Sales Pitch | ©Mr Daniel M. Fisher | A Creator's Guide to Copyright and Licensing.
- ©Mr Daniel M. Fisher
- 5 days ago
- 3 min read
Updated: 1 day ago
A Creator's Guide to Copyright and Licensing. is a type of intellectual property that protects original creative work (e.g., photos, poems, paintings, films, etc.). If you create something original, you automatically own the copyright, unless you are a work-for-hire employee, in which case your employer owns it.
Your legal rights as a copyright owner include deciding:
Who can use your work
Where it can be published
When it can be shared
How it can be displayed or modified
Licensing vs. Transferring Rights
✅ Licensing (Temporary)
You can license your work, meaning you allow others to use it under specific conditions.
Licensing is temporary and limited—you still own the copyright.
⚠️ Transferring Copyright (Permanent)
You can transfer your copyright, but this is permanent and should only be done with legal advice.
Once transferred, you no longer own the rights to your work.
🏆 What to Watch Out For
Red Flag: Some organizations may ask you to transfer your copyright permanently.
Fair Contracts: Fair contracts will only ask for a license to use your work (e.g., for promotion or display). Always read the terms and conditions carefully. If someone demands a full copyright transfer, seriously consider walking away.
🛡️ Protecting Your Work
Register your copyright with your country’s official body. Registration isn’t required to own copyright, but it strengthens your legal protection significantly.
The Four Types of Licenses
1. Rights Managed (RM)
Usage-specific: Licensed for a defined purpose, set period, and geographic area.
Fee structure: Higher fees for broader usage rights.
Expiry: Usage must cease once the license period ends.
2. Royalty Free (RF)
Single upfront fee: Allows use of the work without recurring payments (royalties).
Flexible usage: Typically permits use for any purpose, often in perpetuity.
Competition context: Often used in contests.
Time-limited RF licenses are fair.
Perpetual RF licenses can be unfair if they allow indefinite use without adequate compensation or limits.
3. Exclusive License
Sole usage rights: Only the licensee can use the work.
Creator restrictions: The creator cannot license or use the work elsewhere.
Higher fees: Due to limited monetization opportunities for the creator.
In Competitions: An exclusive perpetual license is highly restrictive and unfair—it prevents creators from ever reusing their own work.
4. Non-Exclusive License
Shared usage rights: The creator can license the work to multiple parties simultaneously.
Fairer for creators: Retains control and flexibility.
Preferred in Competitions: Allows entrants to continue using and profiting from their work.
Key Takeaways: Moral Rights and Fair Terms
Always carefully read the terms & conditions to watch for a perpetual or exclusive clause, as they may severely limit your rights. Fair terms should specify:
Non-exclusive usage
Time-limited rights
Clear scope of use
Understanding Moral Rights
Moral rights are personal rights granted to creators to protect the integrity and attribution of their work. They are distinct from economic copyright and include:
Right of Attribution
Right to Integrity
Right to Privacy (applies to subjects, not the creator)
✅ Right to Be Credited (Attribution)
Creators should be credited whenever their work is published.
A copyright notice affirming ownership should be included.
Include disclaimers about third-party errors in crediting.
🚫 Right to Object to Derogatory Treatment (Integrity)
Creators can object to changes that harm their reputation.
Minor edits like cropping or resizing for promotional use is acceptable.
Avoid any treatment that could be seen as disrespectful.
🔒 Right to Privacy (Applies to Individuals in the Work)
This applies to all individuals, not just creators.
If recognizable people appear in a work, their permission is needed.
Model release forms are often required to ensure legal use.
✍️ Waiving Moral Rights
Moral rights cannot be transferred, only waived via a signed agreement.
Waivers should be specific and not blanket permissions.
Cropping or resizing can often be covered by simpler usage rights.
Seeking waivers for commercial exploitation is considered unethical.
It's always worth reviewing terms & conditions carefully to ensure moral rights are respected.
-Created Using References and Quotes along with AI.