Since thortful started, almost 10 years ago, we’ve championed creativity and the power and ingenuity of our wonderful creators. We think it’s fundamental to our industry, its health and longevity, that we protect the incredible talent behind the thortful cards that bring joy to millions.
But in today’s fast-moving, globalised digital world, the threat of intellectual property (IP) theft is very real. We’ve seen this first-hand – whether its designs lifted and sold on platforms like TEMU without permission, or independent creators finding their work duplicated by large retailers with little recourse. It’s a growing issue that undermines the integrity of our industry and damages the livelihoods of the creators that makes thortful’s heart beat.
That’s why we partnered with the GCA to produce these two guides:
Part 1 focuses on how creators can protect themselves proactively,
Part 2 walks through the steps to challenge IP infringement if it happens.
Part 1: Getting Ahead of Copyright & IP Infringement
In a creative industry built on originality, protecting your ideas isn’t just smart – it’s essential. Whether you’re a designer, illustrator, publisher or writer, your work is your intellectual property (IP), and it has real commercial value. But in the age of social sharing, digital marketplaces and fast-paced production, combined with the mass scale emergence of AI, that value is more vulnerable than ever to being copied, repurposed or outright stolen.
Unfortunately, many creators only start thinking about copyright and design protection after something has gone wrong – when a suspiciously similar design shows up online, or a customer points out a copycat card. By then, emotions run high and options can feel overwhelming.
This article is about prevention.
Pip Heywood, MD at Thortful, and Kelly Hudson, Director at McDaniels Law have teamed up with the GCA to outline the practical steps you can take right now to protect your work before problems arise. From understanding how copyright works, to affordable ways to document and secure your designs, to using deterrents that make would-be infringers think twice – this guide is designed to help you stay in control of your IP from the very beginning.
This is the first article in a two-part series created to support GCA members and the wider creative community. Once you’ve taken these proactive steps, head to Part 2: How to Challenge Copyright Infringement, which walks you through how to respond, what to say, and how to escalate effectively if someone crosses the line. Let’s go!
Your Legal Rights: Copyright Explained Simply
In the UK, copyright automatically protects original creative works, including:
Illustrations and artwork
Graphic designs
Written words and verses
Typography and layouts
You don’t need to register your copyright. If your work is original and you created it, you are automatically the legal copyright owner (known legally as the ‘author’). As author, as well as owning the legal copyright, you also get a moral copyright. This cannot be assigned but allows you to ensure your work is not treated by others in a derogatory manner and that it is properly attributed to you.
Key Points from UK Copyright Law
Copyright, Designs and Patents Act 1988 (CDPA) is the primary UK law governing copyright.
Copyright protects the expression of an idea, not the idea itself (e.g. a unique drawing of a dog, but not the idea of drawing a dog, this is known as the expression / idea dichotomy).
You hold copyright as soon as the work is fixed in tangible form (e.g. on paper or digitally).
You don’t need to use the © symbol, but it’s good practice.
As a general rule, copyright will last for the lifetime of the author of the work, plus 70 years, so it is very long lasting
How to Protect Your Work Before Infringement Happens
The best legal claims are supported by good preparation. These tips help prove ownership, deter would-be copiers, and give you peace of mind.
Document Your Creative Process
Keep detailed records from sketch to final product:
Save drafts, sketches, and mockups (with timestamps).
Use version-controlled software (e.g. Adobe Cloud, Procreate backups).
Store files in dated folders or cloud systems like Google Drive or Dropbox.
Keep records of who has seen your work, i.e. keep copies of emails sent to third parties
Save drafts, sketches, and mockups (with timestamps).
Why? This proves authorship and originality, key to any copyright claim.
Make Use of Copyright Notices
Add a simple copyright line to your designs, e.g. © [Your Name/Brand] [Year]. All rights reserved.
Place this on the back of cards/the product, your website/online shop, digital images/previews.
Why? While not legally required, it warns others you know your rights, the work is protected and may deter casual infringement.
Limit High-Quality Previews Online
Reduce the risk of image theft by:
Using watermarks or overlays on digital previews
Posting lower-resolution versions that won’t print well if downloaded (e.g. c73 dpi)
Avoiding posting full card interiors or high-res design files publicly
Why? Thieves often rely on clean, downloadable images. Make it harder for them to achieve good print quality.
Add Metadata to Your Digital Files
Embed ownership information inside your files:
Use the “File Info” or “Properties” panel to add your name, copyright, and contact details
Add hidden layers or tags for extra authenticity
Why? This helps prove origin – even if someone tries to strip visible credits, it also easily proves copying, which is the key criteria for infringement.
Use Contracts or Terms with Freelancers & Clients When collaborating
Use written contracts clearly stating who owns what or, if commissioning designs from a freelancer, stipulate clearly that they must not plagiarise work from other creators or publishers
For licensees: specify that you retain IP rights and outline how they can use the work
Why? Prevents misunderstandings and ensures you don’t accidentally give away your rights if you’re the freelancer or receive plagiarised designs unknowingly if you’re the client. If you are the client and want to own the copyright an agreement is key as even if you have commissioned the work, the legal principle is that the author is always the first legal owner of copyright in such a circumstance, save an employment situation where rights will vest in the employer.
Keep an Archive of Published Works
Maintain a secure, dated portfolio of everything you’ve released, including:
Print runs and order confirmations
Online product listings
Social media launch posts
Why? It helps prove first use if a dispute arises over originality or timelines.
Monitor the Market Proactively
Make it a habit to:
Search marketplaces (e.g. Temu, Shein) for your key designs
Set up Google Alerts for your business name or card titles
Use reverse image search tools like TinEye or Google Images
Why? The sooner you spot a copy, the easier it is to act swiftly. If you allow your work to be copied and then it becomes common across the market, it is far harder to pursue a claim.
Register Your Designs for Extra Protection
While copyright is automatic, registered design rights give:
Public record of your ownership
Protection against imitation of the overall shape and configuration of your design which can also give you protection for any surface decoration on the product (unlike unregistered design right which only protects the shape and configuration and copyright which would only protect the artwork).
Register via the UK Intellectual Property Office (UK IPO)
Consider copyright registration in other countries if you are trading there. Copyright is an unregistered right in most jurisdictions but in some countries you can also register it, although you don’t have to. The USA is one such jurisdiction and the registration will act as good evidence the copyright exists and that the infringer should have known of it, and will also entitle you to additional statutory damages.
What is the Cost?
IPO registration costs start from £50 for a single design. You can register up to 10 designs for £70. The registration is valid for up to 25 years, subject to renewal. Here is the information on registering designs with the IPO. In reality, in the greetings industry, your main right will always be copyright, but registered designs can add an extra layer of protection and are often helpful for online takedowns as a registration certificate makes the allegation easy to understand.
We have to be realistic that these steps won’t stop infringement entirely and, yes, they feel like more work on top of your creative process or managing your business, but they put you in a stronger legal position if it occurs, and can deter copycats from trying in the first place. Below is a summary checklist. Good luck!
Summary Checklist:
Tool or Action
Save design drafts and timestamps
Use © symbol on all outputs
Watermark or reduce image resolution
Use UK IPO online portal
In Photoshop, Illustrator or Procreate
Include IP terms in all collaborations
Keep dated records of launch & sales
Protection Tip
Document your creative process
Add copyright notices
Limit high-res previews
Register your designs
Embed metadata
Use contracts
Archive your work
Monitor the market
Part 2: How to Challenge Copyright Infringement in the Greeting Card Industry
This article now covers what to do if you see your original work copied or imitated without permission. It outlines your legal rights, explains the relevant UK copyright law in plain English, and provides a step-by-step framework to help you challenge potential infringement confidently and professionally.
Your Legal Rights: Copyright Explained Simply
In the UK, copyright automatically protects original creative works, including:
Illustrations and artwork
Graphic designs
Written words and verses
Typography and layouts
You don’t need to register your copyright. If your work is original and you created it, you are automatically the legal copyright owner known legally as the ‘author’.
As author, as well as owning the legal copyright, you also get a moral copyright. This cannot be assigned but allows you to ensure your work is not treated by others in a derogatory manner and that it is properly attributed to you.
Key Points from UK Copyright Law
Copyright, Designs and Patents Act 1988 (CDPA) is the primary UK law governing copyright.
Copyright protects the expression of an idea, not the idea itself (e.g. a unique drawing of a dog, but not the idea of drawing a dog, this is known as the expression / idea dichotomy).
You hold copyright as soon as the work is fixed in tangible form (e.g. on paper or digitally).
You don’t need to use the © symbol, but it’s good practice.
As a general rule, copyright will last for the lifetime of the author of the work, plus 70 years, so it is very long lasting.
What Constitutes Infringement?
Someone may infringe your copyright if they:
Copy your work without permission
Issue copies of your work without permission
Distribute, display or sell your work without a licence
Create derivative work that is substantially similar
The above are all what are known as ‘primary infringements’, there are also ‘secondary infringements’ which include importing an infringing work and dealing in copies, amongst other things. The key legal test is “the taking of the whole or a substantial” – whether a significant and recognisable part of your work was used without your consent. A useful way to think of this is whether a reasonable person would say “That’s clearly taken from your design, not coincidental or inspired”. A court might ask ‘has the heart of the work been copied?’
So this could be:
A recognisable section of your illustration
A line or phrase from your verse or caption that carries the emotional or stylistic punch
A distinctive layout of combination of graphic elements – even if each part alone is common
The key point to note in the respect of the above is that the question of whether a substantial part has been copied is a qualitative one and not a quantitative question, therefore it can be a small part of the work overall but it could still be a substantial part.
Step-by-Step Process for Challenging Infringement
If you suspect your work has been copied, here’s what you can do:
Step 1: Gather Your Evidence
Document everything
Copies of your original work (with creation date)
Screenshots/photos of the suspected infringing product
Evidence of first publication (e.g. social media posts, website listings)
Any design files or sketches showing your creative process
Tip : If your case progresses to a legal level, this documentation helps establish your ownership and originality.
Step 2: Informally Contact the Alleged Infringer
Sometimes infringement is accidental. Start with a firm but polite outreach. Below is a downloadable template to help you make this approach if you are happy to resolve the matter with removal of the infringing work and do not necessarily want to claim damages.
Step 3: No Response or Refusal to Resolve
If they don’t respond or refuse and you wish to escalate, it is best to take legal advice at this stage, speak to an IP specialist such as GCA members McDaniels Law or Briffa who will both give free initial advice to GCA members.
A next step could be a formal Letter Before Action (LBA): a legal notice that’s often enough to prompt resolution without court.
Step 4: Further Non-Legal or Legal Action (If Necessary)
If informal routes fail, you have the following options:
IPO Mediation: Whilst not a legal route, a valuable option is the IPO Mediation Service – a neutral, confidential process where an experienced mediator helps both parties reach a voluntary agreement. It can be used for many types of IP disputes, including: copyright, design rights (registered and unregistered), trade marks, patents, passing off claims.
The mediator doesn’t make a decision for you – they facilitate a conversation to help both sides find common ground, avoid legal escalation, and ideally reach a resolution. This is a useful route if:
You’ve sent a cease and desist letter but received no, or an unsatisfactory, response.
You want to resolve things quickly and affordably.
You’re concerned about legal costs or reputational damage.
You value maintaining an ongoing relationship with the other party (e.g. they’re part of the same industry community).
Mediation is far cheaper than litigation – especially compared to legal fees in the full civil claim or injunctions captured below. Small fees apply to both parties and both parties must agree to mediate and share costs.
If you’re interested in IPO mediation, more information on this process is available here. Anti-Copying in Design offers a similar service – you can find details on this here.
Small Claims IP Court (IPEC): For damages under £10,000, this is a quicker option. This is a useful guide to help you with this route. This approach is suitable for straightforward cases of copyright, unregistered design rights and passing off. As no legal representation is required and each party generally bearing their own costs, it has limited cost exposure.
Full Civil Claim in IPEC: For higher-value or complex cases (limited to claims for damages under £500,000). Here is a guide to help you consider this route. Costs recoverable against the other party are capped and a maximum of £60,000. Legal representation is not mandatory but is advisable due to the complexity of procedures. To use IPEC the trial of the matter must be able to be heard within 2, or an exceptional 3 days.
Full Civil Claim in the High Court: For claims valued at over £500,000 or too complex to be heard within the normal IPEC trial window. The principle is that the loser pays the winners costs and there is no cap on costs claimable. Again, legal representation is not mandatory but is advisable due to the complexity of procedures.
Interim Injunctions: In any court proceedings you will always generally be seeking a final injunction to stop the infringement, however interim injunctions are also available, This involves a court order to force the other party to stop selling or displaying the infringing work temporarily up to the final trial. Lawyers are generally needed for an interim injunction application, they are also generally expensive to obtain and often require the person claiming the injunction to give a cross undertaking as to damages. This means that, should the claim fail at final trial and it turns out the injunction should not have been given, the party subject to the injunction will be entitled to damages for the loss suffered from its imposition this guide can help familiarise you with this process.
Try and avoid any of the above, remember to:
Keep records of creation (design drafts, timestamps, first publication dates).
Watermark digital previews or reduce resolution on shared artwork.
Register design rights with the UK IPO for added protection, especially for repeat collections.
Use contracts that confirm you retain IP rights when licensing or collaborating.
Protecting your creative work takes time and intention – but it’s one of the most important investments you can make in your future as a designer, publisher, or brand.
By taking simple, proactive steps to document, mark, and safeguard your designs, you’re not just guarding against theft – you’re laying the foundation for long-term creative independence. If infringement does happen, knowing your rights and how to respond puts you in a position of control, not powerlessness. Yes, it takes effort – but it’s effort that future-proofs your livelihood, protects your ideas, and strengthens the integrity of the entire creative community.
Originality deserves not just to be celebrated – but defended.
