Contract Clause Guide

Intellectual Property Clauses: Ownership of Your Work

An intellectual property clause determines who owns the work, inventions, and creative output produced during a business relationship. These clauses can have lasting impacts on your ability to use your own work.

Example Clause

All Work Product, including all intellectual property rights therein, shall be the sole and exclusive property of Company. Contractor hereby irrevocably assigns to Company all right, title, and interest in and to any Work Product. Contractor agrees to execute any documents necessary to perfect Company's ownership.

What This Means

Everything you create while working for them belongs to them - completely and forever. You're giving up all rights to your work, and you have to sign any additional paperwork they need to prove they own it.

Common Risks to Watch For

1

Broad assignment of all work, including pre-existing IP

2

No license back to use your own work

3

Covers work created outside of business hours or scope

4

Includes 'moral rights' waivers in some jurisdictions

5

No compensation for valuable IP assignments

Frequently Asked Questions

Can I keep portfolio rights to work I create?

You must negotiate for portfolio rights—they're not automatic. Ask for a clause allowing you to display samples for promotional purposes. You may need to wait for a period after project completion or exclude confidential elements.

What about work I created before this project?

Pre-existing IP should remain yours. Negotiate a carve-out listing your prior work, and grant a license (not assignment) for any pre-existing IP incorporated into deliverables. Without this, broad assignment language might capture your prior work.

When should IP ownership transfer?

Negotiate for IP to transfer upon final payment, not before. Until you're paid, the client should have only a license to use the work. This protects you from non-paying clients keeping your work.

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