These terms may be used interchangeably when referring to writing, but they have different meanings when it comes to copyright law. The goal of this post is to help you understand the differences so you can use the right term at the right time.
Copywriting vs. Copyright
“Copywriting” is a catch-all term used to describe the process of writing for others to read, which can include everything from press releases to web content to e-mail campaigns. From a legal perspective, “copywriting” often refers to the writing of ads, brochures, and other marketing materials, as well as product descriptions and instructional materials for customers. These are types of written work that can be protected by copyright law.
By contrast, “copyright” is the legal right to reproduce, distribute, and display a work or part of one, which covers the making of derivative works, such as books, poems, movies, and music. This can include all of the above as well as interactive works, such as websites.
So when you’re writing to attract potential customers, you’ll often hear the words “copywriting” and “copyright” used together. While you’re unlikely to run into trouble with copyright over the copy you write for yourself or your friends, be careful not to violate any intellectual property rights when working for others. Depending on how much you’ll be charged to write this content, you may want to consult an intellectual property lawyer to make sure you’re doing everything by the book.
The Difference In Substance
In addition to the above, “copywriting” has come to mean the style and manner of writing used to create the content. Thus, an ad that uses words and phrases that are characteristic of a well-written sales pitch, could be considered “copywriting.” This is in contrast to a more journalistic approach that aims for more objective information and avoids excessive use of “pro-company” and “company-sponsored” words and phrases. Despite the fact that both forms of writing can be considered “copywriting,” the former is often considered to be of a higher quality and is, therefore, more valuable.
Who Protects What?
Unlike with most other types of legal documentation, such as contracts and leases, where “each party” or “the company” is responsible for protecting their own interests, with copyright law, it’s usually the author or creator of a work that is the one responsible for protecting it. This includes music and other multimedia content, such as short films and photographs. In other words, while it’s not unusual for a company to hire a professional copywriter to create a marketing pitch or other types of documentation, the company usually doesn’t have the copyright lawyer drafting the contract.
It is, however, becoming more common for companies to outsource some of their legal work to profit-minded law firms that specialize in this area, and it’s not unusual for those firms to include an inhouse lawyer who specializes in intellectual property as part of the team.
In general, the more valuable the content is, the more rights the owner will want to protect it. As a result, it’s important to follow the guidelines set out by the owner of the copyright, regardless of whether you are a freelance copywriter or a full-time engineer. Just make sure you’re not doing anything that could be considered unethical or unlawful.
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