With AI lawsuits making headlines across the internet, the subject of copyright has become a hot topic of late. Most people are aware of copyright as it pertains to books or movies, but in the previously wild west of the internet, the importance, or perhaps the understanding of how copyright functions online is a bit lost.
Digital content falls under copyright law the same way the novels or tv shows do. Someone owns the copyright to everything you see online, well, almost everything.
What is Copyright?
Copyright refers to the ownership of intellectual property, similar to a patent or trademark. What makes copyright distinct is that it is inherent. You don’t have to register work to have copyright on it; you have copyright simply by virtue of having made it. While the laws surrounding copyright differ slightly from country to country, the principle remains the same.
The U.S copyright office defines copyright as “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Slightly different, the Canadian Intellectual Property Office outlines that copyright “applies to original literary, dramatic, musical, and artistic works that are in a fixed material form (i.e., written or recorded).” The office also outlines what precisely the copyright holder owns under the Copyright Act.
In Canada, copyright gives an artist or creator the following:
- “The sole right to produce or reproduce that work or a substantial part of it in any material form.
- The sole right to perform that work or any substantial part of it in public.
- If the work is unpublished, the right to publish it or any substantial part of it.”
Why is Copyright Important?
Copyright is the backbone of creative industries. It is how work can be exclusively produced, how usage rights can be assigned, and how artists make money. But it is also important in a marketing context.
What would you do if someone copied and pasted your entire website and used it as their own? What can a brand do if someone uses their logo? What recourse exists when someone claims your blog post is theirs?
The answer feels obvious; you’d sue. And the reason you can sue is simple: you own the copyright.
But what happens when you don’t own the copyright?
Who Owns the Copyright of a Blog Post?
The initial owner of any creative work, including a blog post, is the creator. This means the content writer owns the copyright of their work until it is otherwise assigned. Most full-time writer contracts include a clause giving the copyright to the organization they work for. This contract clause is important; it’s what gives a company ownership over their website copy, their slogans, and all other marketing materials created.
Is Copyright Included in Freelance Rates?
Not all freelance contracts include copyright. Freelance writers may or may not sell their copyright alongside their content. Without a contract clause explicitly stating that a writer is assigning their client the copyright of their work, that work remains the property of the writer.
There are a few reasons a writer may not include copyright in their prices; most notably, they might do this to keep their rates lower, since copyright is more valuable and would warrant charging higher prices.
What happens when copyright isn’t included in a freelance contract?
In instances where copyright isn’t included in a freelance contract, the company will be given what are called usage rights. This means the owner of the work has given the company permission to use the work for an agreed-upon purpose.
What Are Usage Rights?
Usage rights refer to the agreement between parties for a copyrighted work to be used or reproduced. These rights, of course, come with conditions that are typically outlined in a contract. Notably, standard usage rights don’t give you exclusive access to a work; the copyright holder can still use their work or even sell it to another party. To ensure exclusive use, a party needs exclusive usage rights.
Exclusive usage rights are the right to be the only one using or reproducing a piece of copyrighted material. Exclusive rights are typically more expensive but ensure that no one else, not even the copyright holder, can reproduce or use the work.
Is AI Material Copyrightable?
The short answer, no. Copyright can only be held by a person, and it is always held by the creator of the work until otherwise sold. This means that if a work is entirely AI generated, no one holds the copyright for the work; it is what is referred to as “open source.” Anyone can use it for any purpose at any time.
This legal principle was most recently upheld in the U.S. when the supreme court refused to hear a dispute regarding the ownership of AI work, upholding existing precedent.
For content marketers, freelance and in-house, this has huge implications. It is critical that an organization owns the rights to or the exclusive usage rights for their website material. This prevents competitor copycating and gives them the right to sue should their core messaging be stolen.
As a freelancer, it means that you can’t charge those premium rates for copyright if you’ve used AI in your work, since you yourself don’t own the copyright.
Effective Content Marketing Requires Copyright
Copyright is the backbone of all creative fields, content marketing included. In the digital world, owning your work is just as important as in the physical one. It builds your brand, it maintains your rights, and it gives you a platform you can profit from. It protects you.
What is an inventor without a patent? What is a business without a trademark? What is a writer without copyright? The answer: in trouble.
Next time you’re using AI, hiring a new team member, or negotiating a freelance contract, consider how copyright will impact your content marketing efforts and what kinds of rights you need to make your marketing efforts a success.
If you’re looking for a content writer who puts your needs first, then reach out, and let’s discuss how copyright-proof can help your business grow. You can also learn more about my content writing services here.
Dayna Lang 