WORDS ON RECORD.
Copy is protected by copyright the moment it is written, and the copywriter owns it unless a contract transfers ownership or grants a licence instead. Most freelance copy is delivered under an implied or explicit licence for a specific use, not a full assignment, meaning reuse in new campaigns or channels needs new permission. A signed brief or scope document stating what was licensed, for how long and where, is what proves the boundary.
Every piece of copy with a signed brief behind it, and every reuse either paid or credited.
LAST REVIEWED
THE SITUATION
Copy is invisible work. It shows up as headlines, taglines, product pages and scripts, and it gets reused across channels, campaigns and years, often without a second thought about who wrote it.
The writer's leverage disappears the moment the file is sent. Without a record of what was licensed and for how long, the same paragraph earns a fee once and travels for free everywhere else.
WHAT BREAKS.
Unlimited reuse from one fee
A single brief and a single fee can end up covering copy that runs for years across every channel, because no usage term or limit was ever written down.
Ghostwriting with no deal
Long-form writing done for a founder or brand under their byline with no NDA or credit agreement leaves the writer unable to prove or claim the work later.
Tagline underpriced and trademarked
A tagline priced as a small headline job can later be registered as a trademark by the client, generating value the original fee never accounted for.
Work fed into AI rewriting tools
Delivered copy can be used to train or prompt AI systems that generate derivative material under someone else's name, with no consent or fee to the original writer.
No kill fee for cancelled work
Weeks of drafting and revision can be cancelled at the last stage with no compensation clause requiring partial payment.
WHAT YOU CAN OWN.
COPYRIGHT
Written copy is protected automatically as a literary work, owned by the writer unless assigned.
TRADEMARK
A tagline or slogan that becomes closely associated with a brand can be registered as a trademark by whoever owns the brand.
DESIGN RIGHT
Design right covers visual appearance, not the text of copy itself.
PATENT
Written language and marketing phrasing cannot be patented under any jurisdiction.
TRADE SECRET
A confidential brief or strategy document can be protected contractually, but finished copy delivered to a client is not a trade secret.
LIKENESS
Likeness rights are not usually relevant to copywriting unless the copy is written in a real person's voice for endorsement.
FOUR STEPS.
DROP
Add the brief, the scope and the intended channels.
EXAMINE
Deed flags open ended usage grants, missing kill fees and reuse loopholes.
EXECUTE
Signed scope with clear channel usage, term and reuse pricing.
DEFEND
A record of what the licence covers, so reuse outside it is a documented question rather than an argument.
KEY FACTS
- 01Copy is copyrighted automatically the moment it is written down, with no registration needed to establish ownership.
- 02A brief that does not state a usage term or channel limit typically defaults to the narrowest reasonable use, not unlimited use.
- 03A trademark on a slogan is separate from copyright in the underlying copy and must be registered independently.
- 04Ghostwriting agreements should separately address authorship credit, confidentiality and payment, since none is automatic.
- 05A kill fee is a contractual term, not a legal default, and must be negotiated into the scope document up front.
QUESTIONS
+How do I price reuse fairly?
By channel and by term. Deed helps you structure a licence that starts with the campaign and quotes clearly for extensions.
+Should I sign an NDA for ghostwriting?
Yes, and it should protect both sides. Deed's default NDA lets you record the work you did without revealing the client.
+Can I stop a client feeding my copy to AI?
You can require permission and a fee. Deed writes that into the licence and flags it in the public record.
+Do I own the tagline I wrote if the client trademarks it?
You own the copyright in the wording, but a trademark is a separate registration the client can pursue if they own sufficient rights, usually through an assignment you signed.
+What happens if there is no written brief at all?
Ownership and usage default to general contract principles, which are unpredictable. A brief in writing, even a short one, is the cheapest protection a copywriter has.