Can an agency claim ownership of my pre-contract portfolio work?

No. Under US and UK copyright law, you retain full ownership of all work created before a contract is signed. An agency can only claim ownership if you explicitly assign those rights in a written agreement.

What is 'Work Made for Hire'?

Work Made for Hire is a legal doctrine where the hiring party is considered the legal author of the work. It only applies to work created during the term of employment or under a specific written contract.

How can I protect my portfolio from agency overreach?

Always include a 'Background IP' clause in your contracts that explicitly excludes your pre-existing work from the assignment of rights to the agency.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can agencies legally claim ownership of pre-contract freelance portfolio work

No, agencies cannot legally claim ownership of your pre-contract portfolio work. Copyright is automatically vested in the creator at the moment of inception. Unless you sign a contract explicitly assigning those specific rights to the agency, your pre-existing intellectual property remains entirely yours.

The Legal Foundation of Ownership

In both the United States (under the Copyright Act of 1976) and the United Kingdom (under the Copyright, Designs and Patents Act 1988), the author of a work is the initial owner of the copyright. This is an automatic right that does not require registration to exist.

The 'Work Made for Hire' Misconception

Agencies often attempt to claim ownership of all work produced by a freelancer by citing 'Work Made for Hire' (WMFH) clauses. However, WMFH is strictly limited by law:

Temporal Scope: WMFH only applies to work created during the term of the contract.
Written Agreement: It requires a signed, written instrument specifically stating the work is for hire.
Pre-existing Work: Work created before the effective date of the contract cannot be retroactively classified as WMFH.

Key takeaway: A contract cannot retroactively change the ownership status of work created months or years before the agreement was signed unless you explicitly sign away those rights in a separate, valid assignment agreement.

Action Item: Review your current contracts for 'Assignment of Rights' clauses. If the language says 'all work created by the freelancer,' strike it out and replace it with 'all work created pursuant to this agreement.'

Identifying Red Flags in Agency Contracts

Agencies frequently use broad, sweeping language to capture as much IP as possible. You must be vigilant for these specific contractual traps:

Clause Type	Risk Level	Why it is dangerous
Work Product Assignment	High	Often claims 'all work created by the freelancer' without a temporal limit.
Broad IP Indemnification	Medium	Forces you to pay for legal fees if they are sued over your portfolio work.
Non-Compete/Non-Solicit	High	Can effectively prevent you from using your own portfolio to get future work.

How to Protect Your Background IP

To ensure your portfolio remains yours, you must define 'Background IP' within your contract. This is a standard practice in professional services agreements.

Define Background IP: Explicitly list your portfolio, templates, and pre-existing code/designs as 'Excluded IP.'
Grant a License, Not Ownership: If the agency needs to use your pre-existing work, grant them a 'non-exclusive, royalty-free, perpetual license' to use it for the project only.
Retain Ownership: State clearly that the agency receives no title or interest in the Background IP.

Action Item: Draft a 'Background IP' schedule to attach to your contracts. This list should include links to your website, GitHub repositories, or Behance portfolios.

Jurisdictional Nuances

While the principle of 'author as owner' is global, enforcement varies:

United States: Courts strictly interpret WMFH. If it isn't in writing, the agency has no claim.
European Union: Moral rights (the right to be identified as the author) are often inalienable. Even if you assign economic rights, you may still retain the right to claim authorship.
Common Law Jurisdictions: Courts look heavily at the 'four corners' of the contract. If the contract is silent on pre-existing work, the agency loses.

The Role of TermScore in Contract Analysis

Navigating these legal complexities is difficult without a legal background. TermScore uses advanced AI to instantly scan your freelance contracts, flagging overly broad assignment clauses and identifying missing 'Background IP' protections. By using TermScore, you can ensure your portfolio remains your most valuable asset, allowing you to negotiate with confidence and legal clarity.