If you’re running a business, especially one that trades in ideas, design, content or code, your intellectual property (IP) will be one of your most valuable assets. Whether you’re a creative agency, a tech startup, a freelancer or a consultancy, you’ll need to make sure that you protect what you’ve built.
So, how can I protect my business with copyright?
A great place to start is with the contracts you use every day and more specifically, the copyright clauses in those contracts. These are often overlooked or skimmed past, but they’re a really important part in safeguarding ownership, avoiding disputes, and giving you control over how your work is used.
In this blog, we’ll break down how copyright works in contracts, what to include in your terms, and how to make sure you’re protecting your business properly.
What is copyright and why does it matter?
Copyright is a legal right that protects original works of authorship. Think photography, written content, website copy, software code, branding, music, video, illustrations, and even presentations or strategy documents. The minute you create something original, you automatically own the copyright to that work. There isn’t anywhere to register your copyright (unlike registering for a trademark) which is why making sure your contracts are clear is vital.
Without a contract in place (or without the right clause), you could accidentally give away those rights when delivering work to a client or collaborating with another business. This can cause headaches later on, especially if your work is reused, modified or monetised in ways you didn’t expect.
So, how can I protect my business with copyright?
The answer lies in having clear, well-drafted copyright clauses in your contracts. These clauses should:
- Define who owns what: are you transferring the copyright to your client, or just giving them a licence to use it?
- Set out how your work can be used: for example, can it be shared, modified or resold?
- Limit the risk of infringement or confusion: especially when multiple parties are involved.
- Clarify what happens: especially in the event of termination or if payment is withheld.
Getting this wrong can have serious consequences and can lead to disputes about who owns the rights to the work.
Copyright clauses in client contracts
Let’s say you’re delivering a brand identity for a client, or building a custom software tool. It’s common for clients to expect to own the final product but that doesn’t mean they automatically own the copyright.
Unless your contract expressly assigns copyright, you (as the creator) retain ownership under UK law. That might sound good but if not addressed properly at the outset, it can also create confusion or damage the client relationship.
Your contract should include a clause that says one of the following:
- Assignment: You’re transferring ownership of the copyright to the client. This needs to be clear and in writing.
- Licence: You’re retaining ownership, but giving the client permission to use the work in a specific way (e.g. non-exclusive, for internal use only, time-limited).
If you’re licensing the work, be specific and include terms such as duration, territory, scope of use, and whether the licence is exclusive or not.
Copyright in employee and contractor agreements
It’s a common misconception that anything created by an employee automatically belongs to the business. While that’s often true during the course of employment, it’s not always clear cut, especially for freelancers or contractors.
If you’re hiring someone to write, design, code or build something, you need a contract that clearly states that the copyright will be assigned to your business upon payment or delivery.
Without this, the freelancer may legally retain the rights — which could limit your ability to use, reproduce, or modify the work later on.
Things to watch out for
- Template contracts without custom clauses
Generic contracts often skip over IP ownership or include vague wording that’s open to interpretation. If your business relies on its output, it’s worth investing in contracts tailored to your needs.
- Collaborations and joint ventures
If you’re co-creating something with another party, make sure you agree upfront who owns what, and vitally, what happens if one party wants to step away.
- Subcontractors
If you’re outsourcing any element of a project, make sure there’s a clear chain of copyright assignment from subcontractor to you, and then to your client (if needed).
- Global usage
If your work is being used internationally, you may need to consider copyright laws in other jurisdictions or at least include a governing law clause to cover this.
What happens if copyright is breached?
If someone uses your work without permission, you may be able to take action for copyright infringement including damages, injunctions or enforcement through the courts.
But having a strong contract in place makes this much easier to enforce and may prevent the breach from happening in the first place.
What should I do next?
If you’re asking “how can I protect my business with copyright,” then here are some practical steps:
- Mark up your original content with the copyright symbol © making it clear to others that the content is not to be reused without permission.
- Review your existing contracts, especially with clients, freelancers and collaborators.
- Get clarity on who owns what in your business and your supply chain.
- Use copyright clauses that match how you want your work to be used and enforced if needed.
- Get advice if you’re unsure especially when working internationally or in complex partnerships.
At Jamieson Law, we help scaling businesses get their contracts watertight, avoid legal headaches, and protect the value they’ve built. If you’re unsure where you stand or want to sense-check your terms, book a free discovery call with our team.
Need help reviewing your contracts? Get in touch with us here or email info@jamiesonlaw.legal to book your free discovery call. We’re here to help you protect what matters most.