Copyright and Intellectual Property

The Code of Practice states: “Respect intellectual property rights in all work” and the Code of Conduct requires that “we do not plagiarise material.”

Understanding copyright is essential for protecting your work, respecting others’ work, and setting clear expectations with clients.

In the UK, copyright arises automatically when you create original work. No registration is needed.

What’s protected:

• Written copy (articles, web pages, scripts, etc.)
• Creative concepts and expressions
• Original arrangements of information

What’s not protected:

• Ideas, concepts or facts (only the expression of them)
• Short phrases, titles, slogans (usually)
• Common arrangements or formats

Copyright protects how something is expressed, not the underlying idea. You can write about the same topic as someone else, but you can’t copy their words.

By default in the UK:

• Freelancers — you own the copyright to work you create
• Employees — your employer owns the copyright to work created during employment

However, most commercial copywriting involves transferring or licensing copyright to the client. This should be addressed clearly in your contract.

Common arrangements:

• Full assignment — copyright transfers completely to the client upon payment
• Exclusive licence — you retain copyright but grant exclusive use to the client
• Limited licence — you retain copyright and grant use for specific purposes only

Most clients expect full ownership of the copy they commission. This makes logical sense because they’re paying for work they’ll use in their business.

Standard approach:

Most freelance copywriters assign copyright to the client upon full payment. Your terms might say:

“Upon full payment, copyright in all deliverables passes to the Client.”

Portfolio rights:

Even when you assign copyright, you can retain the right to use work in your portfolio. Include this in your terms:

“The Copywriter retains the right to display work in their portfolio and promotional materials.”

Unpaid work:

If a client doesn’t pay, copyright typically remains with you. This gives you leverage as they can’t legally use work they haven’t paid for.

Don’t use others’ work without permission. This includes:

• Text — don’t copy from other websites, even competitors
• Images — use properly licensed stock or commissioned photography
• Data — cite sources and respect reproduction rights

Fair dealing exceptions:

Limited use is allowed for criticism, review, quotation, news reporting, and research. But commercial copywriting rarely qualifies for these exceptions.

Creative commons:

Some work is released under Creative Commons licences that allow reuse. Always check the specific licence terms, as some require attribution and others prohibit commercial use.

Trade marks are different from copyright. They protect brand names, logos and slogans that identify products or services.

When writing about other brands:

• You can mention trade-marked names in factual contexts
• Don’t imply endorsement or association that doesn’t exist
• Use ™ or ® symbols if required by the brand owner
• Be careful with comparative advertising claims

Creating brand names:

If you’re developing brand names for clients, they should search the trade mark register before committing. Existing registrations can block use of similar names.

Copyright issues are usually straightforward if you address them clearly upfront. Include IP terms in your contracts, respect others’ rights, and be careful with AI-generated content.

When in doubt about specific copyright questions, recommend your client seeks legal advice. IP law has nuances that go beyond general guidance.