In the world of digital education, co-produced courses offer an exciting and scalable model where two or more professionals bring complementary strengths together. Typically, one party offers subject-matter expertise, while the other handles marketing, operations, and scaling. While this collaboration can be highly rewarding, it also brings up an often-overlooked issue: intellectual property (IP).
Who owns what? How is content protected? What happens if one partner leaves? These questions are essential to clarify early on, yet many co-producers skip them—leading to confusion, disputes, and in some cases, legal challenges.
This article will walk you through how to protect intellectual property in co-produced digital courses, ensuring fairness, clarity, and long-term success for both parties. Whether you’re the expert, the co-producer, or both, you’ll find practical steps to safeguard your rights and respect your partner’s contributions.
Why Intellectual Property Matters in Co-Productions
In digital courses, intellectual property is the core product. It includes:
- Course videos and written content
- Slides, PDFs, and templates
- Sales page copy and funnel assets
- Logos, brand elements, and naming
- Ads, emails, and marketing creatives
- Platform setup and configuration
- Strategies, frameworks, and processes
When more than one person contributes to these assets, IP ownership must be clearly defined.
Failing to do so can result in:
- Disputes over who can reuse or resell the material
- One party walking away with the full asset
- Difficulty selling or licensing the course later
- Loss of trust and partnership breakdown
Protecting IP isn’t about mistrust—it’s about establishing clear business boundaries and responsibilities.
Step 1: Define Who Owns What
The first step is to classify and separate contributions.
Common Ownership Scenarios:
- Expert owns the course content, co-producer owns the funnel and strategy
- Joint ownership of all assets (shared IP)
- Single entity owns everything, and the other receives a revenue share
- Each party retains IP over what they created, with a license for the partnership
Each model has pros and cons. What’s most important is that both parties agree in writing.
Questions to Discuss:
- Who created the course videos and materials?
- Who built the sales page, funnel, and emails?
- Who owns the branding, logos, and product name?
- Can either partner reuse these assets in other projects?
- What happens if the partnership ends?
Be specific. “50/50” may sound fair, but it can be vague in practice.
Step 2: Use Contracts to Document Intellectual Property Terms
Every co-production should include a written agreement that outlines IP ownership clearly. A verbal agreement or email exchange is not enough.
Your co-production contract should include:
- Clear definitions of what constitutes IP
- Ownership of each type of asset (content, design, code, etc.)
- Licensing terms (can either party reuse the materials?)
- Non-compete or exclusivity clauses (if relevant)
- Terms of use for shared tools and accounts
- Exit strategy and IP handoff plan
Use legal language where necessary, and consult a contract lawyer with experience in digital business if possible.
Step 3: Decide on Licensing and Reuse Rights
Even if one partner owns a specific asset, it may be beneficial to license it to the other for specific purposes.
Licensing Options:
- Exclusive license: Only this partnership can use the material
- Non-exclusive license: The creator can use it elsewhere
- Time-limited license: Use allowed for a specific period
- Purpose-limited license: Only for this funnel or audience
Example:
“The expert licenses the course content to the co-producer for use in this program only. The co-producer may not resell or repurpose the material in other projects.”
Licensing creates flexibility while still protecting creator rights.
Step 4: Protect Brand and Trademarks
In addition to content, branding elements are also intellectual property.
Clarify:
- Who owns the course name and domain?
- Who designed the logo or purchased the branding kit?
- Can either party register a trademark?
If the course becomes successful, brand value increases. Without an agreement, disputes can arise over who controls the brand in the long term.
If you plan to trademark the name, do a search early to avoid conflicts—and decide who will hold the registration.
Step 5: Secure Course Platform Access and Data
In a co-production, both parties typically need access to the course platform, CRM, and sales data. But access doesn’t always mean ownership.
Protect these areas by defining:
- Who owns the student list?
- Who manages the account passwords and billing?
- Who can download or duplicate the content?
- Can either party remove the other from the platform?
It’s common to set up a joint company account or create duplicate backups stored in a shared drive.
Also consider privacy laws—ensure both parties agree on how student data is used and protected, especially in compliance with GDPR or similar regulations.
Step 6: Agree on What Happens if the Partnership Ends
The best time to prepare for the end is at the beginning.
Agree in advance:
- Who keeps access to the course and assets?
- Can the course continue to be sold by one party?
- Will both parties retain copies of their own work?
- Is there a buyout option for one party to purchase the IP?
Example clause:
“If the partnership ends, the expert retains all rights to the course content and may continue to sell it independently. The co-producer retains the funnel assets and may reuse templates and processes developed during the project.”
This avoids conflict later and gives both parties a graceful exit strategy.
Step 7: Use Copyright Notices and Tracking
To reinforce your ownership, use copyright notices and tracking tools.
Add copyright statements to:
- Video lessons and slide decks
- PDFs, worksheets, and templates
- Sales pages and emails
- Platform footers
Example:
“© 2025 [Brand or Name]. All rights reserved. No part of this content may be reproduced or distributed without permission.”
Use watermarking or digital rights management (DRM) if your course is high-value or vulnerable to piracy.
Tools like:
- Vimeo Pro (to restrict video sharing)
- Teachable/Kajabi content protections
- CopyScape or Plagscan (to check for content theft)
Make it clear that your materials are protected by law, not just trust.
Step 8: Educate Your Team and Freelancers
If your co-production involves a team (VAs, designers, editors), ensure they understand your IP terms too.
Use contracts or NDAs that clarify:
- Who owns the final deliverables
- That content created for the project cannot be reused elsewhere
- That private data must remain confidential
Freelancers may reuse templates or layouts—but clarify that course content and strategy frameworks belong to your business.
Step 9: Review and Update IP Agreements as You Grow
Your course may evolve. You may add new modules, hire a team, or create spin-off products. As this happens, review your IP agreement periodically.
Update if:
- You add new partners
- You rebrand or rename the course
- You switch platforms or tools
- One partner contributes more than initially expected
- The scope of use changes (e.g., license to a school or company)
Your IP protection should evolve with your business.
Final Thoughts: Protecting IP Builds Respect and Longevity
In co-produced courses, protecting intellectual property isn’t just about legal safety—it’s about building a foundation of clarity, fairness, and mutual respect.
When both parties know what they own, what they can use, and how the business operates, there’s less stress, fewer surprises, and more energy to focus on what really matters: delivering transformation to your students.
Start early. Put it in writing. And remember—protecting your assets protects your future.