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difference between copyright and copywriting

What’s The Difference Between Copyright & Copywriting?

In-person conversations about what we do often lead to a subplot about the difference between copywriting and copyright. And no, it’s not annoying…despite how many times our parents ask about copyright law…

But there is a big difference between copywriting and copyright law. For starters, one is a term for writing copy. In our case, writing high-converting copy for female entrepreneurs who don’t have the time to write, or in some cases, just hate writing. 

And the latter is a legal term about authorship and intellectual property. 

Do the two ever become intertwined in real life, aside from sounding exactly the same? Sure. But that’s beside the point…for now. 

Need to zero in on your brand messaging to reach your ideal clients and grow your business? Get in touch with FocusCopy today!

What Is Copyright?

Whether you’re a movie buff, avid reader, fine art aficionado, or are always listening to music, you may have seen your favorite artist in the news at some point over copyright litigation. 

That’s because copyright is a type of protection for original works of intellectual property. This can include lyrics, phrases, music samplings, paintings, software, architecture, and so much more.

This may have millennials reminiscing about Vanilla Ice differentiating the Ice, Ice, Baby bass line from David Bowie and Queen’s Under Pressure. Even Houston’s hometown star Lizzo has been in the news over writing credits for her breakout song Truth Hurts

Is Copyright The Same As Patents & Trademarks?

Nope! While all three offer protections, they are not the same. In fact, an inventor or scientist may file for a patent to protect their inventions or discoveries. While a trademark protects words, symbols, or designs that identify and distinguish their goods and services. For instance, you wouldn’t want a competing business within the same industry to use your business name and logo, right? But if it’s an entirely irrelevant business, then it might not matter so much.

At What Point Is Intellectual Property Protected?

According to copyright.gov, “Your work is under copyright protection the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.”

However, if you want to bring a copyright issue to court, then you must register your work. Whether that be a piece of fine art, your latest freestyle, or even your innovative building design – it’s never a bad idea to talk to a copyright lawyer. 

What Is Copywriting? 

Ahhh…I’m glad you asked!

In its most basic definition, copywriting is the act of writing materials to encourage a reader to take action. This can include: 

  • Attending an event
  • Making a purchase
  • Signing up for a service
  • Donating to a worthy cause
  • Liking and sharing a social media post

I’m pretty sure every generation can find examples of copywriting they’ve read that led them to take action. 

Most of what you read online these days is copywriting. I’m talking webpages, email newsletters, blogs, and those landing pages that pop up encouraging you to share your email address in exchange for something you want. Out there in the world, some copywriter (with a dog or cat at their feet) wrote those words in a strategic fashion to encourage you, the reader, to make a move. 

You may be thinking, Why would I hire someone to write? I know how to write!

We don’t doubt that! 

But ask yourself,

Do you really have the time? 

And if so, where’s all the writing you’ve been producing? 

Is it reaching your target audience effectively? 

Are you seeing results in your business? 

Or is it falling flat?

As professional copywriters, we do a ton of research and have even more processes. We strive to raise your Google ranking to be at the top of the page when someone searches for the products or services you offer. And to do that, we have to keep up with Google’s constantly changing algorithm, get into your voice so that not even your spouse or neighbor would know the difference, write effectively, and so much more. 

At the writing of this blog, we’ve just signed our 90th brand as we gear up to celebrate FocusCopy’s 3rd anniversary. Let’s grab coffee and see how we can help your business.

The Big Difference Between Copyright & Copywriting 

One is a legal term and the other is a marketing and sales resource. However, I’d have to say the biggest difference is that copywriting produces words that you may want protected through copyright law.

As mentioned above, copywriting can be copyrighted. But unless an attorney, The U.S. Copyright Office, or someone else who can benefit from us writing about copyright can benefit, it’s unlikely you’ll see us copywrite about copyright. Except, obviously, right now. 

If you want to ensure your tangible form of expression is protected, then you should speak to a copyright, intellectual property, or business attorney. Trust us, through our research – we’ve come across a ton of examples of copyright infringement.

Whereas if you need a copywriter to help you write your copy, then look no further! Through our processes, we hone in on each client’s individual voice. We learn the tones, phrases they like, phrases they hate, their goals, their vision, their mission, and so much more. The results are happy clients who are able to publish meaningful copy that truly helps their businesses reach a larger target audience. 

Want Meaningful Copy To Caffeinate Your Brand Messaging?

FocusCopy takes the writing tasks off your plate so you can focus on growing your business. Whether you just can’t find the time, hate writing, don’t feel confident in your writing, or something else – we can help. 

In just under 3 years, we’ve helped 90 business owners (and counting) publish clear and focused copy to elevate their messaging and grow their businesses. Our ever evolving processes give us the tools to document your brand voice and write so that not even your mom will raise an eyebrow. Whether you need a helping hand or want the writing completely off your to-do list, we’re here to be your strategic partner. Schedule a discovery call today and learn what we can do for your business!

Focus Your Copy On Conversation & Conversion

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Copyright vs Copywriting

Copyright vs Copywriting: What’s the Difference?

We’ve been excited to write about this topic for a while. When networking with business owners, the question usually asked after “what do you do?” is… “So do you protect what you write?” Of course, we then actually spell out RIGHT vs WRITE to start explaining what we do. So what’s the difference between copyright vs copywriting?

Difference Between Copyright vs Copywriting 

Copyright vs copywriting… 2 words that sound the same when spoken have completely different definitions and purposes. We’ll try and keep this explanation as simple as possible.

When you strip the terms down to fundamentals, they are both processes. 

Copyright protects an item of value. It’s usually common with authorship of website copy, novels, or music.

On the other hand, copywriting is the process of creating something of value that an organization can use to promote the product/service, grow the business, and/or even make it more efficient or business-optimized. 

Let’s dive a little deeper…

What is Copyright? 

Copyright is “the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work).”

Merriam-Webster

In the U.S., Copyright law has its foundations in Article I, Section 8 of the U.S. Constitution, granting Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. The first original works protected by copyright were in 1790. Copyrights were later registered with and monitored by the U.S. Library of Congress. The federal Copyright Office was established as a separate entity to the Library of Congress in 1897.

According to the U.S. Copyright Office, a copyright provides legal protection for works of original authorship which are “fixed in any tangible medium of expression.”  This means that the work to be copyrighted must be in a form in which it can be perceived by others, either directly, or with the use of a device.

(If you need an attorney to help you with copyright or trademark, we have trusted individuals that can help you out. Contact us to connect with one of our trusted referral partners.)

So there it is… 

In layman’s terms, this means that if an organization wants to keep legal ownership of something it has created that is “fixed in any tangible medium of expression”, they must copyright it. Essentially, this means going through a registration process – similar in principle to registering a patent for intellectual property.

What Copyright Protects

According to the U.S. Copyright Office, copyright covers both published and unpublished works. So, FocusCopy holds the copyright to this blog!

A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. When someone violates a copyright, it is an infringement.

  1. Copyright protects the expression of an idea or vision, not the idea itself. In legal terminology, this concept is called the idea-expression dichotomy. It has been an important feature of legal reasoning related to copyright. Ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries are not within the scope of copyright protection work.
  2. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. 
  3. In general, registration is voluntary. Copyright exists from the moment someone creates the work. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. copyright.

Copyright vs Trademark

So what’s the difference between copyright vs trademark? Isn’t copyright a trademark? 

No, copyright protects original works of authorship. Whereas, a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

What does this mean for you?

Again, in layman’s terms, any documents, website design, website content, sales materials, internal procedures, etc., that your business creates are wholly owned by you. No other party has any implicit rights or ownership of the material. So your organization can and should copyright your material.

(We are not attorneys or qualified to provide a legal opinion. If you need an attorney, we have several that we can introduce you to.)

How to Copyright Your Materials

So what should you do to copyright your materials as defined previously? Quite simply, unless you think you are likely to bring a lawsuit for infringement of a U.S. copyright against someone, include a copyright symbol © and copyright ownership statement in the document (e.g. © 2020, Your-company-name. All rights reserved.).

Of course, you should secure legal advice on the exact wording for your company.  The previous text was simply provided as an example; it may not be legally sound for your location or company.

What is Copywriting? 

Copywriting is a comprehensive process from planning to conceptualization of advertisements and marketing campaigns (including text that appears on websites, in emails, internal marketing,  press releases, etc.). In the past, copywriting was a purely in-house job for a company with many companies employing gifted or highly talented writers.

However, since the tech-boom of 2000, or even a little before, the demand for tech writers and copywriters far outstripped their supply. The education system could not meet our demand for writers as many student’s focus shifted to jobs where they could make money and get rapid pay rises (i.e. technical, engineering, numerical and financial jobs). This left a vacuum.

As with all job-related vacuums, something always appears to fill the void.

In this case, outsourcers and freelancers across the globe filled the void. Some of the copy they write is terrible (just look at instruction manuals for inexpensive and sometimes even expensive electronics goods), and some copy is great. But mostly, it is average.

Today, organizations are looking for great copy.

Why?

Because they realize it helps drive and accelerate their company’s sales and growth. This is why copywriting services, like FocusCopy, thrive. It’s also why companies, more than ever before, are prepared to pay for great copy. But it doesn’t make it any easier to write!

Copywriting Scope

The scope of a piece of copy is critical to the quality, applicability, and usefulness of the copy. Often, the scope is ill-defined. An ill-defined scope for a piece of copy may result in copy being provided that is…  

  1. Not applicable to where it will be seen (i.e. in print, or on the Internet); the writers use different writing styles that work in one media but not the other
  2. Too technical, or not technical enough
  3. Inconsistent, often making the reader wonder what is going on with the company
  4. Written for the wrong audience and not providing what the real audience for the copy is expecting

These are key considerations that the copywriter (internal or external) must know prior to touching their keyboard.

Remember, contrary to many documents that organizations create, design your copy to sell. This means it should be…

  1. Concise. Attention spans are getting shorter; your copy needs to make your customer want to read more in about 8 seconds of reading time – maybe 2 or 3 sentences at most. In other words, the copy must communicate more using fewer words, yet still be clearly understandable
  2. Focused. To achieve #1, it needs a hook that demands more attention
  3. Engaging. To achieve #2, the hook must be unavoidable; if you succeed in #2, they must bite on the hook
  4. Convincing. Convince the customer to buy from YOU, not the other guys; now they are on the hook, you have more time to convince your customer and make them very comfortable with buying from you

Traditional Copywriting vs Technical Writing

Although we often link copywriting to sales and marketing activities, some copywriters, who have a technical bias, often do technical writing. What’s the difference between traditional copywriting vs technical writing?

  • Copywriters write to sell
  • Technical writers write to explain
  • Technical copywriters do both

Regardless of whether the copy author is a trained copywriter or a technical writer, neither will successfully create the document your company needs without a tightly defined statement of scope for the copy.

Copy Ownership

As stated above, ownership of the copyright on the copy belongs to the author and their employer (as this is usually a legal agreement in their terms of employment). 

So if you use an outsourcing company to create copy for you, who owns the copyright on the copy?

This can and perhaps should be a discussion you have with your legal team. 

Require the ownership of the copy to be spelled out clearly and unambiguously in the terms and conditions you sign with your outsourced copywriter/copywriting company. 

While different copywriters may have a different opinion, FocusCopy transfers the ownership of the copy to the buyer after it’s completed. But this is something you should verify with your copywriter.

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