Are Blog Posts Copyrighted?

Disclaimer: This article is for informational purposes only, and should not be used in place of legal advice. If you have a copyright-related issue with your blog, consult a lawyer.

Did you know that you have copyright as soon as you take your original ideas and write them down in a blog post? That’s right! Blog posts are copyrighted just like other original works of authorship, like articles, songs, and images. 

But here’s the problem: sometimes, automatic copyright protection isn’t enough to protect your content. So, some writers and publishers go the extra mile to clarify and enhance their copyright protections, and you may want to do the same.

Review the basics of copyright protection for blog posts. Then, learn what the rights of a copyright owner are, who the copyright owner is in different situations, and get advice on protecting your blog.

The Basics of Copyright Law for Bloggers

To receive automatic copyright protection, a blog post needs to meet the following criteria:

• It’s original and includes some level of creativity.
• It’s fixed in a way that you and/or others can see and reproduce it, like in writing.

That’s it! As long as the posts on your blog are original and in writing, they are typically copyrighted in the United States. If you’re the copyright owner, this gives you the right to:

• Distribute your work
• Create derivative works based on the original
• Make copies
• Display it publicly

The keyword there is “if”. While the blog posts on your website may be copyrighted, you may not necessarily be the copyright holder.

Who Owns the Copyright to Blog Posts?

Typically, the blog post’s creator owns the copyright, but this isn’t always the case. Let’s look at a few common situations below.

The author of a blog post owns copyright

This is how copyright law works by default. The United States Copyright Office states that “Everyone is a copyright owner. Once you create an original work and fix it…you are the author and the owner.”

So, if you’re the author of your blog posts, then you own the copyright to every one of them. Unless, of course, you sign a written contract stating otherwise, such as with a work made for hire.

With a work made for hire, the hiring party may own the copyright

In a work made for hire situation, then the hiring party may be the copyright owner. A work made for hire includes:

• Blog posts employees create within the scope of their employment. For example, if a company employs someone as a writer, then they would own the copyright to their writing.
• Certain types of work that a client commissions from a writer, often as a freelancer or independent contractor. In this case, you need to have a freelance writing contract in place stating that the work is a work made for hire.

No one owns the copyright for AI-generated blog posts

While the US Copyright Office is still looking at the copyright laws surrounding artificial intelligence (AI), its current AI policy states that copyright protection only applies to original works of human authorship. So, to date, you can’t copyright AI-generated content. 

However, if the content contains both human and AI-generated elements, then the sections created by a human are eligible for copyright protection. 

You can learn more in the “Registration Guidance for Works Containing AI-Generated Content,” published by the US Copyright Office.

How to Protect Your Blog From Copyright Infringement

So, how do you protect your copyright? Since people often don’t realize the automatic copyright protection you get in the US, it’s worth employing a few extra strategies to protect your content.

Add a copyright notice to your blog

To avoid any confusion over whether your blog posts are copyrighted or not, you can add a copyright notice to your content. This lets people know that you own the work and that it has copyright protection.

A good copyright notice should include the following:

• Your name (or whoever else owns the copyright)
• The year the website was published (if applicable)
• The copyright symbol ©

You may also consider adding a statement of rights. For example, throwing in an “All Rights Reserved” lets people know that you keep all of the rights to your work.

Use a plagiarism checker

This is one of the quickest and easiest ways to see if your copyrighted content pops up on another website. After you run your blog posts through a plagiarism checker, it’ll run a search to see if it can find that same content on another website. 

Depending on the tool, it may then tell you exactly where to find duplicate blog posts with matching URLs. Then, you can you can navigate potential plagiarism issues.

Register your blog posts

You don’t have to register your blog posts for copyright protection, yet formal copyright registration has its perks.

The most important one is that it allows you to take legal action in the case of copyright infringement. You need registration to take legal action, so it’s the best way to protect your assets. Keep in mind that if you are considering legal action, it’s best to speak with a lawyer.

To register your content and learn more, check out the US Copyright Office’s Registration Portal.

Final Thoughts

While blog posts are copyrighted, it’s important to keep in mind that their authors aren’t always copyright owners, especially when using AI writing tools. 

So, whether you’re a publisher hiring writers or a writer yourself, you should always clarify who will own the copyright (if applicable) when entering into a working relationship.

One of the best ways to do this is to make sure you include copyright as one of the key terms in your freelance writing contract. Outside of formal copyright registration, this written agreement can be the most crucial step in protecting your content, so don’t be afraid to negotiate for your rights.