Copyright or Copycat?
How to Protect Your Creative Work

August 21, 2025

Creative works—whether literary, artistic, musical, or choreographic—are valuable assets that warrant protection under U.S. copyright law. Unfortunately, many creators encounter unauthorized copying, reposting, or distribution of their work, sometimes under the mistaken belief that attribution or disclaimers are sufficient to avoid liability. This article clarifies the distinction between plagiarism and copyright infringement, addresses common misconceptions, and outlines steps creators can take to secure their intellectual property rights.

Plagiarism and Copyright Infringement: Distinct but Related

Plagiarism and copyright infringement are often conflated but are legally and conceptually distinct.

• Plagiarism is an ethical violation that occurs when an individual presents another’s work as their own without attribution. While plagiarism can damage reputations and professional relationships, it is not a legal cause of action under U.S. law.

• Copyright infringement is a legal violation that occurs when a protected work is used without authorization or a valid defense, such as fair use. Copyright covers a wide range of works, including written text, photographs, choreography (when fixed in a tangible medium), music, and audiovisual materials. Unlike plagiarism, infringement can result in civil liability, including monetary damages and injunctive relief.

Although distinct, the two can overlap. For example, reproducing a blog post word-for-word without permission or attribution may constitute both plagiarism (an ethical breach) and copyright infringement (a legal violation).

Common Misconceptions

Several recurring misconceptions give rise to unintentional copyright violations:

• Attribution does not equal permission. Crediting the original author or artist does not grant a license to use the work.

• Disclaimers have no legal effect. Statements such as “I do not own the rights” do not shield a user from liability.

• Length is not determinative. Using only a “short clip” of music, a brief excerpt of text, or a few seconds of video can still constitute infringement, depending on the context and effect on the original work.

• Streaming rights are limited. Renting or streaming media authorizes only private viewing. Public performance, recording, redistribution, or incorporating film or music into live events (such as recitals) without a license likely infringes the copyright owner’s rights.

Protecting Creative Works

Creators can strengthen their legal position and deter misuse by taking proactive steps:

1. Fix works in a tangible medium. Copyright attaches automatically once a work is captured in a durable form, such as writing, photography, or video.

2. Register copyrights. Registration with the U.S. Copyright Office provides important procedural benefits, including eligibility for statutory damages and attorney’s fees in enforcement actions.

3. Use clear contracts. Written agreements with collaborators, independent contractors, or business partners should define ownership and licensing rights explicitly.

4. Understand applicable doctrines and terms. Fair use is narrowly applied and fact-specific; platform terms of service often limit how content can be used or shared.

The Bottom Line

Creative works are more than personal expression—they are intellectual property with legal and economic significance. Failing to protect them exposes creators to reputational harm, financial loss, and loss of control over their work.

At Daly Law & Strategy, we advise creators, entrepreneurs, and businesses on copyright registration, licensing, enforcement, and dispute resolution. Our goal is to ensure that clients not only receive proper recognition for their work but also retain the legal rights and economic benefits that flow from their creative efforts.

If you would like to learn more about protecting your creative assets or enforcing your rights against unauthorized use, please contact our office.