Picture this: you are an artist or an influencer and you create content for a brand that you work with. Who owns the copyright to that content? Whether it is a video, a photo, an article, or even artwork– who has control over it once it is created?
LawSocial is here to answer this question for you and give you some tips on how to protect yourself in the process. Let’s dive in!
What is copyright?
When it comes to copyright ownership, there are a few key points to consider. First and foremost, it is important to understand the concept of copyright so that you can have a better understanding of who would own the rights to the content in question.
Copyright is a form of legal protection that gives creators exclusive rights over their work. This includes the right to copy, distribute, display, or modify the work without permission.
Who owns what?
In the vast majority of cases, the creator of any artwork or content has ownership over it- not just rights to use, but full copyright and ownership of all intellectual property.
This means that if you create a video for a brand, they typically do not own the copyright, you do. Consequently, you can decide who can use it, how it can be used, and where it can be used. You also have the right to make changes or additions to your work without permission from anyone else.
That being said, if the brand paid for your services and was expecting exclusive usage rights over the video, they may be able to negotiate those terms with you as part of their agreement.
Therefore, brands can acquire the rights by adding a clause in your contract that provides that you assign the copyright to them or grant them certain usage rights.
It also is important for brands and agencies to remember that even though they may own the copyright on certain pieces of content you created, they do not necessarily have full rights over those pieces of content. For instance, many influencers will require approval before any edits are made- This way brands should always check with creators before making any modifications to their material.
Protecting Yourself
As an artist or influencer working with brands, it is important to take steps to ensure that your work is protected from unauthorised use. One way to do this is by including clear language in your contracts about who owns what and how long each party can use the material for.
To learn more about clauses that can protect you should someone try to steal your ideas or artwork without permission, please read our article about Contract clauses to look out for as a content creator.
Besides, remember that if you incorporate any copyrighted material such as music or images into your content, you too may need to obtain permission or a license from the owner of that material to use it.
To sum up
Usually, unless specified otherwise in the contract, the creator would be considered the rightful owner of the work whatever content they create.
To protect yourself from potential issues, make sure that all agreements are reviewed by legal experts before signing them off! Our team of solicitors is equipped to help you determine where everyone stands legally speaking. Please contact us today if you need to review a contract.
