Copyright or Trade Secret?

How to Protect Your Internal Training Manuals, Videos, and Slide Decks

1. Why this question matters

You’ve spent months creating onboarding videos, an SOP playbook, and a library of “secret-sauce” templates that make new hires productive in days instead of weeks. Those materials are valuable IP—but what’s the smartest legal wrapper?

Two tools dominate the conversation:

Tool	One-sentence definition
Copyright	Automatic federal protection for original works of authorship fixed in tangible form (text, images, audio, video, software code).
Trade Secret	Information that (1) gives you economic value because it isn’t generally known and (2) stays confidential through reasonable security measures.

Picking the wrong one can leave your content unprotected—or worse, publicly accessible with no remedy when an ex-employee uploads it to YouTube.

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2. How the protections differ (plain English)

| Feature | Copyright | Trade Secret |
|—|—|
| When protection starts | The moment the work is created and saved. | Only after you take active steps to keep it confidential. |
| Need to file anything? | Not required, but registration with the U.S. Copyright Office unlocks statutory damages and attorney fees. | No filing—protection lives or dies by your security practices. |
| How long it lasts | Author’s life + 70 years (works made for hire: 95 years from publication). | Potentially forever—until it becomes public or you stop guarding it. |
| What you can do in court | Sue for infringement; seize illegal copies. | Sue for misappropriation; seek injunction & damages. |
| Biggest weak spot | Registration delay (if you need to litigate fast). | One accidental public leak ends protection for good. |

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3. When copyright is usually the better fit

1. Material is meant to be shared externally
   – Example: a polished PDF guide you email to customers. Once it’s public, trade-secret status evaporates, but copyright infringement claims still stand.
   
2. You want a clear paper trail
   – A registration certificate is dated proof you created the work—handy if a competitor posts a suspiciously similar manual.
   
3. You need leverage against online piracy
   – DMCA takedown notices rely on copyright ownership, not trade-secret status.
   
4. You’re comfortable others seeing the content
   – If exposing the material won’t undercut your competitive edge, copyright alone is often enough.
   

Tip: Registering a collection (e.g., “2025 Sales Academy Modules 1–10”) costs $45 online and covers multiple works at once—budget-friendly insurance.

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4. When trade secret makes more sense

1. Content reveals your competitive advantage
   – Example: a detailed step-by-step formulation process or a proprietary sales script that drives conversion rates.
   
2. You limit distribution to employees, contractors, or select partners
   – You can track who views the content and revoke access when they leave.
   
3. Your value comes from secrecy, not authorship credit
   – Think Coca-Cola’s recipe: it isn’t registered anywhere because secrecy is the moat.
   
4. The material changes frequently
   – Each update would require a new copyright filing; trade-secret status automatically covers living documents as long as security is maintained.
   

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5. Decision framework

Ask four quick questions:

Question	If Yes →	If No →
1. Does the content contain confidential know-how that would hurt us if published?	Lean trade secret (add NDAs, access controls).	Copyright likely sufficient.
2. Will we share the material outside the company (clients, marketing)?	Copyright (you’ll lose secrecy).	Trade secret stays viable.
3. Do we need public proof of ownership for licensing or takedowns?	Register copyright.	Trade secret may be fine.
4. Does the material change monthly?	Maintaining secrecy is easier than constant filings.	Register stable “evergreen” version.

Many businesses land on a blended approach: keep the granular formulas and scripts as trade secrets, but register copyrighted summaries or public versions for marketing and training partners.

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6. Best practices for each path

If you choose copyright

1. File within 90 days of publishing to lock in statutory damages (up to $150k per work) and attorney-fee recovery.
   
2. List your company as the “author” if it’s a work made for hire.
   
3. Embed copyright notices in slide footers and video intros (© 2025 Your Company).
   
4. Use DMCA takedowns quickly—platforms often remove infringing content within 24 hours.
   

If you choose trade secret

1. Access control – store in a password-protected LMS; limit to job-need-to-know.
   
2. Label clearly – stamp “CONFIDENTIAL – TRADE SECRET” on every page or splash screen.
   
3. NDAs & IP clauses – ensure employees and contractors sign agreements covering post-employment obligations.
   
4. Audit & train – run an annual “trade secret drill” so staff know what is and isn’t shareable.
   
5. Incident response plan – if data leaks, act fast: forensic IT, cease-and-desist letters, and injunctive relief within days—not months.
   

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8. FAQ fast track

Q: If we choose trade secret, can we still register copyright later?
Yes. Secrecy isn’t lost by registering as long as you don’t publish the full text publicly and you file the deposit under a protective order (special procedure for sensitive works). But most companies stick to one path for clarity.

Q: An ex-employee took our slides. Can we sue under both theories?
Possibly. Courts allow parallel claims if the material qualifies for both. But damages differ: trade-secret law (DTSA) covers lost profits and unjust enrichment; copyright adds statutory damages.

Q: Do watermarks help?
Absolutely. Digital watermarks deter screenshots and prove provenance—use AI-visible or invisible marks in PDFs and videos.

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9. Key takeaways

1. Copyright protects expression and is public-facing; trade secret protects valuable secrecy.
   
2. If outside sharing is part of the plan, copyright wins; if secrecy is the moat, choose trade secret.
   
3. A hybrid strategy often maximizes protection without extra admin.
   
4. Whatever route you pick, process matters: file registrations on time or keep security protocols tight.
   

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Need a quick audit of your training library?

Book a 30-minute IP Strategy Call with Colella Legal Studio. We’ll map your materials, flag gaps, and give you a tailored action plan—so you can teach your team without teaching the whole world.