What is a 'Work Made for Hire' clause?

A 'Work Made for Hire' clause is a legal provision that transfers ownership of creative output from the creator to the hiring entity. If not carefully drafted, it can inadvertently capture your entire portfolio.

How can I protect my portfolio from agency overreach?

Always include a 'Background IP' or 'Pre-existing Intellectual Property' exclusion clause in your contract, explicitly listing your portfolio as your sole property.

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 demand ownership of my pre-contract portfolio work?

Q: Can an agency legally demand ownership of my pre-contract portfolio work?

No. Pre-contract portfolio work is your intellectual property. An agency only gains ownership rights if you explicitly sign a contract containing a 'Work Made for Hire' or 'Assignment of Rights' clause that specifically includes pre-existing materials.

No, an agency cannot legally claim ownership of your pre-contract portfolio work. Intellectual property rights are established at the moment of creation. Unless you sign a contract that explicitly assigns those specific rights to the agency, your portfolio remains your sole property, regardless of any subsequent employment or freelance agreement.

The Legal Basis of Ownership

Under the U.S. Copyright Act of 1976, the creator of a work is the initial owner of the copyright. For an agency to claim ownership of your pre-existing work, they must demonstrate a valid, written transfer of rights. A standard "Work Made for Hire" clause in an employment contract typically only applies to work created during the term of employment, not before it.

Common Red Flags in Contracts

Overbroad Assignment Clauses: Language that claims ownership of "all intellectual property created by the Employee, whether before or during the term of employment."
Lack of 'Background IP' Definitions: Contracts that fail to distinguish between new deliverables and your existing professional portfolio.
Ambiguous 'Invention' Definitions: Clauses that define "Inventions" so broadly that they encompass your entire creative history.

Key takeaway: Never sign a contract that lacks a specific "Background IP" or "Excluded Property" schedule. If it isn't listed as excluded, you are at risk.

Comparing Standard Clauses

Clause Type	Scope	Risk Level
Work Made for Hire	Future work only	Low (if limited)
General Assignment	All work during term	Medium
Broad Assignment	All work, past and present	Critical

How to Protect Your Portfolio

You must proactively manage your contract terms to ensure your past work remains yours. Follow these steps to safeguard your assets:

Inventory Your Work: Create a document listing your pre-existing portfolio pieces, including dates of creation and publication.
Insert an Exclusion Clause: Add a provision stating: "The Company acknowledges that the Employee owns all right, title, and interest in the works listed in Exhibit A (the 'Background IP')."
Review Definitions: Ensure the definition of "Deliverables" or "Work Product" is strictly limited to work performed under the current agreement.
Negotiate the Scope: If an agency insists on broad language, negotiate a "License" instead of an "Assignment." This allows them to use your work without you losing ownership.

Jurisdictional Nuances

In states like California, Labor Code Section 2870 provides specific protections for employees regarding inventions created on their own time without company resources. However, this does not automatically protect your portfolio. You must still ensure your contract does not override these protections through aggressive "Assignment of Inventions" clauses.

Actionable Steps for Freelancers and Employees

If you are currently reviewing an offer, do not assume the agency's "standard" contract is non-negotiable. Most agencies will remove or amend overreaching clauses if you point out that they conflict with your existing professional obligations or prior creative work. If a contract is already signed, consult with an attorney to determine if the clause is enforceable or if it constitutes an unconscionable contract of adhesion.

Automated Contract Analysis

Manually reviewing complex legal agreements for hidden "Assignment of Rights" traps is time-consuming and prone to human error. TermScore uses advanced AI to instantly scan your contracts, identifying overbroad IP clauses and flagging missing "Background IP" protections before you sign. Ensure your creative legacy remains yours by running your next contract through TermScore.