As a creator, your creative work is more than just a product; it is a reflection of your passion and skill; therefore, you need to find a way to protect it so that you have exclusive rights over it. One way to protect your intellectual property is to copyright it and add the tag 'All Rights Reserved'.
When you add this copyright notice to your creative work, what you are telling people is that you are the copyright holder of that particular work and they have no right to alter or claim it as theirs unless they ask for your permission first.
That said, whether you are an artist, writer, musician, or entrepreneur, as long as you create and sell intellectual property to earn a living, then this article is for you.
In this article, we will cover:
The benefits and limitations of using this phrase in your work
What it means to reserve all rights to your work
How this phrase impacts your rights and those of the customers
The steps to take to enforce these rights if they are violated
What does 'All Rights Reserved' mean?
As a creator, when you release your work to the public, it is automatically protected by copyright, meaning "all rights reserved" by default. This gives you control over how your work is used, distributed, and reproduced. If you choose to, you can explicitly state "all rights reserved" to emphasise that others cannot use your work without your permission.
On the other hand, if you choose to release your work with "no rights reserved," you are allowing others to use, modify, and distribute your work freely without needing your permission. The "no rights reserved" approach is often applied to works published for charitable or public-interest purposes.
The copyright note 'all rights reserved' is often added to original creative works like paintings, song lyrics, business logos, magazines, comics, and many more to show that the creator or copyright holder retains full ownership and control over the work. It is like a warning to customers that no part of the work may be reproduced, distributed, or used in any way without getting consent from the creator.
In the UK, creative works are immediately protected the moment they are produced or released, so adding the All Rights Reserved tag is not legally required and there is no obligation to include it. However, while the tag may seem unnecessary, it is still always advisable to include it as a way to protect your intellectual property.
Where does the term originate from?
To understand the history of the “all rights reserved” copyright tag, we must first look at the origin of copyright law. The Statute of Anne in 1709 can be described as the earliest law that laid the foundation for modern copyright protection. Before this convention, the concept of copyright protection was virtually non-existent.
Many intellectual properties were knowingly and unknowingly claimed or copied by other people. As time passed, copyright law evolved to better protect creators of original works. For example, the Berne Convention of 1886 marked a significant advancement in copyright law by expanding protections for authors. It granted authors exclusive rights to their works, thereby shifting control away from publishers who had previously held significant power over the use and distribution of creative works.
The phrase “all rights reserved” has its roots in the Buenos Aires Convention of 1910. The purpose of this treaty is to draft laws that will protect literary and artistic works. Under this convention, authors were required to include the phrase in their works to signal that they reserved all legal rights, including the right to reproduce, distribute, and display their creations.
Legal implications of the phrase
Although the “all rights reserved" phrase is widely recognised, the phrase alone does not create or enforce copyright protection. As we said earlier, creators in the UK are automatically granted copyright protection immediately after they create and release their original works. They don’t need to register or put a tag on the work before they are protected under the law. However, while this sounds rather comforting, including "all rights reserved" to a work can still be a useful deterrent, reinforcing the idea that you still have full rights over the work.
How does the phrase compare to © and other copyright symbols?
The phrase 'All Rights Reserved' and the © copyright symbol serve the same function. They indicate that a work is protected under copyright law, meaning that others may not copy, reproduce, or alter any information in the work unless they are granted permission by the creator.
The main difference between the two is that the © copyright symbol is universally recognised as a marker of copyright protection. Although it was once required in some jurisdictions, it is now a widely understood symbol even in places where it is not legally mandatory, including the UK. The phrase "All Rights Reserved," on the other hand, serves as a cautionary statement and is not legally required. It reinforces the message that the creator retains all legal rights, but its use is more for emphasis rather than a legal necessity.
Should you use 'All Rights Reserved'?
Deciding whether to include "all rights reserved" in your copyright notice is a matter of choice. So here are a few advantages and disadvantages of using it.
Advantages:
Legal protection over your creative work: As with other copyright symbols or notices, the addition of the "all rights reserved" phrase will give you full control over your creation. That is, you will be the only one who is legally permitted to alter its content, copy and use it.
Global recognition: Since the phrase in itself is self-explanatory and can easily be understood by people all over the world, you can rest easy knowing that regardless of where your work is accessed, people will not tamper with your work.
Disadvantage:
Overly restrictive: By reserving all rights, you may inadvertently discourage people with good intentions from adapting or building upon your work. For instance, if you write a novel and reserve all rights, a well-meaning individual interested in translating your work into their local language might be discouraged from doing so. This not only stifles their initiative but also limits the potential reach of your work to a broader audience.
When to use “All Rights Reserved”
If your original creative works include books, articles, photographs, artwork, music, and website content, then you can use it.
If you are a writer and have adapted a work from someone else (after obtaining permission, of course), you are free to add the phrase to protect your contribution.
If you have revised your earlier work, then you can also add the phrase to it to protect your new contributions.
How to use all rights reserved
If you are new to this, here is how to create an effective copyright notice:
Start with the © symbol: This universally recognised symbol indicates that the work is protected by copyright. You would need to register your copyright, especially if you plan to use the work commercially.
Include your name: Specify the name of the creator or copyright holder. This can be an individual, a company, or an organisation.
Add the year of creation: Indicating the year helps establish the timeframe of copyright protection.
End with "all rights reserved": This phrase, while optional, shows your intent to retain full legal rights over your work.
Examples of proper copyright notices
Books: Inside the front cover or on the title page, you might have:
"© 2024 Jane Doe. All Rights Reserved."
Websites: Typically placed in the footer of the website:
"© 2024 Web Innovations Ltd. All Rights Reserved."
Artwork: Placed directly on the artwork or the back:
"© 2024 Emma Artist."
Licensing and 'All Rights Reserved'
Reserving all rights to your creative work and licensing are not the same. When you create a work and reserve all rights to it using the phrase "All Rights Reserved," you are essentially stating that you retain full control over how the work is used, distributed, and reproduced. However, this doesn't mean that others can't use your work. It simply means that they need your explicit permission to do so, which is where licensing comes into play.
Licensing allows creators to grant specific rights to others while maintaining overall control. For example, you could license your work for use in a specific project while still reserving the right to reproduce and distribute it elsewhere.
To protect your rights while allowing others to use your work, you must create a clear and specific licensing agreement. This agreement should outline:
Scope of Use: Define precisely what the licensee can do with your work, such as whether they can reproduce, distribute, or adapt it.
Conditions and Restrictions: Set terms like requiring attribution, limiting use to non-commercial purposes, or specifying the geographical regions where the work can be used.
Duration: Specify how long the license lasts, whether it's for a single use or an ongoing period.
Termination Clauses: Include terms that allow you to revoke the license if the licensee breaches any conditions.
Common misconceptions
“All Rights Reserved" protects everything
A common misconception is that the phrase "All Rights Reserved" automatically protects every aspect of your work from any type of use. While "All Rights Reserved" does signal that the creator retains all legal rights to their work, it does not prevent others from using the work in ways that are permitted under copyright law. Additionally, it does not protect against every possible infringement; the phrase itself does not create additional legal rights but rather reinforces the existing copyright protections
It is mandatory to include "all rights reserved"
In the UK, copyright protection is automatic and doesn’t require any specific notice. Including "all rights reserved" in your creative work is optional.
You can’t license a work with "all rights reserved"
"All Rights Reserved" simply means that the creator retains full control over the rights to their work. This includes the ability to issue licenses. Licensing a work allows the creator to grant specific permissions to others, such as the right to reproduce, distribute, or adapt the work, while still maintaining overall ownership and control. So, even with "All Rights Reserved," you can license your work to others under terms that you define.
FAQs
What does 'All Rights Reserved' legally protect?
The phrase protects various original creations such as novels, web content, artwork, comics, brand names, lyrics, movie scripts, and many more.
Is it necessary to include 'All Rights Reserved' in the UK?
No, the phrase has no meaning in UK copyright law. Creators of original works automatically have copyright protection.
Can I still license my work if I use 'All Rights Reserved'?
Yes! You can license specific rights while still retaining overall control of your work.
What is the difference between 'All Rights Reserved' and Creative Commons?
“All rights reserved" retains full control, while Creative Commons (CC) allows creators to share their work with fewer restrictions.
How long does copyright last if I include 'All Rights Reserved'?
The duration of copyright is not affected by the inclusion of "All Rights Reserved"; it lasts for the standard term specified by law (e.g., 70 years after the creator’s death).
Conclusion
The phrase “all rights reserved" remains a powerful tool for creators looking to protect their intellectual property. While it may not have a direct legal impact, its presence in a copyright notice ensures people are fully aware of what not to do about such work.
If you need guidance or require assistance from an experienced commercial solicitor to navigate copyright law and fully protect your rights, Lawhive is here to help. Our experienced solicitors are committed to assisting with copyright protection and every other intellectual property matter.
So, what are you waiting for? Get in touch with us today for a free case evaluation and a no-obligation quote.