Can Freelancers Keep Rights To Work They Create For Clients
If you’re a freelancer creating original work for clients, you might assume you own what you make. A lot of people do. But that’s not always how it works under copyright law.
The answer depends on several factors. What type of work are you doing? How’s your relationship with the client structured? And most importantly, have you signed a contract that addresses ownership?
Many freelancers discover too late that they don’t have the rights they thought they had. Understanding these rules before you start a project protects your ability to reuse your work, build your portfolio, and maintain control over your creative output.
The Default Rule For Independent Contractors
Under U.S. copyright law, when you create original work as an independent contractor, you typically own the copyright by default. This is actually different from employees, who don’t own what they create on the job.
But there’s a big exception.
If your work qualifies as “work made for hire,” the client owns it automatically. No written agreement needed. Nothing. It’s just theirs.
What Counts As Work Made For Hire
Work made for hire applies in two situations. First, when an employee creates something within the scope of their employment. We’re not worried about that one since you’re freelancing. Second, when an independent contractor creates certain specific types of work and signs a written agreement saying it’s work for hire.
For freelancers, only these categories can be work for hire:
- Contributions to collective works like magazines or anthologies
- Parts of audiovisual works
- Translations
- Supplementary works such as forewords or illustrations
- Compilations
- Instructional texts
- Tests and answer materials
- Atlas materials
If your work doesn’t fit into one of these nine categories, it can’t legally be work for hire, even if a contract says so. A Jersey City intellectual property lawyer can help you determine whether your specific work falls into these categories, which isn’t always obvious.
How Contracts Change Ownership
Even if your work isn’t automatically work for hire, clients can still end up owning it through a written contract. Many client agreements include language that either designates the work as work for hire or requires you to transfer all copyright ownership to them.
Assignment clauses transfer your rights to the client after you create the work. These are enforceable even for work that doesn’t fit the work-for-hire categories. You really need to read every contract carefully before signing because once you’ve assigned your rights, you generally can’t use that work again without permission.
Retaining Rights Through Negotiation
Smart freelancers negotiate their contracts before starting work. You don’t have to give away everything.
You can retain ownership while still giving clients what they need through limited licensing arrangements. A license lets the client use your work for specific purposes while you keep the copyright. You might license work for a particular duration, geographic area, or type of use. For example, you could license a logo design for the client’s website but retain rights to use it in your portfolio or sell it to non-competing businesses.
At COFFYLAW, we help creative professionals draft licensing agreements that protect their interests while meeting client needs. These arrangements often work better for both parties than full ownership transfers.
Portfolio Rights And Attribution
Even when clients own the copyright, you may still be able to use the work in your portfolio. This isn’t automatic, though. You need explicit permission, ideally in writing.
Your contract should address:
- Whether you can display the work publicly in your portfolio
- If you can describe the project to prospective clients
- Whether the client must be credited when you show the work
- Any time restrictions on portfolio use
Some clients have legitimate reasons for restricting portfolio use, particularly if the work involves confidential business information or hasn’t been publicly released yet. We get that. But you should at least try to negotiate for portfolio rights because showing your work is how you get more work.
State Law Considerations In New Jersey
New Jersey recognizes both federal copyright law and additional state protections for creative professionals. While federal law governs most copyright issues, state contract law determines whether your agreements are enforceable and how courts interpret ambiguous terms.
Working with a Jersey City intellectual property lawyer familiar with both federal copyright principles and New Jersey contract law gives you the strongest position when negotiating agreements or resolving disputes. It matters more than you’d think.
What Happens Without A Written Agreement
If you create work for a client without any written contract addressing ownership, you generally retain the copyright as the creator. Good news, right?
Not exactly. The client may have an implied license to use the work for the purpose for which you created it. This gray area leads to disputes all the time. Without clear terms, you and your client might have very different understandings about who can do what with the work.
Getting it in writing prevents these problems. Always.
Moving Forward With Your Creative Work
Copyright ownership affects your income, your creative freedom, and your ability to build on past work. Whether you’re a designer, writer, photographer, or other creative professional, understanding these rules helps you make informed decisions about your contracts. They’re not just legal documents. They’re the foundation of your business relationships.
If you’re negotiating a client agreement or dealing with a dispute over work you’ve created, we can help you understand your rights and find practical solutions that protect your interests. Contact us to discuss your specific situation and how we can support your freelance business.