Purpose: This paper highlights the challenges and key arguments for digital copyright protection legislation for creative industries. Design/methodology/approach: This briefing is prepared by independent academics who place the arguments in context based upon literature and market data. Findings: Many of the arguments used against copyright protection laws draw upon flawed analysis. Artistic creators should be treated fairly and their work should be afforded the same protection as other property. Practical implications: Digital legislation warrants review, but not for the frequently cited reasons of "stifling innovation" or "restriction" of others using the work. Rather, artists need better protection for their work and fairer treatment with regards their property rights. Originality/value: The paper provides context and practical insights into the data used to influence policy decision makers, providing a stronger case for legislative review. © Emerald Group Publishing Limited.