Navigating Copyright in Business
When you are starting or growing a business—whether you run a design studio, launch a tech startup, or build a personal brand—you will inevitably deal with intellectual property (IP).
And one of the most misunderstood forms of IP is copyright.
In this post, we will explore:
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How copyright differs from other types of intellectual property
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What copyright actually protects (and what it does not protect)
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How the “idea/expression” rule works in practice
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What happens when the author is anonymous
1. Copyright vs Other Intellectual Property Rights
Many business owners think copyright protects everything they create. That’s not true.
Copyright is just one type of IP, and it works alongside other forms such as trademarks, patents, designs, and trade secrets.
Here’s the basic difference in words:
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Copyright protects original creative works—like texts, photos, videos, music, illustrations, software code, website content, and marketing materials. It arises automatically when you create something and fix it in a tangible form. You do not apply for it.
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Trademarks protect brand identity—such as names, logos, slogans, or distinctive packaging. They must usually be registered and can last forever as long as you keep renewing them and using them.
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Patents protect technical inventions and innovative processes. They require formal examination, and they usually last around twenty years.
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Design rights protect the visual appearance or shape of products. Some design rights are automatic, while others require registration, and they usually last for a limited number of years.
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Trade secrets protect confidential business information, such as recipes, formulas, or customer lists. They are not registered, but you must actively keep them secret.
Key point:
Copyright covers creativity, not branding, inventions, or confidential business data.
So, while your logo might be protected by a trademark, your website articles are protected by copyright.
2. What Copyright Really Protects
Copyright does not protect thoughts or ideas floating in your mind.
It protects the original expression of an idea—the way you shape and present it in a tangible form.
For example:
If you write a business eBook, the text, images, and layout are protected by copyright.
But the concept of “teaching entrepreneurs how to write business plans” is not protected. Anyone can write their own book on the same subject, as long as they don’t copy your specific content.
This is crucial for businesses:
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You don’t need to register copyright—protection starts automatically when your work is created.
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The work must be original, meaning it shows at least some creative effort and is not simply copied from someone else.
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It must be fixed in a form, like written down, recorded, filmed, or saved as a file.
3. The Idea/Expression Divide
One of the strongest rules in copyright law is the idea/expression divide.
In simple terms:
Imagine two companies who both want to build an eco-friendly clothing brand.
Company A writes its own product descriptions, designs original logos, and takes unique photos of its clothing.
Company B builds the same kind of brand, but creates completely different photos, texts, and designs.
Even though both had the same idea, Company B has not infringed copyright—because it did not copy the expression of Company A’s idea.
They created their own.
Why it matters:
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You are allowed to take inspiration from others.
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But you must create your own materials from scratch.
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Copying someone else’s wording, layout, videos, or photos would likely be infringement.
This rule protects fair competition: it allows many people to work on similar ideas while still rewarding originality.
4. When the Author Is Anonymous
Sometimes, creative works are published without showing who the author is.
This can happen when:
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A marketing team produces content as a group without individual names
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A company pays freelancers or agencies to create work
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A business uses a pen name or brand name instead of a real person’s name
Even if the author is anonymous, copyright still exists.
The law usually says that:
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The copyright term is counted from the date of publication (for example, 70 years from first release) instead of the life of the author.
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If the real author is revealed later, the term may be recalculated as “life of the author plus 70 years.”
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If the work is created under an employment or work-for-hire agreement, the company usually owns the copyright, not the individual.
Practical tip:
If your business hires someone to create content, design, or software, make sure your contract says that your company will own the copyright.
And always keep proof of who created the work and when, even if you don’t publish their names.
5. Why This Matters for Your Business
Understanding copyright will help you:
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Protect your original content from being copied
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Avoid legal trouble by respecting other people’s works
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Secure your rights when hiring or collaborating with creators
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Build your brand safely while competing in the market
Remember: copyright protects your creative expression, not just your business idea.
Ideas are free — your unique work is what the law protects.
Q1: Which of the following is protected by copyright?
A business eBook text and layout
A brand name or company logo
A business idea written in a notebook
Q2: What is the idea/expression divide in copyright law?
Ideas are free, but their original expression is protected
Only registered works are protected by law
All business concepts are automatically copyrighted
Q3: How can a company ensure it owns the copyright in works made by a freelancer?
By including a clause in the contract assigning copyright to the company
By simply paying the freelancer on time
By publishing the work anonymously
