When you’re running a small business, legal considerations can feel like background noise—important, but easy to push aside while you focus on customers, cash flow, and growth. However, copyright and trademarks are not “big business only” issues. They affect websites, branding, marketing, social media, products, and even internal documents. Getting these wrong can be costly, while getting them right can quietly protect your business for years.
Below are seven practical things every small business should consider regarding copyright and trademarks.
- Understand the difference between copyright and trademarks
Copyright and trademarks protect different things, and confusing the two is common. Copyright protects original creative works such as written content, photos, videos, music, designs, and software. Protection usually exists automatically as soon as the work is created.
Trademarks protect brand identifiers—names, logos, slogans, colours, or symbols that distinguish your business from others. Trademarks generally require registration to provide strong, enforceable rights.
Knowing which applies helps you take the right steps to protect your assets.
- Don’t assume “found online” means “free to use”
A major risk for small businesses is using images, fonts, music, or content found online without permission. Copyright infringement can occur even if the use is unintentional, non-commercial, or credited. Stock libraries, licensed content, and written agreements provide safer options. If you didn’t create it yourself or pay for a licence, assume it is protected unless clearly stated otherwise.
- Own the work created for your business
If contractors, designers, photographers, or developers create content for you, copyright may belong to them unless the agreement says otherwise. Paying for work does not automatically transfer ownership. Written contracts should clearly state who owns the intellectual property and how it can be used. Without this clarity, you may face limits on modifying or reusing content you believed was yours.
- Check before choosing a business name or logo
Before investing in branding, check whether your business name, logo, or slogan is already in use or registered as a trademark. Even unregistered trademarks can carry legal rights if another business is already trading under that name. A quick search early on can prevent rebranding costs, legal disputes, and customer confusion later.
- Register trademarks that matter to your business
While not every idea needs trademark protection, key brand assets often do. Your business name, logo, or flagship product name may be worth registering if they are central to your identity or growth plans. Trademark registration can provide stronger legal protection, deter copycats, and add value to your business over time.
- Be careful when using other brands
Referencing other businesses, logos, or branded material in marketing, comparisons, or social media can carry legal risks. Using a competitor’s logo, altering it, or implying endorsement may infringe trademark rights or mislead consumers. When in doubt, stick to factual references and avoid using branded visuals without permission.
- Monitor and enforce your rights
Owning intellectual property is only part of the equation. Monitoring how your content and branding are used helps protect your position. If you notice misuse, early action—such as requesting removal or seeking legal advice—can prevent escalation. Ignoring infringement may weaken your rights over time and reduce the value of your brand.
Final thought
Copyright and trademarks don’t need to be overwhelming. For small businesses, they are about clarity, consistency, and protection—making sure what you create and build remains yours. A little attention early can save significant time, money, and stress down the track.
This article is general information only and does not constitute legal advice. Small businesses should seek advice from a qualified legal professional for guidance specific to their circumstances.
If this article has inspired you to think about your unique situation and, more importantly, what you and your family are going through right now, please get in touch with your advice professional.
This information does not consider any person’s objectives, financial situation, or needs. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation, or needs.
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Disclaimer: The information contained in this article is general in nature and does not take into account your personal objectives, financial situation or needs. Please consider whether the information is appropriate to your circumstance before acting on it and, where appropriate, seek professional advice.