This blog is written by the very amazing Clare Veal. A Commercial Solicitor superstar, and our official #LegalMiM. Specialising in commercial contracts, intellectual property (including trademarks), e-commerce, consumer and data protection.
Marketing is an incredibly exciting career to be in – full of creativity and ever-evolving as digital possibilities develop and trends rise and then either fade away or change the way we do things forever. You must have your finger on the pulse. You must think creatively and produce content that stands out. The problem is that good content is converted, and so it’s crucial that you protect yours.
Let’s be honest, no one is likely to steal the script or copy the design of Jaguar’s latest TV or billboard ads. Partly because it would be so well known that an imitation would be obvious, but also because they are a big brand and established business with litigious power. Still, everyone – from freelance marketers to large corporations and agencies – has exactly the same legal rights when it comes to intellectual property, and the right to assert them.
In this article, we’ll demystify copyright for marketers, explore ways to protect your rights and help you stay compliant with copyright law.
The Legal Low-Down On Copyright in The UK
In the UK, copyright needn’t be applied for – it’s automatically assigned to the author of the work.
Works might include –
- Artwork and illustrations
- Photographs
- Articles, blogs, books, scripts and other written content
- Websites, graphic designs, logos, technical drawings, templates, etc
- Media created, including music, video, any audio and even social media content
- Computer software (including the code)
Any work you create belongs to you, unless you have been employed to produce it or you licence it to somebody else. If this applies, it must be done so formally. As a freelancer, this would likely be on your terms and conditions (more on this later). If you’re employed by a company, anything you produce for the company will commonly be its intellectual property, as likely stipulated in your employment contract.
Protecting Copyright In Marketing
Although you do not legally need to do anything to protect your work, there are steps you can take to reduce the chances of copyright being breached.
A copyright legend is a clear and simple way to do this and can be used on digital and hard-copy assets. A copyright legend is a symbol, usually accompanied with a disclosure. This universally recognised symbol – © – can serve to let others know the work belongs to you/the company and must not be copied, and should be partnered with a short statement to include the year, who the copyright belongs to and a disclaimer of this. For example, © 2025 Aubergine Legal Limited. All rights reserved.
Copyright legends can also be used to provide a point of contact for those wishing to enquire about the usage of the work. In which case, you might share a link to an online form or an email address. It can be useful to do this in circumstances where you may give permission for usage or be willing to license usage. The purpose of the copyright legend is not to protect your work legally, since it is already lawfully yours. However, these serve as a reminder and deterrent for those who might be tempted to copy your work, whether maliciously or due to a lack of legal understanding, which can happen more commonly on social media.
Watermarks
Watermarks can be a useful way of protecting artwork, illustrations and photography. Especially if your work is for sale.
There are also other tools you can use to make it more difficult for digital works to be copied, such as encryption, as well as tracking tools to notify you if your image has been used elsewhere.
Tools and Platforms
Marketing professionals will often rely on a number of platforms and tools to create assets, such as Canva, Adobe, Trello, etc. Although such tools and platforms have advanced productivity, it’s important to be certain of who owns the work produced using them. Each platform will have its own terms of use, and they do vary, so taking some time to research restrictions (read the terms – I know they’re long) is strongly recommended.
Video creator, CapCut, for example, grants you copyright over work you create on their platform. However, they also retain the right to use, modify, display and even distribute your creations (via the company ByteDance and their affiliates and partners). They can even sub-license the rights to your work without further permission.
Although these terms are common on many platforms, it’s essential that you understand the risks and ensure your employer or clients are comfortable with the licensing terms of the platforms you’re using.
When Should Freelancers Sign Over Copyright
Freelance marketing often relies on the ability of the freelancer to produce work that the client can then use for their business, without restriction. Therefore, many freelancers will opt to fully assign copyright of the work they produce for the client to the client. This is standard, in particular for work deemed essential to the brand’s identity (e.g., logos, taglines, campaign materials intended for long-term use).
Assigning copyright would be agreed within the supplier agreement or terms and conditions, and you may choose to assign copyright after the work is received by the client or when payment for the work is received. The latter can provide further protection for freelancers against late payments or failure to settle invoices.
In some cases, licensing the work may be more appropriate. Licensing means the freelancer maintains ownership over the work but grants the client permission to use the work under agreed conditions. These may restrict usage for a fixed period (such as a marketing campaign) or they may operate under a non-exclusive licence, meaning the freelancer can license the same work to multiple clients.
Non-exclusive licences may be used, for example, for template assets created by the freelancer that can be repurposed to meet particular client requirements, but that the freelancer may want to reuse. For instance, a content planning document or project framework.
Again, licensing terms should be agreed in the terms and conditions or supplier agreement prior to work commencing.
It’s important to note that fees for licensed work are often lower than when full copyright is assigned to the client.
When considering your options on assignment vs licensing, you should ask yourself whether you have a genuine need to use the work again, or licence it elsewhere, and whether by not assigning copyright you are impacting the value of the work for your client.
Using Client Work In Your CV or Portfolio
Technically, freelancers cannot publish your work once they have assigned copyright over to your client, and that extends to your portfolio. Obviously, this impacts a freelancer’s ability to build their business, and therefore some freelancers opt for granting a perpetual licence, which allows for ongoing use without expiry but still stops short of transferring ownership.
Another option is simply to seek written agreement from the client to use their work in your business promotions. This can be a preferred choice for both parties since it allows terms for usage to be negotiated, such as agreeing to private sharing but not public republication.
This second option is wise for employed marketers also. You may wish to showcase work you have done previously to secure new employment, if you are going freelance or just on professional networking platforms like LinkedIn during or after your employment. It is completely normal and acceptable to list projects you worked on for an employer, provided you clearly state that the work was done as part of your role at that company. However, you should not disclose any information that could be deemed private, such as source code or reports. You should also be transparent in regard to your role in the creation of such material and not misrepresent yourself in your contribution to linked/cited works.
Ensuring you don’t breach copyright
As technology advances, especially in the field of digital marketing, it is becoming harder for marketers to ensure they’re staying compliant.
The first step is understanding copyright law, as explained in this guide. So, what have we learnt? We’ve learnt that under UK law, copyright is automatically assigned to the author of the work – so if you didn’t create it, you can’t use it. At least, not without written permission from the originator (which you are free to request).
Therefore, marketing professionals will often rely on licensed materials such as stock images, videos, templates, etc. These companies/platforms license the work for your usage, but you should carefully read the licence agreements and understand the terms, including any restrictions.
Similarly, when outsourcing work, ensure you have a written agreement regarding copyright assignment or licensing.
Important – When you create work using a licensing platform, you or the company you work for may be licensed to copyright, but clients haven’t been. In some cases, this means you cannot transfer ownership of these assets to the client, or it may simply mean they are beholden to the same agreement you have with the platform. You should make clients aware of this. Many marketers/companies instead opt to use platforms the client is subscribed to, creating work as part of their ‘team’ or as a ‘licensed user’, so the rights chain is clearer.
Caution And Consent Are Key
When it comes to copyright, always assume content is protected unless otherwise stated. Whilst you’re highly unlikely to use images of Disney characters in your work (they’re protected and very litigious), it is easy to assume that social media and other highly shareable content is not protected, but it is. When in doubt, seek permission, and even with licensed materials, make sure you understand the terms and restrictions.
For more legal guidance, as well as contract templates, checklists and video explainers for marketing professionals, head to my dedicated Marketing Legal Services hub CLICK HERE
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