Q: How do I understand the meaning of certain terms in a freelance agreement?
I'm a freelance graphic designer trying to get my client to agree to allow me to use portions of an upcoming project for my portfolio. They agreed to add some language to the agreement but it doesn't seem to say anything about that. I want to make sure I understand it. Here is the updated text: "Designer’s work shall be considered “work for hire”, owned entirely by Client. Client shall retain all ownership, rights, title, and interest in the final deliverable provided by Designer (the “Work”) and may use the Work for any purpose at their sole discretion. Designer shall not use the Work, or Client’s name, logo, likeness, or other identifiable information without express written consent from Client, which may be withheld at Client’s sole discretion."
A: I'm a Connecticut intellectual property attorney. I would be glad to discuss this with you off line. You are correct that the added language does not say what you want in order to do what you want.
A:
A "work-for-hire" arrangement does not adequately address your desire to utilize portions of the project for your professional portfolio. This is a standard concern for freelance designers, as portfolio work is essential for demonstrating skills and attracting new business.
You may consider proposing an amendment with the following language, or something similar:
"Designer retains the right to use limited portions of the Work for promotional purposes, specifically within Designer's professional portfolio. This includes online displays and printed materials. Client's name and any confidential or proprietary information will be excluded."
Key Points:
- Copyright vs. Usage Rights: The "work-for-hire" clause ensures the client owns the copyright. The proposed amendment allows you to demonstrate your work without infringing on their ownership.
- Importance of Portfolio: Emphasize to your client that portfolio usage is an industry standard and vital for your professional success.
- Confidentiality: Reassures the client that showcasing your work won't compromise their confidential information.
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