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 — is a person who uses engaging storytelling to get the reader to take an action. Copywriting is more closely related to marketing and sales but nevertheless, its creative work is meant to hook a reader into action.  

Now, on to copyright — this is the legal protection of intellectual property such as but not limited to film, photographs, written works, paintings — the list goes on.

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 close 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 copy is — if done right — 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 copy 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. 

When I initially saw it I was in the familiar commuting daze — when out of the corner of my eye I saw the message. I audibly 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. 

When I got home I immediately told my wife and got a half-hearted chuckle but that wasn’t the point. I have no idea if this was the work of a clever working or a catchy slogan the brand uses but it got me to say something. The point is that the creative writing was impactful enough that I catch myself looking at that sign every time I drive by to see what it says. Persuasive writing has the ability to 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. 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 something. Other than that it seems to be fairly under the radar. But 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 citing is needed for that paper. I certainly learned something new today. 

The Copywrite and the Copyright: 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. While 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 jobs as copywriters to make sure we tell the truth and never lie.

Conclusion: Embrace the Benefits of Both Copywriting and Copyright for a Successful Creative Journey!

You can’t have one without the other. The creative types bare their soul through their chosen medium. And the creative law protectors who help punish those unlawfully using others' original works. In my humble opinion, 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 in the comments below how your experiences with copywriting.

P.P.S. Also, if you need more specific advice please reach out and schedule a FREE consultation with Bee Your Business