“I Swear My Work is Original and Unique!” Is It Really?

When you create something new—a book, a song, a painting, a blog post—you naturally assume it’s original. But legally, how “original” does your work have to be to get copyright protection?

How Original Does It Have to Be?

Copyright law protects “original works of authorship,” but that doesn’t mean your idea has to be groundbreaking. Courts have consistently ruled that originality means the work must be independently created and have at least a minimal level of creativity. That means no copying, but it doesn’t have to be completely unlike anything else.

We’ve all heard of famous copyright cases involving art, but how does this issue come up most often in the business world?

For example, if two people write similar blog posts without knowing about each other’s work, both works are original and can be protected by copyright law. However, if one is copied deliberately from the other, even slightly, that’s infringement. Even running a post through AI to change a few words counts as copying. It’s the same general concept as plagiarism on a school assignment.

Likewise, intentionally copying another business’ website design, brochure design, etc. is infringement.

Using Someone Else’s Work Without Permission

Businesses often get into trouble by using photos and videos to which they don’t own the copyright on their websites, on social media, in print materials, etc. Using someone else’s work without their permission is infringement, and you can rack up hefty costs you’ll have to pay the person who owns the rights.

Stock Images, Videos, and Music

Now, you will see many businesses using the same stock photography, stock videos, and stock music. That’s not infringement if they all licensed the material from the copyright owner. For example, Getty Images and Shutterstock allow many of their photos and videos to be licensed for commercial use, and most of those licenses are non-exclusive, meaning anyone else can buy that license too.

You’ll even see this on social media, as there are companies that sell stock templates for Instagram and other social media posts. That means yours may be identical to someone else’s in style and possibly even in content without either of you committing infringement.

What About Derivative Works vs Inspiration?

A derivative work is based on an existing copyrighted work, like a movie adapted from a book. If you want to create a derivative work, you typically need permission from the original copyright owner. That’s because a derivative work usually copies a significant amount from the original work.

However, inspiration that takes general concepts or themes and makes something new is fine. Someone inspired by someone else’s beautiful website may create something with a similar vibe but that doesn’t copy colors, fonts, images, or text.

How Can You Make Sure Your Business Isn’t Committing Copyright Infringement?

Before making your work public, or even using it within your business, consider these steps:

1. Ask your designers, marketing team, copywriters, and other creative people where they got the images, videos, music, etc. they’re using – If they can’t show the work is original to your business or show records of a proper commercial license, you likely have a problem.
2. Search Copyright Records – The U.S. Copyright Office has a searchable database.
3. Search the Internet – searches on Google, social media, and creative platforms can reveal similar works. This is especially helpful for seeing if your website is copying a website of one of your competitors or if your Instagram posts are copying someone else’s.
4. Get Legal Help – If you’re unsure, consult an intellectual property attorney.

Copyright protects originality, so the bottom line for business is just like in school: don’t copy someone else’s work. Also, don’t use anyone else’s work without their express permission. Checking first can save you from costly infringement claims!

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