The 5 Most Common Mistakes When Using Copyright and Intellectual Property (and How to Avoid Them)

17 February, 2026
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Intellectual property
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Lucas Charnet

!Derechos de autor: errores habituales y permisos en el uso de contenidos.

Introduction

Imagine spending four years preparing an Olympic routine to a specific piece of music—and then, just days before competing, being told you can’t use it because you don’t have the copyright clearance. That is what happened to Spanish figure skater Tomás Guarino ahead of the Milano Cortina 2026 Winter Olympics: he had to change his program due to rights issues in an event with international broadcast coverage.

This isn’t a sporting or artistic mistake. It’s a legal mistake. And it happens every day to businesses, creators, and brands that use music, images, or videos without checking permissions.

In this article, we review the five most common mistakes people make when using protected content (copyright) in social media, marketing, and creative projects—and how to avoid them through licenses, contracts, and a solid IP strategy. If you’d rather listen to a more accessible discussion, we also cover this in episode #57 of the Autores con Derechos podcast. Listen now.

Mistake #1: Thinking “If it’s online, I can use it”

This mistake comes from a very human assumption: if something is accessible, it must be usable. And online, everything feels accessible. But accessibility does not equal permission.

A photo you find on Google or Instagram, a design you see on Pinterest, or a song you hear on TikTok does not become “free” just because it’s been posted. Copyright generally arises the moment a work is created—without any registration requirements or a visible copyright symbol. So if a work doesn’t say “all rights reserved,” that doesn’t mean you can use it; it usually means it’s protected.

This mistake is especially common in corporate settings: a company launches a social media campaign using a “trending” song, a brand uses someone else’s illustration “because it’s already circulating,” or an event prints posters using images taken from the internet “just to get it done.” It may seem harmless… until a copyright claim, a content takedown, or a removal demand arrives. Then the key question appears: “Did we have authorization?” If the answer is no, the issue isn’t intent—it’s a legal foundation problem.

Mistake #2: Believing that non-profit use isn’t infringement

“I’m not making money from it” is one of the most repeated myths. But copyright doesn’t work that way: infringement doesn’t depend on whether there is direct profit, but on whether there is authorization to carry out acts of exploitation (reproduction, public communication, making available online, synchronization, etc.).

We hear it constantly: “it’s just a short clip,” “it’s only promotional,” “it’s an internal video,” “it’s a municipality event,” “it’s an NGO,” “it’s a school celebration.” But the fact that a project is small, cultural, or even free does not automatically make the use lawful. In music, this is especially clear: using protected music in shows, choreography, theatre, or audiovisual formats requires proper licenses—and it’s not “forgiven” just because there’s no monetization.

Mistake #3: Paying once and assuming everything is covered

This is probably the mistake that generates the most disputes in companies and professional projects, because it starts from a seemingly reasonable idea: “I paid, so I can use it.” But in IP, what matters isn’t payment in the abstract—it’s what rights were granted, for which uses, for how long, in which territory, and in which media.

In practice, many licenses are limited. You may have paid to use an image in one context (for example, physical posters or a point of sale), but that does not necessarily include TV, social media, the corporate website, paid ads, international campaigns, or reuse in later years. When the use expands “because it’s already done,” the contract stops covering you and the use becomes an unauthorized overreach.

A very common example: a photographer is hired for product images, and later those photos appear in uses that were never agreed (an institutional campaign, a third-party catalog, a new commercial action). If there is no contract clearly defining the license/assignment—and if the company assumes it paid for “the work” rather than “specific uses”—a dispute is almost inevitable.

This connects to a key idea: in IP, you don’t buy “the thing” like a physical object; you acquire a bundle of rights. If that bundle isn’t written precisely, conflict is only a matter of time.

Mistake #4: Not protecting your own work

In practice, we often see the flip side of the earlier mistakes: while many people use others’ content without checking rights, many creators and businesses fail to protect what they produce—and then are surprised when they lose control or bargaining power.

Not protecting your work doesn’t always mean “not registering.” Sometimes it means not leaving sufficient documentation, not signing contracts with collaborators, not defining ownership and assignments, or not anticipating future uses. In creative industries this is especially risky, because exploitation usually comes later—when the content is already circulating and has created value.

The example of a photographer paid for a “service” who only issues an invoice (with no rights agreement) is classic: later they discover their images in unauthorized media or in the hands of third parties, and the problem isn’t only the use—it’s the lack of a clear framework to determine what was permitted and what wasn’t. Another common startup example: investing in brand, design, and content, but leaving trademark registration “for later”; when growth arrives, a third party appears with a similar sign or even prior registration.

Strategically, IP isn’t only for litigation. It’s for negotiating licenses, attracting investment, structuring collaborations, closing distribution deals, and turning creativity into business. And experience shows that when protection isn’t done on time, it’s often done later—and at a higher cost.

Mistake #5: Confusing copyright, trademarks, patents, and image rights

This mistake is more common than it seems and leads to the wrong strategy from day one. It often comes as a simple sentence: “I already protected that.” The question is: what did you protect, and with which legal tool?

Copyright protects creative works (music, texts, scripts, photographs, illustrations, audiovisual works), while trademarks protect the commercial identity of products and services; patents or utility models protect inventions or technical solutions; and image rights protect a person’s identifiable likeness. These are different legal worlds—with different rules, different durations, and different procedures. (If you want to go deeper with practical examples, we explain these differences in this podcast episode or in this blog article.

The problem is using the wrong “legal tool” for the asset. For example, registering a trademark (name or logo) does not automatically protect packaging design or a campaign video—those are typically covered by copyright. And the reverse is also true: having copyright in a logo doesn’t give you commercial exclusivity unless you register it as a trademark. Patents follow the same logic: if what you have is a technical solution, a trademark does not protect the invention.

And be careful with image rights: even if you have permission to use a photo, you may not have permission to exploit that person’s likeness in advertising or campaigns. That’s why, before using or “protecting” something, you should identify what the asset actually is (a work, a distinctive sign, an invention, or an image) and apply the correct legal framework.

Conclusion

The Olympic skater case isn’t just a curious anecdote—it’s a reminder of something essential: intellectual property isn’t a box to tick at the end. It’s part of the project’s architecture. When ignored, it shows up at the worst possible moment—when investment has already been made, schedules are locked, and everyone is watching.

The good news is that most conflicts can be avoided with a simple approach: replace assumptions with contracts, licenses, and strategy. In particular, before using third-party music, images, designs, or texts in campaigns, content, events, or products, you should check who owns the rights, which rights are involved, what license applies, and what its limits are. And in parallel, you should protect your own work with the same seriousness you exploit it.

At MES Advocats, we provide comprehensive advice and support throughout the process of registering, protecting, and managing creative works, offering a personalized and efficient service to our clients. Our experience allows us to deliver a fast, tailored service with excellent results. If you need more information or would like a quote, don’t hesitate to contact us. If you need to review a license, a rights assignment agreement, or a copyright claim, we can help.

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CopyrightCopyrightLlicènciesTrademarks

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