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Guidance

A quick guide to protecting your creative work

If you are a self-employed creative, understanding copyright and other intellectual property rights can help you protect your work, keep control of how it is used and make informed decisions about your rights.

Intellectual property and why it matters

  • Intellectual property protects the creative work you produce, such as music, text, film, design, performance and art.

  • It helps you control how your work is used and to earn income from it.

  • This guide focuses on copyright. Other intellectual property rights such as trade marks or designs may also be relevant to your work

  • Copyright is automatic in the UK - you do not need to register it.

  • It gives you rights to control whether and how your work is copied, shared, and adapted.

  • It protects works across a range of media and distribution channels, from printed books to digital video shared over the internet.

  • It also includes moral rights, such as the right to be identified as the author of a work, where asserted in writing, and the right to object to derogatory treatment of a work.

  • For original artistic, literary, musical and dramatic works, copyright usually lasts for the life of the creator plus 70 years.

  • Some creative works (e.g. films, songs, and stage productions) usually involve more than one type of right.

  • Performers also benefit from related rights, which provide similar protection for their performances. Among others, this includes the right to consent to the exploitation of their performance and to object to derogatory treatment of their performance.

Simple ways to protect your work

  • Keep clear records of when and how you created your work.

  • Use copyright statements, watermarks or metadata where appropriate.

Ownership of your work

Copyright ownership depends on how a work was created and any contract you may have signed. In general:

  • If you create something yourself, you will usually own the copyright.

  • If you create something in collaboration with others, copyright will usually be owned jointly with the other creator(s).

  • If you are commissioned to create a work, you will usually own the copyright, but joint ownership could apply if the person commissioning you has collaborated with you as part of the creative process.

  • If you create something during the course of employment, copyright will usually be owned by your employer.

  • A person commissioning a work may sometimes have an ‘implied licence’ to use a creative work for the purpose it was created, even where ownership remains with you.

  • Copyright ownership can be transferred by contract. To avoid uncertainty, it is best to agree ownership and any licensing arrangements in writing before work begins.

How to license or transfer your work

  • You can license your work to others, for example for use in a film, advert or campaign, while retaining ownership of it.

  • You can also transfer, or assign, your rights, but this usually means giving up control of the work. In the UK, an assignment of copyright is only effective if it is in writing and signed by or on behalf of the person transferring the rights.

  • Both can be done for payment, or you can choose to make your work available for free. A licence may also include conditions on the type of use that can be made with the work.

  • You can manage licensing yourself through a contractual agreement. You could also authorise a third party such as a licensing body, agent or publisher (where applicable) to license on your behalf.

  • More information about licensing bodies, including Collective Management Organisations, and their services can be found here: Licensing bodies and collective management organisations - GOV.UK

  • Before signing a contract, check the terms carefully. It is advisable to seek legal advice from a qualified legal professional. If you are a member of a trade union, they might also be able to give you advice or information on contract terms.

  • It is helpful to make licensing conditions clear when you make your work available or advertise it, so that users understand how they can use your work and when they need to contact you for permission.

  • You can make it easier for people to understand who owns a work and how it may be used – for example, by applying metadata, by adding clear website terms and conditions, and by using technical tools to manage access and use.

Using other people’s work

  • Before using someone else’s work, consider whether your intended use is restricted by copyright. If so, permission from the copyright owner will usually be required.

  • There are exceptions to copyright that, in limited circumstances, allow someone to use or copy another person’s work without permission.

  • Copyright exceptions are limited and depend on the circumstances, so it is important to check the rules carefully before relying on them.

  • Copyright exceptions differ between countries. For example, the US has a ‘fair use’ principle, which does not exist in the UK.

  • Always check whether something is free to use and whether any licence terms or conditions apply.

If someone uses your work without permission

  • Consider whether the use infringes an act restricted by copyright, whether any exceptions apply, and whether it is affected by any contract that you have entered into.

  • It is usually up to the rights holder to enforce copyright, whether through negotiation, mediation or legal proceedings.

Further help and support

This guide is intended to help self-employed creators understand ways to protect their creative works and is not a substitute for legal advice. It is recommended that you obtain legal advice in circumstances where you have specific questions relating to the law.

If you want to explore a topic in more detail, the Intellectual Property Office (IPO) offers a range of practical tools, guidance and updates to help self-employed creatives understand and use intellectual property with confidence.

The IPO offers a set of IP for Business tools on its website, bringing together practical guidance and support. As creative work develops, IP can help with more than protection, it can also help freelancers manage their rights and build income from their work.

The IPO also offers training through its IP Masterclass, which helps business advisors build their understanding of IP so they can offer better support to creatives and small businesses.

For those looking to work internationally, the IPO offers support through its International IP Service, its global IP attaché network, and guidance on enforcement and insurance. This can help if creative work is being sold, shared or protected overseas.

Regionally, the IPO works with Growth Hubs, combines authorities, local authorities, the British Library’s Business & IP Centres, Patent Libraries, and a range of business support and innovation organisations to deliver face-to-face guidance, workshops and training across the UK. Through these partnerships, we help ensure creatives can access support that reflects local priorities, opportunities and business needs.

The IPO also shares ongoing guidance and updates through GovDelivery bulletins, Case Studies, Blogs and Webinars, helping creatives stay informed as their work develops.

You can use the links below to explore specific topics in more detail, depending on what you need next.

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