Key Takeaways

  • A website intellectual property disclaimer protects your content—like text, graphics, and media—from unauthorized use.
  • It establishes ownership, clarifies permitted use, and limits liability for third-party misuse or user-generated content.
  • Essential elements include copyright notice, trademark protection, use permissions, user obligations, and liability disclaimers.
  • Disclaimers should align with your business structure and online presence—especially if you share educational, creative, or commercial materials.
  • Businesses should seek legal review to ensure their disclaimer meets U.S. Copyright Act standards and industry best practices.

An intellectual property disclaimer template, also called an intellectual property release agreement, is a document that releases the intellectual property rights in an art piece, design, literary work, film, piece of music, symbol, or image to someone other than the person that created it. If the creator is comfortable giving away his/her rights to the art, and it being used in any way for any purpose, someone may acquire all rights, titles, and interest in and to the intellectual property.

This is not the same as a licensing agreement. The person that acquires these rights is not just licensing the intellectual property, as he/she can do anything he/she wants with the intellectual property.

The intellectual property release agreement lays out this release. The agreement should include as much detail about the work as possible so that if a dispute should arise, the rights and the specific work are clear. If a business is acquiring the rights to someone else’s creation, this document provides investors in the company with comfort that the rights to the intellectual property required to run the business have been transferred to the company completely and legally. After the transfer, the artist does not receive any money for the business’s use of his/her work.

In the United States, Intellectual Property is governed under the Copyright Act of 1976. There are no specific legal requirements as to what information or provisions must be included in a Disclaimer Agreement; however, a business should enlist the help of an intellectual property attorney in order to ensure that due diligence requirements are being met and the operation can run smoothly and legally.

Here is a list of provisions that should be included in your Assignment Agreement:

  1. Date
  2. The parties; who is acquiring the rights and who is disclaiming/releasing the rights
  3. A specific description of the business (if applies)
  4. A specific description of the intellectual property
  5. The assignment provision where the artist or employee agrees to assign or disclaim to the company all right, title and interest in and to the intellectual property
  6. Copyright provision regarding the protectability of the intellectual property
  7. No payment (royalty) will be paid to the artist or employee
  8. A provision statement that this agreement may be amended in the future, but only in writing
    1. The parties can agree to never amend this agreement if they would like
  9. A provision designating the law or jurisdiction that will apply if a conflict arises
  10. Signatures of both parties

GGF/OGF

If you are submitting documents to the GGF, both an intellectual property statement and a copyright statement have to be included.

Here is the copyright statement that must be included in all GGF documents:

“This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this paragraph are included on all such copies and derivative works.”

“However, this document itself may not be modified in any way, such as by removing the copyright notice or references to the GGF or other organizations, except as needed for the purpose of developing Grid Recommendations in which case the procedures for copyrights defined in the GGF Document process must be followed, or as required to translate it into languages other than English.”

And here is the IPR notice that must be included in all GGF documents:

“The GGF takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this document or the extent to which any license under such rights might or might not be available; neither does it represent that it has made any effort to identify any such rights. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementers or users of this specification can be obtained from the GGF Secretariat.”

“The GGF invites any interested party to bring to its attention any copyrights, patents, or patent applications, or other proprietary rights which may cover technology that may be required to practice this recommendation. Please address the information to the GGF Executive Director.”

Importance of a Website Intellectual Property Disclaimer

A website intellectual property disclaimer is critical for businesses and creators who publish original work online. It helps prevent copyright disputes, plagiarism, and unauthorized distribution by clearly outlining ownership and usage terms. Including such a disclaimer shows users that your brand values intellectual property and adheres to legal protections under the Copyright Act of 1976 and other IP laws.

These disclaimers are particularly important for:

  • Content creators and online businesses, such as blogs, coaching sites, and e-commerce platforms.
  • Companies offering educational materials, online courses, or media-rich content.
  • Businesses using third-party content (e.g., stock images or licensed software), where ownership clarification is vital.

A strong IP disclaimer acts as both a deterrent against infringement and evidence of due diligence if disputes arise.

Core Components of a Website IP Disclaimer

An effective website intellectual property disclaimer includes several standard components that clarify ownership rights, permitted uses, and limitations:

  1. Copyright Ownership – States that all content (text, graphics, logos, videos, etc.) is the exclusive property of the website or its licensors.
  2. Trademark and Branding Clause – Protects business names, logos, and product marks from unauthorized use.
  3. Permitted Use – Defines how users may access and use content (e.g., personal, non-commercial use only).
  4. Restrictions – Specifies prohibited actions, such as copying, reproducing, or redistributing content without consent.
  5. Third-Party Content Disclaimer – Clarifies that the website isn’t liable for infringement by user submissions or linked materials.
  6. No Warranties and Limitation of Liability – Limits responsibility for errors, omissions, or user misuse of IP-protected materials.
  7. Governing Law – Identifies the applicable jurisdiction for legal disputes.

Including these provisions ensures your disclaimer covers both ownership and liability—two pillars of IP protection online.

Sample Website Intellectual Property Disclaimer Template

Below is a sample framework you can adapt for your site. Always have a qualified attorney review the final version before publication.

Intellectual Property DisclaimerAll content, materials, and media displayed on this website—including but not limited to text, graphics, logos, icons, videos, and downloadable files—are the intellectual property of [Your Company Name] or its licensors and are protected by applicable copyright and trademark laws.

Users are permitted to view and download content solely for personal, non-commercial use. Reproduction, redistribution, or modification of any content without prior written permission from [Your Company Name] is strictly prohibited.

Unauthorized use of our intellectual property may result in legal action under applicable law. [Your Company Name] disclaims liability for third-party content linked to or shared on this website.

This structure mirrors the WebsitePolicies and Termly best practices for accessible, compliant disclaimers.

How to Customize a Website IP Disclaimer

While templates provide a starting point, every website intellectual property disclaimer should be tailored to your business operations and industry. Consider the following adjustments:

  • Business Type: E-commerce sites should emphasize product and image copyrights, while blogs may focus on content originality.
  • Jurisdiction: Reference the governing laws of your state or country, such as U.S. federal copyright law or EU directives.
  • Third-Party Integrations: If your site uses plugins, stock photos, or AI-generated content, specify the extent of your ownership and attribution terms.
  • User Contributions: If your website allows comments or uploads, include a clause stating that users retain their rights but grant you a limited license to display or modify content.

Ensuring your disclaimer reflects your specific activities enhances enforceability and transparency.

Enforcing Your Intellectual Property Rights

A disclaimer alone cannot prevent all misuse—it must be part of a broader intellectual property protection strategy. Business owners should:

  • Register copyrights and trademarks with the U.S. Copyright Office and USPTO.
  • Use digital watermarking and metadata to track unauthorized use.
  • Monitor the web for content scraping or plagiarism.
  • Send cease-and-desist letters when violations occur.

Including a website intellectual property disclaimer demonstrates proactive compliance, which can strengthen your legal standing if you pursue infringement claims

When to Consult an Attorney

While online generators provide general templates, consulting an intellectual property attorney ensures your disclaimer aligns with your jurisdiction, business model, and risk profile. Attorneys can help:

  • Review licensing language for accuracy.
  • Confirm enforceability under copyright and trademark law.
  • Draft companion policies, such as Terms of Use or Privacy Policies, for complete legal protection.

If you need professional help drafting or reviewing your website intellectual property disclaimer, you can find an experienced attorney through UpCounsel’s legal marketplace. UpCounsel only accepts the top 5% of lawyers, with an average of 14 years of experience from top law schools such as Harvard and Yale.

Frequently Asked Questions

1. What is a website intellectual property disclaimer?

It’s a statement that establishes ownership of your website’s content and limits how others may use, copy, or distribute it.

2. Is an IP disclaimer legally binding?

Yes, when properly written and displayed, it can serve as a binding notice that supports copyright or trademark enforcement.

3. Where should I display my IP disclaimer?

Place it in your website footer, Terms of Use page, or legal section for maximum visibility.

4. Do I need both a disclaimer and a copyright notice?

Yes. A copyright notice asserts ownership, while a disclaimer limits liability and clarifies permitted uses.

5. Can UpCounsel help me draft an IP disclaimer?

Yes. UpCounsel’s network connects you with qualified IP attorneys who can draft or review your disclaimer for compliance and accuracy.

If you need help with an intellectual property disclaimer template, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.