When you’ve poured your time, skills and funds into creating something as a freelancer, releasing it into the world can be a bit scary. Especially if you’re worried other people might claim it as their own. This is where Intellectual Property (IP) protection comes in.

The first thing you need to do if you want to protect your IP, is get to grips with what Intellectual Property is. When you know what you’re dealing with, you’re in a better position to make the right moves for your business.
 

What is Intellectual Property?

Intellectual Property is something that has been created in the human mind, for example an invention you’ve come up with or a story you’ve written.

When something qualifies as IP, it means it has been protected by law against unauthorised use by anybody other than the person who owns it.

If the person who owns the IP wants to make money by allowing other people to use it, this legal protection makes commercialising it a whole lot easier and far more secure.
 

What counts as Intellectual Property as a Freelancer?

Based on popular freelance services, these are the kinds of things freelancers can register as their Intellectual Property.

• Designs (e.g. logos, graphics, symbols, prints and websites)
• Photography
• Video content
• Artwork
• Written content like blog posts, guides and video scripts
• Code for things like games, apps and software
• Processes (e.g. templates and workflows)
• Inventions, machines, mechanisms, hardware
• Names (e.g. product names and brand names)

Different types of Intellectual Property

There are different types of IP that something can be registered as and protected under. The main ones being:

• Patent
• Copyright
• Trademark

You can get some types of protection automatically, but others you’ll need to apply for.
 

Patent

Patents are designed to protect IP related to inventions. In the UK, a patent allows you to take legal action against anyone that uses your invention without permission.

If you’re a freelance developer, for example, and you’ve created new photo editing software, you can patent this process and/or technology so only you can use it.
 

Copyright

Copyright is specifically targeted at protecting IP related to literature, art, music and dramatic work. So, things like books, songs, films, paintings, textiles and sculptures can be copyrighted, for example.

Copyrighting is also often used to protect software IP, including things like databases, programmes and technical drawings.

Let’s say you’re a freelance interior designer, and you generate a 3D render of a design scheme you have created. You’ll be able to register this as IP and protect it by copyright.

This stops anybody else using your 3D drawings, or the 3D files, technical drawings and models used to create them.
 

Trademark

Trademarks are used to protect things like business names, product names, logos, sounds, designs and symbols that distinguish one brand from another. This type of IP protection actually dates back centuries to when artisans would put their “mark” on their products to distinguish them from others.

One of the most common ways a freelancer might use a trademark is to protect their brand identity (name, logo, colours, design, etc.) from being used by any other business.
 

What other types of Intellectual Property are there?

There are other types of Intellectual Property you may not have come across yet. We haven’t detailed them above but they’re still just as important, so we’ll give a brief overview below.
 

Trade secret

This type of IP protection covers confidential company information relating to something that competitors don’t have, such as formulas or specific processes. McDonald’s Big Mac sauce, the formula of WD-40 and KFC’s recipes are all examples of trade secrets registered as IP.
 

Industrial design

This type of IP protects a visual design element of something, such as its shape, colour or pattern. The Volkswagen Beetle, the iPhone and the Coca-Cola bottle are all examples of industrial designs covered by IP rights.
 

Geographical indication

This type of IP protects something from a specific place and which has some form of distinguishable factors related to that location. Champagne from France, Darjeeling tea from India, Swiss watches and Scotch whisky are all examples of GIs protected by IP rights.
 

Who owns Intellectual Property?

In short, you own intellectual property if you’ve created or invented something, and it meets the necessary requirements for copyright, a patent or design. You can also buy intellectual property rights and sell or transfer your own if you wish.

Unfortunately, if you’re employed, your employer owns the IP of anything you’ve created or invented within their business.

As a freelancer, you own the rights to your own creations, for example things like your logo etc. But, if you’re asked to create or invent something for a client, it’s important to put a contract in place to understand who has the legal rights.

How can I transfer intellectual property rights?

If you want to transfer intellectual property rights, it must be done through a legal process, but which one depends on the circumstances.

The most common ways IP is transferred are:
 

Purchase

If a business is sold or liquidated, ownership of IP is often reassigned as part of this process. IP can also be sold to a new owner even if the whole business isn’t being sold.
 

Licensing

Licensing enables the original owner to permit others to use their IP within agreed legal terms. It means they retain ownership but can still commercialise all or part of the creation or invention they own.

Licensing can be exclusive, whereby only specific people are allowed to use the IP, or it can be non-exclusive so the IP is available publicly.
 

Assignment

This is where all or some IP is reassigned from the original owner to a new one through a legal written document. It’s a permanent change and normally needs to be made official by registering the new ownership with the specific IP authority (e.g. copyright, trademark, etc.).
 

Mergers and acquisitions

If two companies merge or one acquires the other, ownership of IP will typically be transferred in this process unless otherwise stated in a written agreement.
 

Inheritance

If the person who owns the IP dies, they may leave it as part of their estate to a beneficiary. In this scenario, the transfer of IP ownership happens through inheritance.
 

Top IP protection tips

Before you go, here are three top tips to keep your Intellectual Property safe and sound:

• Use watermarks on your work – If you’re sharing things like photos, videos or design previews, add a branded watermark on top so nobody can use the original versions.
• Always use written contracts – As we covered earlier, contracts are super important when dealing with IP protection, so make sure you’re using them. Make sure you’re both in agreement about who owns what in advance and have it documented in writing.
• Consult an IP expert – There are dedicated legal professionals who specialise in Intellectual Property, so speaking to one of those will help ensure everything is watertight.

 
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