Intellectual Property & Owning your Assets

23 Sep

Let’s talk Intellectual Property.

WTF is IP?

Essentially, it’s everything which is created for use within or by your business. It encapsulates everything from your logo, to your products, your contracts, resources you offer, handbooks and, of course, your copy. These things are collectively referred to as: your business assets. Now, I know IP is not a particularly ‘sexy’ topic, but knowing where you stand when you outsource is absolutely necessary. Why? Because when you engage someone to create assets for your business, it’s important to know who remains the owner of that asset, even after it’s been given to you to use.

I know you’re thinking: What do you mean? So, if I ask a copywriter to produce a web page for me, they can lay claim to owning it, even after I’ve paid them?

In short: yes.

Some designers, writers and other creators will ask to retain ownership over the assets they create due to copyright restrictions, to remain in control of how the asset is presented (as a means of preserving the way their brand is represented), or for other purposes. Some will transfer ownership completely with no restrictions, and others will do something somewhere in the middle.

Whether you retain ownership of the assets you’ve commissioned, or if you’re under an IP agreement, knowing the regulations around what you’ve signed up for is all part of being an informed business owner.

Most will include a clause in your agreement / contract which outlines information about IP and ownership. However, if they don’t, it’s always a good idea to ask your service provider so each of you has the chance to voice your expectations.
Pro tip: remember everything is negotiable. If you’re unhappy with the way your chosen contractor has outlined IP ownership rights, open a discussion and negotiate a custom clause to include in your signed agreement before work commences or payments are made.
Now, because it’s the question burning in your mind, let me give you the answer straight up:

I do not retain ownership of your copy once handover is complete.

(Note: I do include a clause in my agreement which states I am entitled to keep a copy of the work I create, so I can use it in my own marketing, education and other business purposes. However, my clause also outlines that I will never publish copy which violates yours or your business’ privacy.)
Well, it’s simple really: it’s to protect us both.

In giving you ownership of the copy, you can:
- use it however (and wherever) you like
- edit, change and update it at your leisure
- use it without being obliged to credit me (though, I do love it when you do give a shout out or pop my name in your website credits!)
And from my end, it means I’m not held accountable for the accuracy or recency of your copy.

Now, if that last statement scares you, let me clarify: I always do my best to ensure your copy is as current and as true as possible. However, there’s two key factors at play with this:
1. I may not be an expert in your field
2. My job is to sell your offering
So, while I spend time researching your stuff to make sure I’m making relevant and accurate claims, my research can only get me so far. (After all, you’re the expert in what you sell!) And, as an expert in persuasion, my job is to use subtle selling techniques to encourage your reader to purchase. This means my focus is always on highlighting the benefits of your offering to your customer.
My packages are all inclusive. This means I build in time for research, revisions and edits when I quote your project. And if I have questions along the way, I’ll always reach out to you for clarification.

I’m not interested in handing over sub-par copy which includes falsified claims and obtuse selling techniques which disregard reality. We’ll work together to refine and edit your copy, pulling your expertise in at every step.