We wrote this copyright strategy guide for creatives who want to supercharge their creative business by understanding copyright law.
Every creative is in the copyright game, but too many don’t know the basics of copyright law. This makes it hard for them to get paid and maintain control over their creative vision.
Our copyright strategy guide offers creatives an excellent starting point for learning about copyright law. This allows them to avoid common mistakes and use the law to grow a more robust creative business.
Copyright law forms one of the vital legal foundations for any creative business.
Why should creatives care about copyrights?
Copyrights power all creative work.
Creatives owe it to themselves to understand how they work. This copyright strategy guide for creatives will help any creative business owner who wants to use the power of copyrights to flourish.
Ultimately, a copyright gives the person who creates something the sole right to make copies of that thing and sell it. Copyright law lets you confidently create something and share it with the world, knowing that the law has your back if someone copies it without your permission.
Use this guide as a starting point for learning how copyrights work – and be sure to click through the links to get more in-depth (and when you’re ready to apply what you’ve learned, join us in the Creators’ Legal Program).
What does a copyright protect?
Copyrights protect creative works. This includes most things you will create while building a creative business.
That includes things like:
- Books
- Movies
- Choreography
- Sculpture
- Photography
- Poetry
What does a copyright not protect?
Copyrights do not protect:
- Brands
- Recipes
- Ideas
- Customer lists
- Slogans
- Short phrases
Brands are essential to consider, and trademark law protects them. Since every creative business owner has a brand, every creative business owner needs to learn about trademarks.
How do you get a copyright for your work?
The person who created the work gets the copyright upon making the work.
That means that if you write a book or shoot a video, you immediately get the copyright in that work.
However—and this is huge—to get absolute copyright protection, you must register it (see below).
Do you need to register your copyright?
You don’t need to register your copyright, but it’s essential to prevent others from using your creative work.
Timely copyright registration will let you sue infringers, get enhanced damages, and get attorney fees if you have to go to court. These copyright registration benefits will be a game-changer if a conflict arises.
Where do you go to register your copyright?
You can go to the United States Copyright Office website to register for a copyright. They offer an online form to register your copyright; however, many creatives seek lawyers’ support to ensure they get everything right.
What happens if you don’t register your copyright?
If you don’t register your copyright, you can’t sue people who infringe on your creative work.
Also, you might lose other benefits of copyright registration, such as attorney fees and enhanced damages.
What if I need to register a lot of different stuff?
If you have to register a lot of different stuff, you can register multiple items as a group, depending on whether they have been published.
So, if you need to register ten different works, group copyright registration means you can register them all together and not have to pay the registration fee ten times.
What about a “poor man’s copyright”?
You might have heard about a “poor man’s copyright” – where you mail yourself a copy of the work that you want to get a copyright for.
Some think this offers an alternative approach to registering your copyright with the United States Copyright Office. It does not.
How does copyright work if I made something with someone else?
When two or more people create something together, we call that a “joint work of authorship.”
By default, works created as a joint work of authorship are divided equally among the creators. That means that each creator has the power to do things with the creative work as long as they account for the other creators.
Contracts can change these default arrangements.
Who owns the copyright if I create something for my client?
By default, if you are a creator and make something for your client, you would own the work.
This gives creators much power when working with clients if they understand how this works.
Using a well-written creative services agreement, you can change how the copyright is passed to your client. You can even condition the transfer of the copyright on complete payment.
Note that it works differently if you are an employee of a company.
Who owns the copyright for something I made at work?
Generally, if you make something as an employee of a company, your employer owns what you create while at work.
This is called work-for-hire. Understanding this is imperative, especially if you are starting a business while working for someone else as an employee.
What does it mean to license my copyright?
Licensing your copyright means allowing others to use it if they pay whatever agreed-upon fee or exchange.
This means you can retain much control over your work as a creator while letting others use it to make money.
Often, we advise our clients to license creative works rather than sell them outright.
What do I do if someone rips off my creative work?
When someone rips off your creative work, it’s called copyright infringement.
If that happens, seeking legal counsel to understand your rights and remedies is vital.
What are some copyright mistakes that people make?
The biggest copyright mistake that most creators make is not understanding copyright law.
By reading this copyright strategy guide for creators, you’ve already gone far to avoid that mistake. The more you know about copyright law, the more you can use it to your advantage and avoid some other copyright mistakes creators make.
How do I take action to apply copyright law in my business?
It’s easy to feel overwhelmed by the legal stuff, making it tempting to avoid it.
Successful creatives work with lawyers specializing in helping creative people grow their businesses.
An excellent creative lawyer will help you make and execute a plan to use copyright law and avoid common mistakes. Working with a professional saves you much time, money, and stress when dealing with copyright issues.
You can contact us whenever you’re ready to supercharge your business using copyright law.
