Intellectual Property Basics for Small Creators

Copyright

Protects original creative works — writing, music, images, film, software — and generally arises automatically on creation without registration in most countries.

It protects the expression rather than the idea. Two people can write about the same subject; neither can copy the other's text.

Duration is typically the life of the creator plus several decades, varying by jurisdiction and work type.

Registration is not required in most systems but is available in some and can assist with enforcement and damages. Keeping dated records of creation is useful evidence regardless.

Who owns it

Generally the creator, with an important exception: work created by an employee in the course of employment usually belongs to the employer.

Commissioned work from a freelancer typically remains the freelancer's copyright unless assigned in writing. This surprises many clients who assume paying for work means owning it.

If you commission work, get a written assignment. If you are commissioned, be clear about what you are transferring and price accordingly.

Trade marks

Protect brand identifiers — names, logos, slogans — in connection with particular goods and services.

Registration provides considerably stronger protection than unregistered use, and is territorial: a registration in one country does not protect you elsewhere.

Search before adopting a name. Discovering an existing registration after building a brand is expensive, and rebranding is far costlier than a search would have been.

Licensing

Licensing permits use while retaining ownership; assignment transfers ownership outright. The distinction matters enormously and is frequently blurred in informal arrangements.

Licences should specify scope: what use, where, for how long, exclusive or not, and whether sub-licensing is permitted.

Open licences such as Creative Commons have specific conditions, and using material under them requires complying with attribution and other terms.

Using other people's material

Assume material found online is protected unless clearly stated otherwise. Absence of a copyright notice does not mean absence of copyright.

Exceptions for criticism, review, quotation, parody and research exist in most systems but are narrower than commonly believed, and vary considerably between jurisdictions.

Stock libraries provide licensed material with defined terms. Read whether the licence covers commercial use, and keep the licence record.

If your work is copied

Gather dated evidence of your creation and of the infringement, including screenshots with URLs.

A polite initial contact resolves many cases, since some infringement is genuine ignorance.

Platform takedown procedures are effective for online infringement and are usually free.