Table of Contents
Introduction
The value of creativity should not be underestimated. If you can publish it and earn recognition from it, then it has legal and commercial value. Whether you are a writer, artist, photographer, or content creator, your work is the product of your talent and time.
The moment your work is fixed in a tangible form, whether as a script, an illustration, a photo or a filmed video, it becomes your intellectual property. This means that it is something you can own, control, and protect, just like a physical property. It is easy for many creatives to focus so much on creating and forget to protect what has been created.
Without proper legal safeguards, your ideas and content can be copied, misused, or even claimed by someone else. Protecting your work does not have to be complicated or expensive. With a basic understanding of key legal steps, you can maintain control over your creations and secure your rights.
Copyright – Your First Line of Protection
Copyright is a branch of Intellectual Property which includes literary works, musical works, artistic works, cinematographic films, sound recordings, and broadcast. It is one of the most important legal tools for creatives and protects original works automatically once the work is created and fixed in a tangible form.
One thing many people do not realise is that the law does not protect ideas on their own. Having a great idea is important, but ideas are common. What makes the difference is who takes that idea and turns it into something real.
Once your idea is written down, recorded, filmed, or published in any physical or digital form, it becomes something the law can recognise and protect. The tangible aspect is what turns your idea into a work capable of being legally protected. It is always better to put your ideas into a tangible form as early as possible. Until you do, your idea remains just that, an idea. Once you do, it becomes something you can own, protect, and, if necessary, defend.
While copyright is automatic in your tangible work, it is undeniable that actual registration of your copyright with the relevant agency, which is the Nigerian Copyright Commission in the case of Nigeria, gives you stronger proof of ownership and makes enforcement easier if someone infringes on your rights.
Sharing Online Doesn’t Mean Giving it Away
In today’s digital world, information moves fast and content is shared even faster. Because of this, many people wrongly assume that anything posted online is free for anyone to use and as a creator, this is a common misconception you need to guard against.
Posting your work on social media, or a website, or any online platform does not necessarily mean you have given up your rights to it. Your work can remain protected, but it is important you make it clear and are intentional about how you share your work in a way that helps protect your rights and reinforces the value of your creativity. When there is no indication of ownership, people may assume, sometimes genuinely, that the content is free to copy, repost, or reuse.
Simple steps like adding a watermark, including your name or handle, or placing a general copyright disclaimer on your content can help signal that the work is protected and cannot be freely used without permission. This can go a long way in preventing casual infringement and strengthening your position if issues arise later.
Use Written Agreements – Verbal Deals are Nice but Paper Deals are Wise
One of the most common mistakes creatives make is relying on verbal agreements, especially when working with friends, collaborators, or small brands. If someone commissions your work, collaborates with you, or uses your content, there should always be a written agreement.
When nothing is written down, people often remember the same conversation differently, and that is where problems usually begin. Misunderstandings can arise, details can be forgotten, and it becomes easy for people to deny what was actually agreed. A simple written agreement helps clarify expectations, ownership, and usage rights, and makes it harder for anyone to deny or “forget” what was actually agreed.
For example, If you are a writer, do you get proper credit, do you still own the work you’ve written, and can you reuse it for other projects? If you are a singer or songwriter, do you have a split sheet showing how much you contributed to a song, whether you are entitled to royalties from streaming, and whether you should be contacted if your song is used in a movie or commercial? If you are a photographer, can the client reuse the photos for advertisements, or are they limited to the project you agreed on?
All these questions highlight why a true written agreement is so important. It is a document that is dated and signed by all parties involved, clearly spelling out who owns what, how the work can be used, where it can be used, whether you will be credited, how much you will earn, and whether payment is a one-time fee or ongoing royalties.
For creatives, these details are not just formalities but are fundamental and make a difference between protecting your work and losing control over it. A well-written agreement ensures that everyone is on the same page and gives you something concrete to refer to if misunderstandings or disputes arise in the future.
Licensing Your Work – Permission, Not Possession
Once you have a proper written agreement in place, the next step is understanding how to let others use your work without giving it away completely. That’s where licensing comes in. Licensing allows you to give someone permission to use your work under specific conditions while you retain ownership. Think of it as lending, not selling.
The key to a good license is clarity. It should spell out what the work can be used for, where it can be used, for how long, and whether it can be modified. This approach is particularly useful for creatives who want their work to reach a wider audience without permanently giving up control.
Licensing lets you share your work and earn from it while keeping ownership firmly in your hands. Without clear licensing terms, it becomes easy for your work to be used in ways you never intended, including for commercial purposes, without additional compensation or credit.
Work-for-Hire – When You Hand Over Ownership
Sometimes, instead of licensing your work, as a creative, you may be hired to create something that the client will own outright. This is called a work-for-hire arrangement. In these situations, the client usually receives full ownership of the work, and you give up the rights to use or license it yourself.
Work-for-hire is common where the client needs a specific result, like a logo, a marketing campaign, or a commissioned article. You as the creator are brought in to produce content that the company will fully control.
This type of arrangement is a great way to get paid for your creativity but the key is making sure the terms are clear and the compensation is fair, because once the work is transferred, you no longer have control over it. It is essentially a trade-off where you get a guaranteed payment in the short-term but you give up future control and potential royalties. Knowing what you are agreeing to before you start ensures you get properly compensated and avoids unpleasant surprises later.
Conclusion
Your creativity deserves protection. Legal safeguards are not only for famous artists and are essential tools for every creative who values their work. By taking the right steps, you take control of your creative journey. You can ensure that your talent is respected and your rights are protected.
By Efemena Ighorimoto
Partner at Johnson Bryant
