Copyright 101 for Freelance Writers

Being a freelance writer can be an exciting and rewarding gig. You get to work from anywhere, set your own hours, and write about things you’re passionate about. But with all that freedom comes a need to understand the legal side of things, especially when it comes to copyright. Let’s talk about why knowing about copyright is crucial for you as a freelance writer. 

What is Copyright?

First off, what exactly is copyright? Simply put, copyright is a form of protection given to original works of authorship, including literary works, music, and art. If you create something original, like an article, a blog post, or even a catchy tagline, copyright ensures that you have the exclusive right to use, distribute, and sell your work. This protection begins as soon as your work is created and fixed in a tangible form – no need to file paperwork or anything. However, registering your work can provide additional legal benefits, such having a certificate that proves you are the copyright owner, which can be useful when filing for copyright infringement. 

Why is Copyright Important? 

So why should you, as a freelance writer, care about copyright? For starters, it helps you protect your work from unauthorized use. Imagine spending hours crafting a beautifully written article, only to find someone else using it without your permission. Knowing your rights can help you take action if that happens. You can issue a cease-and-desist letter, seek legal remedies, or negotiate a licensing agreement that compensates you for the use of your work.

Another consideration is monetization. When you understand copyright, you can license your work to others, earning additional income. For example, you can sell exclusive or non-exclusive rights to a piece you’ve written. This means you can keep generating income from your work long after you’ve finished writing it.

Plus, being savvy about copyright enhances your professional reputation. Clients and collaborators will see you as someone who knows their stuff and takes their work seriously. This can lead to more opportunities and potentially, better pay. 

Legal Implications and Risks

On the flip side, not understanding copyright can get you into trouble. If you unknowingly infringe on someone else’s copyright, you could face legal consequences. This might mean paying hefty fines or even facing lawsuits, which is a nightmare scenario for any freelancer. It can also damage your reputation, making it harder to find work in the future.

It’s also crucial to understand concepts like fair use and the public domain. Fair use allows you to use limited portions of copyrighted work without permission under certain conditions, like for commentary, criticism, or educational purposes. The public domain, on the other hand, includes works that are not protected by copyright and can be freely used by anyone. Some examples are Rizal’s written works, or that of Francisco Baltazar. In general in the Phillipines, works become public domain 50 years after the death of it author/s, but this may vary by country. 

Copyright, IRL

Here are some real-life examples. There’s the case of a freelance writer who didn’t understand copyright and ended up copying a few paragraphs from a well-known book in an article. The author of the book found out and sued for copyright infringement. The freelancer had to pay a hefty fine and lost a lot of credibility in the industry.

On a more positive note, there’s the story of a writer who registered her series of blog posts. When a major website wanted to use them, she was able to negotiate a lucrative licensing deal because her copyright was properly registered. She made a good chunk of money and built a solid reputation.

Another relevant example involves the use of “CTTO” (Credit To The Owner) on social media. Many people think that simply adding “CTTO” when sharing someone else’s content, like a photo or article, is enough to respect copyright laws. However, this can lead to serious legal issues. For instance, a freelance photographer noticed that one of her photos was being widely shared on social media with “CTTO” but without her permission. She took legal action against several users, leading to settlements and public apologies. This situation highlights that crediting the owner is not the same as getting permission to use their work.

Protecting Your Bread and Butter

Understanding copyright is vital for freelance writers. It protects your work, helps you monetize your creations, and enhances your professional credibility. It also shields you from legal risks and helps you navigate the complex world of intellectual property. So, take some time to learn about copyright – it’s an investment in your future as a writer.

Better yet, grab a copy of The Written Property – A Freelance Writer’s Guide to Copyright by the Freelance Writers’ Guild of the Philippines here, available in softbound and digital versions. This book was published with the support of the Bureau of Copyright of the Intellectual Property Office of the Philippines.