Copyright 101: What Entrepreneurs Should Know

Copyright law is complicated—even for many attorneys. But ignoring it isn’t an option. Whether you’re a startup in Boulder or a freelancer in Kansas City, understanding copyright law is essential to protecting your work and avoiding legal trouble.

This post will break down key copyright concepts, including ownership, protection, and infringement. 

(Confused about IP? Learn the differences between copyrights, trademarks, trade secrets, and patents here.)

What is a copyright?

A copyright gives the owner exclusive rights to control their original work. This includes the right to:

• Reproduce the work
• Distribute the work
• Publicly display or perform the work
• Create derivative works based on the original

Copyright law prevents others from exercising these rights without permission for the duration of the copyright term.

What kinds of works do copyrights protect?

Copyright protection applies to a wide range of creative works, including:

• Music, art, literature, and choreography
• Business documents, presentations, and marketing materials
• Computer code and software

However, copyright does not protect ideas—only the specific way those ideas are expressed.

How do you secure a copyright?

Copyright protection automatically begins the moment an original work is fixed in a tangible medium (such as written on paper, saved on a hard drive, or recorded on video). Registration with the Copyright Office is optional but recommended, as it provides additional legal benefits and enforcement options.

Who owns the copyright?

Copyright ownership depends on how the work was created:

• The creator is the default copyright owner unless an exception applies.
• If the work was created by an employee in the scope of their job, the employer owns the copyright.
• If an independent contractor created the work, the contractor owns it unless there is a written agreement stating it is a work made for hire and/or ownership is assigned to the hiring party.

Copyright protection lasts for the life of the creator plus 70 years, and in some cases, even longer.

What constitutes copyright infringement?

Copyright infringement occurs when someone exercises one of the exclusive rights above without permission. The infringing copy does not need to be identical. If it is substantially similar, it may still constitute infringement.

How to protect yourself:

• Avoid copying others’ work, and ensure your employees and contractors do the same.
• Monitor the market to detect and address unauthorized use of your work.

What about fair use?

Some uses of copyrighted material are allowed under fair use, such as for criticism, commentary, education, or parody. However, fair use is narrowly applied, and assuming a use qualifies as fair use without legal advice can lead to significant legal risks.

Final Thoughts

Copyright law is one of the most powerful tools for protecting creative and business assets. Whether you’re a startup, freelancer, or small business in Colorado, Kansas, Missouri, or beyond, understanding how to secure and enforce copyright protection is key to safeguarding your work.

*This article is general in nature and is not legal advice.