Who Owns the Work? IP in Freelance Contracts

Work-for-hire: client owns it from day one

Work-for-hire (or "work made for hire") means the client is the legal author of the work from the moment of creation — you never own it. This is standard for custom client deliverables: a logo designed for them, code written for their product, copy written for their website. You get paid; they own the result.

What you should keep: background IP

Background IP (or "pre-existing IP") is what you bring to the project — frameworks, libraries, design systems, general methodologies, and tools you use across clients. A fair contract assigns custom deliverables to the client while you retain background IP and grant the client a license to use deliverables.

• Custom deliverables created for the client → client owns
• Your pre-existing code, templates, and tools → you retain
• General skills and knowledge → always yours, not assignable
• License grant: client can use deliverables; you can reuse non-client-specific components

Exclusive vs. non-exclusive license

Sometimes the client doesn't need full ownership — they need a license to use the work. Exclusive license: only they can use it (you can't resell that design). Non-exclusive license: they can use it, and you can license the same work to others. Exclusive licenses cost more because you're giving up reuse rights.

Portfolio and attribution rights

Many freelancers want to show work in their portfolio. Contracts sometimes prohibit this under confidentiality. Negotiate a portfolio carve-out: you can display work in your portfolio after public release, with or without client name. Get it in writing — "verbal permission" doesn't survive a strict NDA.

Red flags in IP clauses

Watch for: assignment of "all work product" without background IP exclusion, claims on inventions developed outside project scope, IP assignment that survives project termination indefinitely, and restrictions on using general skills learned during the project.