Copywriter vs Copyright: A Struggle Between Words and Laws
Introduction: Understanding the Difference between Copywrite and Copyright
This is a super common question and, frankly, one worth answering.
Most commonly known as a copywriter, a person who uses engaging storytelling to get the reader to take action. Copywriting is more closely related to digital marketing and sales, but nevertheless, its creative work is meant to hook a reader into action.
Now, on to copyright—which refers to the legal right and protection of intellectual property such as but not limited to film, photographs, written works, paintings—the list goes on. (This isn't legal advice or all-encompassing)
Recently, I had another business owner in my local area of Boise, Idaho, reach out and ask for my pricing on copyrighting a logo. I kindly took the time to describe the difference and went about my day.
But it hit me later that this question is probably a lot more common than I realize, hence the decision to write briefly on the subject.
Their pronunciation may be identical, but their meanings are quite different. Now that we have a good base understanding, let's go a little deeper into each.
Copywrite: The Art of Crafting Compelling Content with a Twist
The true value of writing copy—if done right— is that you likely don’t even realize that it’s there. And you’ll most likely tell someone about what you’ve seen without even thinking twice—which is part of the point.
For me, an example of GREAT marketing materials is from an oil change place named Take 5 (not an affiliate link, just for those curious about the company). A new location had just opened along my commute home. On the street sign, instead of saying grand opening, it said, “Any Tesla gets a FREE oil change.” This would make anyone double-take because, of course, Teslas are electric vehicles that don't use oil in that way.
When I initially saw it, I was in the familiar commuting daze, but out of the corner of my eye, I saw the message. I started laughing, which startled my middle child. She asked what was funny, but trying to explain the joke to a 5-year-old wasn’t something I was about to take on.
But when I got home, I immediately told my wife and got a half-hearted chuckle. I have no idea if this was the work of clever content creation or a catchy slogan the brand uses, but it got me to say something. The point is that a single creative marketing campaign was impactful enough that I catch myself looking at that sign every time I drive by to see what it says. Persuasive writing can reach in and touch people in a way that stays with them.
Copyright: Protecting Your Creative Works from Infringement
Let’s start at the beginning: What is Copyright?
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more! (link to government website)
I will be the first person to tell you that I am not a legal scholar or an expert on legal protection. Nor have I ever had the desire to practice law—outside of playing detective while watching Law & Order. Copyright law seems to be more in the news when it comes to celebrities trying to copyright or trademark something. Other than that, it seems to be fairly under the radar. However, with the rise of AI, especially in creative industries, intellectual property rights will become more mainstream. According to the U.S. Copyright Office, fair use guidelines:
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
For anyone who has gone to school and written a paper, this is one of the reasons why the correct citation of work is needed for that paper. I don't know about you, but I certainly learned something new today.
The Copyright and Copywriting: What Sets Them Apart?
The easiest way for me to describe the difference is that the copywriter gets to be creative—have a blank slate to work from. At the same time, the copyright protects the rights of the creative. Laws are complicated, so there is more to it than that, but that's how I have simplified it.
Interestingly enough, both tell stories but for wildly different reasons and audiences. Stories shape us every day. You may be telling yourself stories in your head about every single interaction you have, but they are just that—stories. That isn’t meant to minimize anything. Stories—whether true or false—cause people to act, and it’s our job as copywriters to make sure we tell the truth and never lie.
Copywrite and Copyright in The Age of AI: Who has the Exclusive Legal Right?
It's pretty clear that wherever you stand on the debate of AI, it's generally accepted that there's at least a gray area when it comes to using large language models (LLMs) that were built from scraping the internet without permission to train various AIs. There are lawsuits all over the world trying to shape the way AI should have been used from the beginning, but we're far from having a clear answer as to what's next. You need to respect the rights of creators and to who owns the copyright. Stealing work without permission is flat-out wrong, no matter how much money or influence you have.
Conclusion: Embrace the Benefits of Both Copywriting and Copyright for a Successful Creative Journey!
You can’t have one without the other; the two terms will forever be intertwined. The creative types bare their soul through the use of words on their chosen medium. And the creative law protectors who help punish those unlawfully using others' original works. All need to be protected.
In my humble opinion, if you write content, write copy, or fight for the creators of original works, it comes down to not being a terrible person and trying to steal from others. Be good humans, and we will all be better off for it.
P.S. I would love to hear about your experiences with copywriting in the comments below.
P.P.S. Also, if you need more specific advice, please reach out and schedule a FREE consultation with Bee Your Business
