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Communication is key to any successful business. The message you deliver – and the way you deliver it – makes all the difference. In fact, it requires a unique set of skills to get this right, which is exactly why copywriters exist.
Thinking about starting your own copywriting business? Great! We’re confident you’ve got the talent and passion to succeed. But starting a copywriting business involves more than a flair for words – you also need to ensure you’re legally set up and compliant. That’s where we come in.
Keep reading to learn more.
What Is A Copywriting Business?
Copywriting is something you interact with every day. From short advertising phrases and social media captions to engaging newsletters, copywriting involves all the written words used in promotional or advertising materials.
A copywriting business specialises in creating compelling copy for other businesses. You might wonder, wouldn’t it be easier (and cheaper) to just write the copy yourself? The reason businesses choose to engage professional copywriters is because effective copywriting demands a unique set of skills. Writing copy that resonates with potential customers isn’t as simple as it might seem, it requires research, planning, and proven techniques to deliver the right message effectively.
Is A Copywriting Business The Same As A Digital Marketing Agency?
While copywriting is a key part of digital marketing, it doesn’t cover the entire spectrum. Technically, your copywriting services fall under the broader umbrella of digital marketing, but it’s important to clarify your specialisation clearly to your clients.
If your business offers additional digital marketing services beyond copywriting, it’s worth highlighting these extra services clearly in your marketing. On the other hand, if your focus is solely copywriting, make sure you clearly communicate this niche from the start.
Thinking about starting a full-service digital marketing agency instead? We’ve got you covered – check out our article here: How To Start A Digital Marketing Company.
How Do I Set Up A Copywriting Business?
If you’re ready to set up your copywriting business, there are some essential steps you’ll need to take. While tasks such as business registration are legally required before launching, other steps – like preparing strong contracts and securing IP protection – are equally important. These steps ensure your copywriting business is properly protected, helping you avoid legal trouble and operate smoothly.
Register The Right Business Structure
To register your copywriting business, you’ll first need to select the appropriate business structure. Choosing the right structure is a fundamental step when setting up your business, as it establishes your legal obligations, determines your level of personal liability, and affects your overall business operations.The three most common business structures are: Sole Trader, Partnership, and Company. Each has different legal protections, limitations, and compliance requirements, so it’s important to carefully consider which suits your business best.
Sole Trader:
- To register as a sole trader, you’ll simply need to obtain an ABN and register your business name.
- Once registered, there’s minimal ongoing compliance or legal maintenance required for your sole trader business.
- A sole trader business is not legally separate from its owner. This means you’re personally liable for all aspects of your business, including debts and obligations.
Partnership:
- To set up a partnership, you’ll need to obtain an ABN, register a business name, and it’s strongly recommended to have a clear Partnership Agreement in place.
- Partnerships have relatively simple ongoing requirements but involve shared responsibilities, including tax and financial reporting.
- A partnership isn’t legally separate from its owners. Partners share personal liability for all debts, losses, and obligations of the business – meaning you could be responsible for your partner’s actions.
Company:
- Setting up a company involves registering with ASIC, obtaining an ACN (Australian Company Number), ABN, and registering your business name.
- Companies have ongoing compliance obligations, including annual reporting to ASIC, maintaining accurate financial records, and regularly updating company details.
- Unlike sole traders or partnerships, a company is legally separate from its owners, meaning your personal liability is limited, and your personal assets generally remain protected from business debts or liabilities.
Your legal structure is one of the first big decisions you’ll make for your copywriting business. Don’t hesitate to seek advice from a legal expert to ensure you’re making the right choice from the start.
Draft Key Legal Documents
Once you’ve registered your copywriting business, the next step is protecting it. If you’re a small business just starting out, you might wonder whether this is really necessary. But the truth is, commercial and legal risks aren’t limited to big companies – all businesses face them.
That’s why putting the right contracts in place from the beginning is essential. It helps safeguard your business, set clear expectations, and build trust with your clients and team.
Here are a few key contracts to consider:
- Service Agreement
- Non-Disclosure Agreement (NDA)
- Website Terms & Conditions
- Privacy Policy
- Employment Agreement
- Workplace Policy
Each of these documents plays a role in helping your business operate smoothly and stay legally protected.
Protect Your Intellectual Property Assets
When starting a business, many keen business owners spend time planning every detail, from day-to-day operations to how their brand will be presented to the public. While this planning is essential, it’s just as important to protect what you’ve created.
If you’ve designed a unique logo, coined a distinctive catchphrase, or have a business name you want exclusive rights to, it’s crucial to secure legal protection. Registering a trademark can help you establish ownership, but the process can be lengthy and complex – so it’s a good idea to have a legal expert guide you through it.
You may also have other forms of intellectual property, such as written content on your website, that require a copyright disclaimer. A legal expert can help you draft a tailored disclaimer and identify any additional IP protections you might need to ensure your copywriting business is fully covered.
What Laws Does My Copywriting Business Need To Follow?
Another important factor to consider when starting your copywriting business is the legal requirements you’ll need to follow. Staying legally compliant ensures your business operates in line with Australian regulations – and helps you avoid any unexpected legal issues down the track.
Speaking with a legal expert can give you tailored guidance on the specific laws that apply to your business. In the meantime, here are a few key areas to keep on your radar:
Australian Consumer Law
As a business providing services, you need to ensure your operations align with your customers’ rights under Australian Consumer Law. This includes avoiding false or misleading advertising, delivering services of acceptable quality, and pricing your offerings fairly in line with the market. The ACL covers a wide range of obligations for businesses, so it’s essential to understand both your responsibilities and your rights to stay compliant.
Employment Laws
Hiring employees is an exciting step in growing your business, but it also comes with important legal responsibilities. As an employer, you must comply with Australian workplace laws – this includes ensuring your employees receive the correct entitlements and benefits, such as minimum wage and leave. You’ll also need to follow workplace health and safety regulations to provide a safe working environment, whether your team works remotely or on-site.
Data & Privacy Laws
If your copywriting business collects any personal information, such as names, emails, or payment details, you’ll need to comply with Australian privacy laws. This includes having a clear and accessible Privacy Policy that outlines how you collect, use, store, and protect client data.
Even if you’re a small business, it’s best practice to be transparent with your clients about their data. You should also ensure you have secure systems in place to protect personal information from misuse or unauthorised access. Not only does this build trust with your clients, but it also helps you avoid serious legal consequences for non-compliance.
Key Takeaways
Starting a copywriting business takes just as much legal planning as it does creative strategy – but don’t worry, we’ve got the legal side covered. To summarise what we’ve discussed:
- A copywriting business involves creating written content for marketing and promotional purposes, requiring skill, research, and strategy to connect with audiences effectively.
- While copywriting falls under the digital marketing umbrella, it’s important to clearly define whether you offer broader digital services or specialise solely in copy.
- To legally set up your business, you’ll need to choose a structure (Sole Trader, Partnership, or Company), each with its own level of liability and compliance.
- Protect your business from the start with essential contracts like Service Agreements, NDAs, Website T&Cs, and a Privacy Policy.
- Secure your intellectual property, like your logo, business name, or website content, through trade marks and copyright disclaimers.
- Be aware of key legal obligations under Australian Consumer Law, Employment Laws, and Data & Privacy Laws.
- Getting legal advice early helps ensure your copywriting business is compliant, protected, and set up for long-term success.
If you would like a consultation on starting a copywriting business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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