4.2Copyright: protecting creations
The essentials in 30 seconds
- Automatic protection of original creations (texts, photos, logos, code), with no filing — but keep evidence of date and authorship.
- Paying ≠ owning: commissioning a logo or website does NOT transfer rights without a written, specific assignment.
- Other people's works = permission: accessible does not mean free — check the licence before any reuse.
Running mini-case — Yacine secures his content
After his trademark, Yacine has his logo and website photos created. He requires a written, specific assignment of rights from the designer (rights, media, territory, duration) and timestamps his own texts. To illustrate his blog, he gives up images 'found online' and only uses visuals with a verified licence. His creations are protected, other people's respected.
Continued from case 4.1 — Yacine protects his content here after his name.
1. Automatic protection
Copyright protects original creations (texts, photos, logos, music, code). Unlike trademarks, it arises automatically, with no filing — but keeping evidence of date and authorship (timestamping, evidentiary deposit) is very useful in a dispute.
An often-forgotten corollary: other people's creations are also protected automatically — you cannot freely reuse an image or text found online, even with no copyright notice.
2. Ownership: paying is not enough
Two aspects: economic rights (exploiting, transferable, time-limited) and moral rights (authorship, integrity — often perpetual and inalienable). Rights arise with the author.
Major trap: paying for a creation (logo, website, photo) does NOT transfer rights without a written assignment. Yacine therefore requires a clear assignment clause for each commissioned creation — including before filing his logo as a trademark.
3. Using someone else's work
Reusing a work requires permission or a licence (so-called 'royalty-free' content is subject to conditions to be read: credit, commercial use, sharing). A credit alone is not permission.
When in doubt, Yacine refrains or asks in writing: the cost of a licensed image is derisory next to an infringement claim.
🔎 Concrete example — 'I paid for the logo, so it is mine?' (Yacine case)
Not without an assignment.
Paying for the work ≠ acquiring copyright (the designer remains the author).
Without a precise written ASSIGNMENT → only a limited right of use.
→ Yacine requires an assignment clause (rights, media, territory, duration).Result: his creations protected, other people's respected.
Reflex: check the licence before using an image or music online.
Section vocabulary
- Copyright
- Protection of original creations of the mind (texts, images, music, software…), arising automatically with no filing.
Simple example: Yacine's website texts and photos, protected from creation.
What it is not: a trademark (which arises from filing) or a mere unexpressed idea.
Reflex: fixed original creation = protection, to be evidenced.
- Originality
- The condition for protection: the work must bear the personal imprint of its author.
Simple example: The logo drawn for Yacine, with its own graphic approach.
What it is not: raw data or a banal form imposed by technique.
Reflex: the more visible the personal input, the stronger the protection.
- Economic vs moral rights
- Economic rights: exploiting the work (transferable, time-limited). Moral rights: respect for authorship and integrity (often perpetual and inalienable).
Simple example: Yacine exploits his logo (assigned economic rights) while respecting the designer's name (moral).
What it is not: believing assignment erases all of the author's rights.
Reflex: assign economic rights in writing, respect moral rights.
- Assignment of rights
- Transfer by written contract of the economic rights; paying for a creation is not enough without an express assignment.
Simple example: The clause signed by Yacine's designer (rights, media, territory, duration).
What it is not: an invoice alone, with no assignment clause.
Reflex: never a commissioned creation without a written, specific assignment.
- Licence (incl. Creative Commons)
- Permission to use a work under conditions; 'free' content is subject to licences to be read and respected.
Simple example: The visual Yacine uses with credit and authorised commercial use.
What it is not: reusing an image 'found on Google' because it is accessible.
Reflex: read each licence: commercial use, credit, sharing.
In practice — In practice — Protecting your creations and respecting other people's
- Keep evidence of the date and authorship of your important creations (timestamping, evidentiary deposit).
- When you commission work (logo, website, photos), require a precise written ASSIGNMENT OF RIGHTS — paying is not enough.
- Before using someone else's image, text, font, music or code, check the licence or ask for permission.
- Read the terms of 'royalty-free' content (credit, commercial use, sharing); if in doubt, refrain or ask.
Ready-to-say script — requiring assignment from the designer (30 s)
'Thank you for this logo. To exploit and file it, I need a written assignment: which rights, which media, which territory, which duration, exclusive or not? Let's sign it with the invoice.'
Say it to each creative provider: invoice + specific assignment, before release.
Copy-paste template — assignment clause to require
CREATION: _______________ / AUTHOR: _______________
ASSIGNED RIGHTS: _______________ / MEDIA AND USES: _______________
TERRITORY: _______________ / DURATION: _______________
EXCLUSIVE / NON-EXCLUSIVE: _______________ / SIGNATURE + DATE: _______________Logo meant to become a trademark
Double security: written assignment first (4.2), filing as a trademark second (4.1) — without the first, the filing stays fragile.
Website and photos
Same requirement for the developer and the photographer: code, texts and images are only exploitable if assigned in writing.
Online content
Blog and social media: only use visuals with a verified licence or created in-house — never 'wild' reuse.
In-house team
Employee or partner creations: ownership rules vary by situation — check and write instead of assuming.
✓ Best practices
- Keep evidence of the date and authorship of your important creations.
- Require a written assignment when you commission work (paying is not enough).
- Check the licence before using someone else's work.
✗ Common pitfalls
- Believing that paying for a creation transfers its rights.
- Reusing an image or music found online without checking its licence.
- Thinking that content 'with no copyright notice' is free.
Key takeaways
- Copyright protects original creations automatically, with no filing — but keeping evidence of date and authorship is very useful.
- Two aspects: economic rights (exploiting, transferable, time-limited) and moral rights (authorship, integrity — often perpetual and inalienable).
- Major trap: paying for a creation does NOT transfer rights without a written ASSIGNMENT; employee creations follow varying rules.
- Other people's works are protected: reuse = permission or licence (with conditions); no 'wild' reuse.
48h challenge — apply it tomorrow
Check 1 commissioned creation (logo, photo, website page): does the written assignment exist, specific and signed? If not, prepare the regularisation request (template above). 20 minutes is enough.
- I can explain why protection is automatic but to be evidenced.
- I know why paying is not enough without a written assignment.
- I checked 1 commissioned creation and its assignment.
Frequently asked questions
I paid a designer for my logo: it is mine, right?
Not necessarily. The designer is the author and rights arise with them: without an express written assignment, they may remain the holder of the economic rights — you would only have a limited right of use, without necessarily being able to modify, adapt or file the logo. Add moral rights, often vested in the author even after assignment. The solution: a clear, complete assignment clause (rights, media and uses, territory, duration, exclusive or not). This applies to all commissioned creations (website, photos, texts, code). If it is already done without an assignment, regularise it in writing.
Can I use images or music found on the Internet for my business?
In principle no, not freely: accessible does not mean free to use. Online content is protected even without a copyright notice, and reusing it without permission exposes you to infringement. Legal routes: content under a suitable licence (read the conditions: credit, commercial use, sharing), bought licences, own creations (with assignment), public domain, or written permission. Traps: believing a credit is enough, that use 'just on social media' escapes the rules, or reusing fonts and code without checking. When in doubt, refrain.
Yacine paid €500 for his logo but signed no assignment; he wants to modify it and file it as a trademark. What is the risk?