Understanding UK Copyright Law: What to ask before using someone else’s creative work
Understanding UK Copyright Law: What to ask when working with designers, writers, illustrators and photographers before using their creative work
How UK copyright law could impact your business
As a business owner, you may need to commission content and creative work regularly. That might be a graphic designer for your branding, marketing materials or website, a photographer for your social media, or a copywriter for a brochure, website or newsletter.
Here’s what you need to know. If you use someone else’s creative work without the proper permissions, you could be exposing your business to legal risk.
In the UK, copyright protection applies automatically when original work is created. There is no need for a formal notice. However, unless you’ve been given specific rights, you may not be legally entitled to re-use or adapt the creative work you have paid for or commissioned.
This guide outlines the questions you should ask before using or adapting someone else’s creative work. It will also help you remain compliant with UK copyright law and safeguard your business from avoidable and potentially costly legal
What is UK Copyright Law and why should business owners care?
In the UK, copyright law protects original creative content from the moment it is made. This includes:
Written text and copy
Photographs and illustrations
Logos and visual designs
Videos, animations and audio content
Using someone else’s work without the right licence can result in serious consequences. The legal consequences and sanctions can include:
Takedown requests
Financial penalties or settlements
Harm to your business reputation
Suspension of advertising or website accounts
As a business owner, it is essential to understand what you can and cannot do with the work you commission or find online. This includes artwork that has been created by someone else that you may hold as digital copies or have access to via a printer or other supplier.
Key questions to ask before using someone else’s creative work
Here is a helpful checklist of the most important questions to ask any creative professional before you publish or reuse their work:
Ownership & Rights
Who owns the copyright?
Are you the original creator?
Do you have the right to license this work to me?
Usage & Scope
What am I allowed to do with the work? For example, can I use it on my website, in printed materials, or in advertising?
Can I make edits or adaptations such as cropping, translating or rewording?
Is the licence exclusive or non-exclusive?
How long does the licence last?
Is usage restricted to the UK, or does it cover international use?
Legal & Financial Protections
What happens if there’s a copyright dispute in future?
Do you provide any warranties or legal protection?
Will there be any additional costs or royalties later?
Attribution & Credit
Do I need to credit you publicly? If so, what wording should I use?
Can I use the work without a visible credit or watermark?
Where can things go wrong when using other people’s creative work?
Paying for a logo or design but not owning the rights
You hire a designer who emails your completed logo or the digital artwork for an agreed design. You then assume you own the design because you paid for it. However, unless your contract states that the rights have been transferred, the designer still owns the copyright.
Using a stock image without proper licence
Your designer downloads a stock image and includes it in your website design. If the licence does not permit commercial use or was not transferred to you, your business could be held responsible.
Publishing content written for you that is reused elsewhere
You publish a blog article commissioned from a freelance writer. A few weeks later, you find the same content published on another site. If your agreement did not include exclusive rights, this could impact your SEO and brand trust.
Five ways to protect your business from copyright infringement
Always request agreements in writing. Make sure the terms are clear before work begins.
Request a rights licence or transfer. This document outlines what you can legally do with the work.
Keep a clear record of all emails, invoices and contracts. These are vital if or when a dispute arises.
Remember that paying for work does not automatically mean you own it. Ownership must be explicitly transferred.
Work with reputable professionals who understand copyright and are transparent about usage rights.
FAQs for Business Owners
I paid for a design. Why don’t I automatically own it?
UK law automatically attributes copyright ownership to the creator. Unless you have a written agreement that transfers these rights to you as a business owner do not use someone else’s creative work for purposes other than those confirmed in writing or within their scope of work.
Can I reuse copywriting content on different platforms?
Yes, but only if your agreement allows for that. Some designers and writers may legitimately limit how or where their content can be used. As a business owner, you are legally obliged to seek permission before using or reusing someone else’s creative work.
Is it safe to use images found through Google search?
No. Most images on the internet are protected by copyright. You need to seek permission or a proper licence from the copyright owner before using them.
How can I prove I have the right to use creative work?
You should request a licence agreement or signed rights transfer from the copyright owner. Keep the licence agreement or signed transfer of rights on file for future reference, in case you are required to prove you have the required permissions to use someone else’s creative work.
Can I edit creative work, or ask someone else to edit creative work, I’ve paid for?
You can only edit someone else’s creative work if your contract or licence permits it. Otherwise, changes to someone else’s creative work may be in breach of UK copyright law.
What if I want to include someone else’s creative work in a product that will be for sale?
In these circumstances, you will usually require extended or commercial rights for resale purposes. By being upfront about how you plan or may need to use someone else’s work you are more likely to find people will be accommodating. In most cases, owners of a creative copyright are happy to agree a reasonable fee for their work being re-used or included in a product for resale. What you shouldn’t do is use someone else’s creative work without their prior and written permission.
To protect yourself, always consider your legal obligations
As a business owner, it is essential to understand your legal obligations when using someone else’s creative work. Asking the right questions, being honest and upfront, and requesting the correct legal permissions will ensure your business is protected. It will also help you to build stronger and trusting relationships with the creatives experts you are paying to help your business.
If you are unsure about any aspect of UK copyright law, or if you would like our help to create content or creative work that’s customer-focussed, legally compliant and built with integrity, contact Creative Insights. Click the link below to schedule a call.
