Practical steps for protecting your organisation, supporting suppliers and getting full value from commissioned digital content

By Naomi Korn, CEO

Commissioning a photographer, filmmaker, designer, developer, or artist can bring specialist expertise, and fresh creative energy to a project. But there is one question that should never be left until delivery day: what will your organisation actually be allowed to do with the finished work?

Copyright is easy to overlook, particularly where a supplier relationship is long-standing and built on trust. Yet commissioning digital content will always raise copyright issues. Addressing them early helps everyone understand the deal, reduces the risk of later disagreement and gives your organisation confidence about how the content can be used.

Why commissioning is not the same as owning

Digital projects can involve photography, communications, websites, animations, software, logos, marketing materials, and artworks. Each may attract copyright or other intellectual property rights. Paying a supplier to create something does not, by itself, answer every question about ownership, reuse, adaptation or onward sharing. Those points need to be considered and agreed.

Good copyright management is not simply defensive. It helps organisations track where and how digital content is being used, demonstrate impact to funders, and build trust with the people who create and appear in that content. When suppliers know their work will be protected and properly acknowledged, the foundations are in place for stronger, longer-term creative relationships.

Top tips for commissioning content with confidence

1. Start with the intended uses. Before briefing a supplier, map out what you want to do with the content. Think beyond the immediate launch: consider future platforms, publicity, learning materials, reporting, reuse and sharing.
2. Identify the rights involved. Establish what is being created and which intellectual property rights may arise. A single commission may contain several protected elements, created by more than one person.
3. Do not rely on assumptions. A good relationship is valuable, but it is not a substitute for clarity. Make ownership and permitted uses part of the conversation from the outset.
4. Put the agreement in writing. Record the scope of the commission, the rights required by the organisation and any limits on use. Clear written terms give both sides a shared reference point.
5. Ask for what you genuinely need. Consider whether the organisation needs ownership or whether a suitable licence will deliver the necessary freedom to use the work. The agreement should reflect the project’s real requirements.
6. Consider every contributor. Check whether the supplier will use employees, freelancers, performers, subjects or third-party material. Make sure the permissions needed for the final content are addressed.
7. Agree acknowledgement and credits. Decide how creators and contributors should be credited. Consistent acknowledgement supports good relationships and responsible use.
8. Keep reliable records. Retain contracts, permissions and information about creators and content. Good records make it easier to manage, reuse and track commissioned material over time.
9. Build copyright into the workflow. Treat rights management as part of planning, procurement, briefing and sign-off—not as a final check once the content has already been delivered.
10. Review before publishing or repurposing. When a new use arises, check it against the agreement. A quick rights review can prevent an avoidable problem later.

A better commission begins with a better conversation

The best time to discuss copyright is before creative work begins. A clear conversation about expectations, rights, and future use can help an organisation negotiate a better deal while respecting the expertise and interests of its suppliers. The result is not just lower risk: it is commissioned content that can be used with confidence and managed well throughout its life.

Want to build your confidence in this area? Explore Naomi Korn Associates’ Copyright and Commissioning course for practical guidance on copyright, intellectual property rights and effective commissioning agreements, next running 12 November (9:30am-1pm).

Reference

A Guide to Copyright and Working with Suppliers to Create Digital Content. Available at: https://d13kjxnqnhcmn2.cloudfront.net/AcuCustom/Sitename/DAM/044/A_guide_to_copyright_and_working_with_suppliers_to_create_di.pdf