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 prior to a contract unless you have signed a written assignment agreement transferring those specific rights to the agency.

What is a 'Work for Hire' clause?

A 'Work for Hire' clause is a contractual provision where the freelancer agrees that the hiring entity is the legal author and owner of the work created during the term of the engagement.

How can I protect my existing portfolio?

Ensure your contract contains a 'Background IP' or 'Pre-existing Intellectual Property' clause that explicitly excludes your portfolio work from the scope of the agreement.

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 an agency legally claim ownership of pre-contract freelance portfolio work?

No, an agency cannot legally claim ownership of your pre-contract freelance portfolio work. Under copyright law, you are the original author and owner of all work created before an agreement exists. Ownership only transfers if you explicitly sign a written contract assigning those specific rights to the agency.

The Legal Basis of Portfolio Ownership

Intellectual property (IP) rights are inherently vested in the creator at the moment of fixation. In the United States, the Copyright Act of 1976 dictates that the author of a work is the owner unless a written instrument of transfer is executed. An agency cannot retroactively claim ownership of work produced before the professional relationship began simply by presenting a contract that contains broad, sweeping language.

The Danger of 'Work for Hire' Clauses

Many agency contracts include "Work for Hire" (WFH) provisions. While these are standard for new work, they are often drafted too broadly. If a contract states that "all work created by the freelancer is owned by the agency," it may inadvertently attempt to capture your past portfolio. You must ensure that the definition of "Work" or "Deliverables" is strictly limited to the services provided under the current engagement.

Key takeaway: Always review the "Definitions" section of your contract. If the definition of "Work Product" is not limited to the specific project at hand, you risk signing away your entire professional history.

Action Item: Audit your current contract for any language that refers to "all work created by the freelancer" without a temporal limitation. If found, request an amendment to include the phrase "created during the term of this agreement."

Distinguishing Background IP from Deliverables

Professional contracts should distinguish between "Background IP" and "Foreground IP." Background IP refers to the tools, methodologies, and portfolio pieces you bring to the table. Foreground IP refers to the specific assets created for the client during the contract period.

Category	Ownership Status	Contractual Treatment
Background IP	Freelancer	Retained by freelancer; client receives a limited license.
Foreground IP	Client/Agency	Transferred to client upon full payment.
Pre-existing Portfolio	Freelancer	Excluded from the scope of the agreement.

How to Protect Your Portfolio in Contracts

To ensure your portfolio remains yours, you must include a "Pre-existing Intellectual Property" clause. This clause serves as a legal firewall, explicitly stating that any work created prior to the effective date of the contract remains your exclusive property.

Identify all existing portfolio assets you intend to use in the future.
Draft an "Excluded Assets" schedule to attach to your contract.
Ensure the contract states that the agency receives no rights, title, or interest in these excluded assets.
Verify that the license granted to the agency is limited to the specific project deliverables only.

Action Item: Create a standard "Background IP" addendum that you attach to every contract. This document should list your portfolio website and key previous projects as "Excluded Property."

Red Flags in Agency Contracts

Agencies often use "boilerplate" contracts that favor their interests. Be wary of the following language:

"All-encompassing assignment": Language that claims ownership of "all intellectual property created by the freelancer, whether before or during the term."
"Perpetual and irrevocable": Clauses that demand a perpetual, worldwide, royalty-free license to use your entire body of work.
"Non-compete overlap": Clauses that restrict your ability to show your work to other potential clients, effectively acting as a de facto ownership claim.

Key takeaway: If an agency insists on owning your pre-contract work, they are effectively asking you to sell your professional identity. This is a major red flag and usually indicates a lack of respect for independent contractor status.

Action Item: If you encounter these red flags, propose a "License-Back" provision. This allows the agency to use the work for the project, but explicitly grants you the right to display the work in your portfolio for marketing purposes.

The Role of TermScore in Contract Analysis

Navigating these legal nuances is critical to protecting your career longevity. TermScore uses advanced AI to automatically scan your freelance contracts, identifying overly broad "Work for Hire" clauses and missing "Background IP" protections. By flagging these issues before you sign, TermScore ensures you retain ownership of your portfolio while maintaining professional relationships with your agency partners.