL's partners in the campaign, HESTA and Cbus.
220 Over the course of the development of the campaign, Ms Hanlan had been involved in several discussions about potential locations for the replica both before she contacted the artist and afterwards. She had considered the Collins Arch development in the Melbourne CBD, the City of Port Phillip and Marvel Stadium in the Docklands precinct of Melbourne, but none of these were her preference. Her understanding was that Collins Arch was owned by Cbus and a benefit of installing the replica there would be that they would not have to get council permission.
221 In mid-January 2019, Mr Pharaoh was contacted by the Speaker of the Victorian Legislative Assembly who suggested that the replica could be placed in Federation Square in the Melbourne CBD. At that stage they had been pressing the City of Melbourne Council for a location on public land without success.
222 In Ms Hanlan's view, Federation Square seemed like a good option for several reasons. First, it received a lot of foot traffic. Second, there was enough space to place the replica and allow members of the public to take photographs with it. Third, similarly to Collins Arch there would be no need for council approval.
223 On 11 January 2019, Mr Pharaoh sent Ms Hanlan an email making suggestions for the campaign. Ms Hanlan did not agree on some aspects as representing the scope of the campaign.
224 On 18 January 2019, Ms Hanlan met with representatives of both HESTA and Cbus about the campaign and launch event. Before the meeting she circulated several documents that set out aspects of the planned campaign. At the meeting they discussed the various elements of the campaign, including the unveiling of the replica, the campaign film, the campaign pledge, the microsite and the media strategy.
225 I note that there was an OGB document circulated by Ms Hanlan to representatives of HESTA and Cbus for the purposes of a meeting on 18 January 2019 to discuss the campaign and launch event which stated:
FEARLESS GIRL / EQUAL PAY CAMPAIGN
Background: Ahead of International Women's Day on March 8, 2019, Maurice Blackburn and partners are launching two connected campaigns to raise mass awareness of the inequalities that continue to prevail in Australian workplaces.
Objectives: Position Maurice Blackburn and supporting partners as leading voices in issues related to workplace equality in Australia by asking the Victorian Government to support equal pay by creating enforceable equal pay principles.
Success of this campaign would result in the Vic government making equal pay a priority for the state government by using their position as the state's largest employer and their procurement power to create enforceable equal pay principles for government employees as well as incentives for private sector employers to adhere to the 5 point pledge
I pledge to support gender equality in my workplace:
1. I pledge to commit to gender pay equity and completing a gender pay audit
2. I pledge to implement a flexible work policy
3. I pledge to support a safe and respectful workplace
4. I pledge to support progression and leadership opportunities for women
5. I pledge to implement a family violence leave policy
Key messaging:
• Fearless Girl is today being unveiled in Melbourne, Australia ahead of International Women's Day.
• Fearless Girl is a powerful representation of the fight for equality in the workplace - from the gender pay gap, to equal representation between men and women at board level and in senior positions within organisations, to building workplace cultures that are free from harassment and supporting both diverse and flexible working needs.
• Maurice Blackburn in partnership with Hesta and Cbus have brought Fearless Girl to Australia, to highlight the inequalities that continue to prevail in Australian workplaces - including the 21.3% pay gap that currently exists between men and women employed in Australia.
• There are pay gaps favouring men in every industry and occupation in Australia. Women earn, on average, just 79% of the full-time, total remuneration salaries earned by men.
Approach: Implement strategic PR and social campaigns that drive mass awareness and generate widespread support of the issue.
Dissemination will be via supporting partners - Maurice Blackburn, HESTA, Cbus, participating unions and supporting corporates to support via social media channels and digital channels (video).
Assets: Video, microsite, assets for industry and corporate partners.
Call to action: Show your support by sharing this campaign - calling on the Victorian Government to make equal pay a reality by 2020.
Campaign: Fearless Girl Equal Pay (Playing
(Activation) Grown Ups)
Overview: Implement a strategic media campaign, unveiling Fearless Girl to major print, broadcast and online titles in the run up to International Women's Day 2019. Create an engaging content piece that highlights the five main reasons behind the gender pay gap by using children to extenuate the inequalities of Australian workplaces.
Objective: Mass awareness Support and shareability
Audience: Political stakeholders, business and consumers through top tier news, business and lifestyle media titles. Consumers through social media targeting and partner channels.
Assets: - Statistics and interviews - Hero video
- Launch video/ image opportunities - Shareable assets (industry focused)
- Artist imagery and quotes - Influencer content
Timings: W/C Feb 25 W/C Feb 25 / w/c March 4
Call to action: Show your support and help call on the Victorian Government to make equal pay a reality by 2020. Show your support and help call on the Victorian Government to make equal pay a reality by 2020.