Who Owns the Work? Protecting Your Intellectual Property in Online Business | Foundd Legal

Who Owns the Work? Protecting Your Intellectual Property in Online Business

In online business, content is currency.

You’re constantly creating, courses, client work, templates, designs, social posts, systems. But here’s the question almost no one asks until it’s too late:

Who actually owns the work you create… or pay for? 

Whether you’re building assets yourself, hiring freelancers, or selling digital products, intellectual property (IP) is at the core of your business value, and if you don’t protect it, you’re playing a risky game.

In this post, we’re breaking down: 

  • What IP actually includes 
  • The biggest myths about ownership 
  • How to protect your creations 
  • And what needs to be in your contracts to avoid legal drama

 

What Is Intellectual Property? 

Put simply, intellectual property (IP) refers to creations of the mind that are legally protected. That includes:

  • Logos, branding, taglines
  • Website copy + content
  • Online courses, templates, and frameworks
  • Graphic designs, marketing materials, social posts
  • Product names, programs, and even processes 

 

IP can be protected in a few different ways:

  • Copyright (automatic for original works like text, images, and content)
  • Trademarks (registered for brand names, logos, and slogans)
  • Designs (for visual elements like packaging or UI)
  • Confidential information / trade secrets

In short: if you created it or paid someone to create it, it likely holds IP value.

 

3 IP Myths That Trip Up Online Business Owners 

Let’s bust some common (and costly) assumptions: 

Myth 1: “If I paid for it, I own it.” 

Nope. Payment doesn’t automatically equal ownership. 

Unless your contract explicitly transfers IP rights to you (the client), the creator retains ownership by default, especially for copyright-protected content. 

For example: If a graphic designer creates your logo, and there’s no clause transferring ownership after payment, they still technically own it. 

Myth 2: “If I made it, it’s mine.” 

Not always. If you created something while working under contract for a client, and the contract says the IP belongs to them after full payment, they own it. 

You might still retain credit or license rights, but ownership can be assigned away. This is especially relevant for copywriters, designers, developers, and coaches who sell deliverables.

 

Myth 3: “It’s online, so I can use it.” 

No. Just because something is on Instagram or Pinterest doesn’t mean it’s free to use. Content is copyright-protected the moment it’s created, even without a watermark or notice. 

Bottom line: if you didn’t create it or buy the rights to it, you don’t have permission to reuse it.

Working with Contractors? Read This. 

Let’s say you hire a:

  • VA to build templates
  • OBM to document systems
  • Designer to create your course branding
  • Copywriter for a sales page

Unless your contract clearly outlines who owns what, you could end up in legal limbo.

For example:

  • Your designer could reuse your logo in a template pack
  • Your VA might take your SOPs to another client
  • Your copywriter could repurpose your exact words elsewhere

Foundd Tip: If you’re hiring someone to create original IP for you, your contract should include an IP transfer clause that says:

  • Ownership transfers to you
  • All work is created solely for your business use
  • They cannot resell, reuse, or repurpose your content 

What About Your IP? 

Now flip the script. If you’re the service provider, coach, consultant, designer, copywriter, you also need protection.

You’ve built processes, templates, assets, and frameworks. You might license these to clients, but that doesn’t mean they get to reuse or resell them.

Your contract should:

  • Define exactly what the client is allowed to do with your work
  • Clarify what is owned vs. licensed
  • Restrict unauthorised reproduction, distribution, or sharing

This protects your ability to scale, repurpose, and monetize your IP long after one client project ends.

How to Protect Your IP (Without Legal Headaches)

You don’t need to law-school yourself. But you do need a few smart systems.

1. Use Clear Contracts (Always)

Contracts are your #1 tool for defining and protecting IP ownership. 
Include clauses that cover:

  • Who owns the final deliverables
  • What happens if payment isn’t made
  • Licensing rights (if applicable)
  • Restrictions on reuse or resale
  • What’s considered confidential

2. Register Your Trademarks

If you’ve got a signature program, product name, or brand you’re building long-term, it’s worth protecting with a trademark. It gives you exclusive rights and legal recourse if someone copies you.

Foundd can help you determine if registration is right for your brand.

3. Watermark or Copyright Notice Your Content

Even though copyright is automatic, a visible notice (© Foundd Legal 2025) reminds others that your content isn’t up for grabs.

4. Keep IP Clauses Updated as You Grow

As you develop new offers, license content, or hire team members, update your contracts to reflect the changes. What worked when you were solo won’t protect you when you’re scaling.

What Needs to Be in Your Contracts? 

Whether you’re the creator or the client, here’s what to include:

✔️ Ownership clause – Who owns the work and when 
✔️ Transfer clause – When ownership passes (usually after full payment) 
✔️ Licence clause – If it’s a license-only agreement 
✔️ Restrictions clause – What the other party can’t do with the work 
✔️ Confidentiality clause – To protect proprietary processes or strategies

Pro tip: Use plain English. Your contract should be clear to a non-lawyer.

IP = Leverage

Your intellectual property is your most valuable business asset. 
It’s what builds trust, authority, and scalability.

So whether you’re the one creating the content or commissioning it, make sure you’re not leaving ownership to chance.

Want to Lock This Down? 

Browse our industry specific Legal Templates, with IP clauses already included for:

  • Services Agreements
  • Contractor Agreements
  • Creative Services
  • Program and course licensing

We’ll tell you exactly which contracts fit your business model and stage (no legal fluff, just clarity). 

 

 

***Disclaimer. Please read!!***

This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.

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