Can You Copyright Something You Didn’t Create?

Don’t Try to Copyright Something You Didn’t Create

For small business owners and entrepreneurs, understanding copyright laws is essential—not just to protect your own creations, but also to avoid legal risks. Copyright is a critical component of intellectual property (IP) law, and navigating its nuances can be tricky. One question that arises frequently is, Can you copyright something you didn’t create?

Spoiler alert: The answer is no, with a single important exception. The copyright attorneys at Emerson Thomson Bennett will break it down for you, explaining how copyright works, the legalities of copyright theft, and real-world examples. By the end, you’ll understand how to handle copyright issues and protect yourself legally.

What is Copyright and How Does it Work?

Copyright protection exists to safeguard original works of authorship, including art, music, written works, software, video games, and more. It’s an automatic right — once a work is created and fixed in a tangible medium, copyright protection begins.

Originality is the Key

To copyright something, it must be an original work of authorship. This means the work must be:

1. Created by you.
2. Expressed in a tangible medium (e.g., written text, recorded music, or programmed software).

Importantly, copyright does not protect ideas, methods, or concepts. It only protects the expression of those ideas — like a story rather than the idea of storytelling itself.

Can You Claim Someone Else’s Work?

If someone else created the work, you cannot claim copyright over it unless specific legal conditions are met, otherwise, it’s copyright theft. Attempting to do so is considered copyright infringement, even if your intentions were harmless.

For example, if someone creates a logo for your business but you attempt to copyright it without getting legal ownership, you could face legal action from the original designer.

The One Exception to Copyright Theft

The major exception to this rule involves “work for hire” agreements or legally assigned rights:

• Employee-created works: When an employee creates a work within their employment scope, the employer typically owns the copyright.
• Commissioned works: You can own the copyright if an independent contractor, such as a graphic designer or writer, assigns the rights to you through a legal agreement.
• Business partnerships: Investors, publishers, or collaborators may co-own or acquire ownership rights through contracts.

For instance, a record label holds the copyright of an artist’s recordings if the artist has signed a contract relinquishing or sharing that ownership. This is now copyright theft.

What Happens When Copyright is Violated?

Copyright infringement occurs when someone uses a copyrighted work without the owner’s permission. This includes copying, distributing, performing, or claiming ownership of the work.

Legal Consequences of Copyright Theft

1. Lawsuits and Damages: The rightful copyright owner can file a civil lawsuit. If you infringe knowingly, you risk facing statutory damages, which could range from $750 to $150,000 for willful infringement, in addition to their legal fees.
2. Public Reputation at Stake: Legal disputes often harm your brand’s reputation. Corporate lawsuits involving copyright misuse send a message of unprofessionalism to potential clients and collaborators.
3. Willful vs. Unintentional Infringement: Courts consider whether infringement was intentional. Willful infringement attracts stricter penalties and higher financial consequences.

Examples of Costly Intellectual Property Mishaps

To understand the risks, here are two real-world examples from the business landscape:

• The Led Zeppelin Case: Iconic rock band Led Zeppelin faced allegations of copyright infringement when their hit “Stairway to Heaven” was claimed to have borrowed key elements from the song “Taurus.” Although they were ultimately cleared, the legal battle lasted years and left them embroiled in controversy.
• The Two Publix Logos: A well-known Florida-based grocery chain, Publix, was sued for trademark/copyright violations regarding its logo design. The plaintiff alleged that the emblem’s layout appeared too similar to theirs.

Contact ETB Law to Help Navigate Copyright Laws

Copyright laws exist to foster creativity and safeguard the hard work of creators. For entrepreneurs, understanding these laws is a must—it prevents legal headaches and ensures smoother business operations. While you can’t copyright something you didn’t create, with contractual agreements and ethical practices, you can still use and benefit from others’ work within the bounds of the law.

If you’re grappling with copyright questions, our attorneys can help. Contact us today for a consultation.