Copyright in Business: What You Own, What You Don’t, and Why It Matters

Blockchain & CryptoCorporate & CommercialFintechTechnology

21 Apr

Introduction

In a world where content is created, shared, and monetised at the click of a button, copyright is one of the most important legal tools available to protect your business’s creative assets. Yet despite its significance, copyright remains one of the most misunderstood areas of law, particularly when it comes to ownership.

Whether you are commissioning a brand identity, publishing marketing materials, or developing digital platforms, it is critical to understand your rights—and your risks.

What Is Copyright?

Copyright is a form of intellectual property, which means it protects creations of the mind. Under the Copyright, Designs and Patents Act 1988 (CDPA 1988), copyright applies to original works that are recorded in some form—written, drawn, filmed, coded or otherwise saved in a tangible format.

These include:

written content (e.g. reports, blog posts, software code);
artistic works (e.g. logos, packaging, illustrations);
music and lyrics;
films, videos and broadcasts;
sound recordings and photographs; and
layouts of publications (e.g. magazines, brochures).

Importantly, copyright arises automatically when the work is created. For example, suppose your business engages a marketing agency to produce a short promotional video for a new product. The moment the video is filmed and edited, it is protected by copyright—regardless of whether it has yet been published or shared. However, unless the contract clearly states that copyright in the video is assigned to your company, the agency will retain legal ownership, even though you have paid for the work.

Who Owns the Copyright?

Ownership of copyright can be surprisingly complex. Under section 11(1) of the CDPA 1988, the default position is that the creator of the work is the first legal owner.

However, there is an important exception: if the work is created by an employee in the course of their employment, the employer is the first owner (s.11(2)). This applies only where the individual is employed under a contract of employment and the work was done as part of their duties.

This rule does not apply to work produced by contractors, freelancers, or agencies. In those cases, the copyright remains with the creator unless it has been properly transferred in writing.

The legal mechanism to transfer copyright is a written assignment. This must be signed by the assignor (i.e., the creator), and clearly identify the rights being transferred (s.90(3)). Simply paying for the work does not transfer copyright—ownership must be explicitly agreed in writing.

The reason this is important is for example, a tech startup commissions a contractor to develop proprietary software. The founder assumes they own the IP because they paid for it. However, without a signed assignment, the developer remains the copyright holder and may even retain the right to reuse or licence the code.

How Long Does Copyright Last?

Copyright lasts far longer than many realise. For most works, including written and artistic works, it continues for 70 years after the death of the creator.

Other types of work have different durations:

Sound recordings: 70 years from publication,
Films: 70 years after the death of the last surviving key contributor (e.g. director, composer),
Broadcasts: 50 years from the date of broadcast.

This duration means that copyright can continue to protect commercial assets for decades, making it a valuable and often overlooked component of a company’s intellectual property portfolio.

What Counts as Infringement?

Copyright gives the owner the exclusive right to copy, publish, perform, display or adapt the work. If someone else does any of these things without permission, they are infringing your rights—even if they do so unintentionally.

Common infringement risks include:

using images or text from the internet without a licence;
republishing articles or blogs without consent;
reproducing competitor marketing materials; and
sharing copyrighted music or video content on social media platforms.

There are narrow exceptions, such as using a short extract for purposes of criticism, review, or news reporting—but these are limited in scope and rarely apply in commercial settings.

Infringement can result in legal claims, reputational harm, takedown notices, damages, and in some cases, criminal liability.

Conclusion

Copyright may be automatic, but ownership is not. Businesses must take steps to ensure they have the rights they need to use, adapt, and commercialise the creative assets they rely on.

At a time when branding, content, and code often define a company’s value, copyright is far more than a legal technicality—it’s commercial security.

If your business is commissioning creative work, distributing content, or concerned about infringement, contact a member of our commercial team by completing the form below or by contacting Arianne King.

This article is intended for information purposes only and provides a general overview of the relevant legal topic. It does not constitute legal advice and should not be relied upon as such. While we strive for accuracy, the law is subject to change, and we cannot guarantee that the information is current or applicable to specific circumstances. Costigan King accepts no liability for any reliance placed on this material. For further details concerning the subject of the article or for specific advice, please contact a member of our team.