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Copyright basics for freelance journalists
Copyright is a property right. It arises automatically when you create an original literary work — there is no registration requirement in the UK. Under section 11(1) of the Copyright, Designs and Patents Act 1988 (CDPA), the author of a work is its first owner of copyright. As a freelance journalist, you are the author and therefore the first copyright owner of everything you write.
The exception is where a work is made by an employee in the course of their employment (s.11(2) CDPA) — in that case, the employer owns the copyright. But this exception does not apply to genuine freelancers: if you are self-employed and commissioned by a publication, copyright stays with you unless you explicitly and in writing transfer it.
Copyright in a literary work lasts for the author’s lifetime plus 70 years. During that time, you control how the work is reproduced, adapted, or communicated to the public. Publishers need your permission to use the work — that permission is the licence.
Types of licence and their relative value
| Licence type | What it covers | Relative value |
|---|---|---|
| First UK serial rights | First publication in a UK periodical. Rights revert to you after publication. The standard baseline for UK press journalism. | Base rate |
| First UK print rights | First publication in UK print only — digital rights not included unless separately agreed. | Base rate |
| First UK print + digital rights | First publication across UK print and digital editions of the same title. | Base × 1.2–1.4 |
| World first serial rights | First publication in any periodical worldwide. Useful for internationally syndicated pieces. | Base × 1.5–2.0 |
| All rights (all media, worldwide, in perpetuity) | Publisher acquires full and permanent use in any medium, forever. Functionally equivalent to copyright assignment. Rarely justified at standard rates. | Base × 2.5–3.0+ |
| Syndication rights | Right to resell the piece to other publications. Should attract a revenue-share agreement, not a one-off flat fee. | By negotiation |
| Archival / digital archive rights | Right to maintain the piece in a searchable online archive indefinitely. Often bundled with first digital rights. | Usually included with digital rights |
When copyright and licensing issues arise
- 1A contract asks you to "assign all rights" — this is a permanent transfer of copyright for what is usually a one-off commissioning fee.
- 2A publication uses your piece in a different medium (e.g. their podcast or video adaptation) without asking — if you only licensed print rights, this is infringement.
- 3You want to include a published piece in an anthology or book — check whether you retained the right to do this.
- 4A foreign publication wants to reprint your work — this requires a new licence unless world rights were part of the original deal.
- 5Your work appears in a publication's archive or paywall years after first publication — the archive right should have been agreed and priced at commissioning.
- 6You join ALCS and want to register your published works to collect secondary royalties on photocopying and educational use.
Copyright red flags in contracts
- "Copyright assigned to publisher" — the most damaging clause; once signed you own nothing.
- "All rights, all media, all territories, in perpetuity" — effectively an all-rights assignment even if the word "assign" is not used.
- "The publisher may use your work in any manner it sees fit" — a broad catch-all that removes your control.
- "You waive your moral rights" — in the UK this is legally permissible but should be resisted; it removes your right to be identified as author.
- No rights clause at all — this creates ambiguity about what has been licensed and invites a "we own everything" dispute later.
- "Exclusive use for the life of the copyright" — functionally equivalent to an assignment at a commissioning fee.
Copyright and licensing checklist
- I have read the rights clause in every contract before signing — I know exactly what I am licensing.
- I am licensing specific rights (medium, territory, duration) — not assigning copyright.
- I have asserted my moral rights (right to be identified as author) in writing.
- I have included a copyright notice on all submitted copy: © [Name] [Year].
- I am registered with ALCS to collect secondary royalties on published work.
- My commission confirmation email specifies the rights being licensed.
- If the contract requires an all-rights assignment, I have negotiated a premium rate reflecting the full commercial value.
- I understand which rights I have retained and what I can resell after first publication.
- I have a system for tracking which rights have been licensed for which pieces to which publications.
Build a quote that reflects your rights terms
Use the Day Rate Quote Builder to construct a line-item quote that separates writing fees from rights multipliers — so clients see exactly what they are paying for.
Common copyright mistakes
- Signing an "all rights" contract at a standard word rate — the commercial value of all rights is many times the first-rights rate.
- Not registering with ALCS — you lose access to secondary royalty income that belongs to you.
- Assuming copyright is implied by payment — unless you have signed it away, it is yours regardless.
- Not specifying rights in your commission confirmation email — silence creates ambiguity that publishers may exploit.
- Waiving moral rights without understanding what you are giving up — including the right to be identified and the right of integrity.
- Trying to republish a piece without checking what rights you retained — particularly with older commissions where contract terms may be unclear.
Related guides
Syndication for UK Freelance Journalists
How syndication works, agencies, rates, and retaining first rights.
Freelance Journalism Contracts
Full contract guide including rights clauses, kill fees, and indemnities.
UK Media Law Hub
Copyright law, defamation, and the full legal framework for UK journalists.
Rate Card Template
Build a rate card that includes your rights multipliers and licence terms.
Primary sources
- Copyright, Designs and Patents Act 1988 (legislation.gov.uk)
- CDPA 1988 s.11 — First ownership of copyright
- ALCS: Authors' Licensing and Collecting Society
- IPO: Intellectual Property Office — copyright overview (gov.uk)
- NUJ: Rights and copyright guidance for freelancers
- ICO: Data protection considerations for journalists (ico.org.uk)
Frequently asked questions
Who owns the copyright in my commissioned articles?
You do, as the author, unless you have signed it away in writing. Under section 11 of the Copyright, Designs and Patents Act 1988 (CDPA), copyright in a literary work vests initially in its author. The employer exception (s.11(2)) applies where a work is made by an employee in the course of their employment — but as a freelancer, you are not an employee. Always read rights clauses in commission contracts carefully before signing.
What is the difference between a licence and an assignment?
A licence gives the publisher permission to use your work in a specified way for a specified period and territory — but you retain ownership of the copyright. An assignment permanently transfers copyright ownership to the publisher. Once assigned, you no longer own the work and cannot license it to anyone else without the publisher's permission. Always licence specific rights rather than assigning copyright. If a publisher insists on an assignment, require a significant premium above your standard rate.
What does "first UK serial rights" actually mean?
First UK serial rights give the publisher the right to be the first to publish the piece in a UK periodical (newspaper or magazine). "First" means once published, the right is exhausted and cannot be exercised again by that publisher. "UK" limits the territory to the United Kingdom. "Serial" means a periodical publication, as distinct from a book. After first publication, the rights revert to you and you can license the piece elsewhere — to foreign publications, anthologies, or broadcast.
What is ALCS and should I join?
The Authors' Licensing and Collecting Society (ALCS) collects secondary royalties on your behalf — payments for photocopying, educational use, cable retransmission, and other uses of your published work that you could not individually negotiate. ALCS distributes these sums to registered members. Membership is free for individual writers. For a working journalist with a body of published work, ALCS royalties can amount to a meaningful secondary income stream, particularly for work in educational contexts.
Can I resell or syndicate a piece after first publication?
Yes — if you licensed only first rights. Once first publication has occurred, the right is exhausted and you are free to offer the piece to other publications, either directly or through a syndication agency. Check your contract: some publishers include a "period of exclusivity" (typically six months to a year) during which you cannot republish. After that window, you can syndicate freely. If you signed an all-rights contract, you cannot resell without the publisher's permission.