What is the work-for-hire doctrine?

Under the U.S. Copyright Act, work-for-hire dictates that an employer or commissioning party is the legal author and owner of copyright for works created within the scope of employment or under a written agreement.

How can I protect my portfolio work in future contracts?

Always include a 'Background IP' clause that explicitly lists your pre-existing work and grants the agency only a limited, non-exclusive license to use it, rather than assigning full ownership.

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 I legally claim ownership of my pre-contract portfolio work from an agency?

Generally, no. If you created work while employed by or contracted to an agency, the 'work-for-hire' doctrine typically grants the agency ownership. You only retain ownership if your contract explicitly carves out 'Background IP' or 'Pre-existing Works' as your sole property. Without this specific language, the agency holds the copyright.

The Legal Framework of Ownership

In the United States, the Copyright Act of 1976 establishes that the creator is the initial owner of a work. However, the 'Work Made for Hire' exception (17 U.S.C. § 101) creates a critical shift. If you are an employee, your employer is legally considered the author. If you are an independent contractor, ownership depends entirely on the written agreement you signed.

The Work-for-Hire Doctrine

Employment Status: If you were a W-2 employee, the agency owns everything created during your tenure.
Contractor Status: If you were a 1099 contractor, the agency owns the work if your contract contains a 'work-for-hire' clause or an 'assignment of rights' provision.
Scope of Employment: Even without a contract, courts often look at whether the work was created within the scope of your duties.

Key takeaway: If your contract is silent on IP ownership, the default in many jurisdictions is that the hiring party retains rights to work created for their benefit. Always check for an 'Assignment of Intellectual Property' clause.

Action Item: Locate your original employment or contractor agreement and search for the terms 'Intellectual Property,' 'Work Product,' or 'Assignment.'

Comparing Ownership Rights

Contract Type	Default Ownership	Can You Keep Portfolio Rights?
W-2 Employment	Employer	Only with written permission
1099 Contractor (with IP Assignment)	Agency	Only if 'Background IP' is carved out
1099 Contractor (No IP Clause)	Creator	Yes, but risky without documentation

How to Protect Your Portfolio in Future Agreements

To avoid losing your portfolio rights in future engagements, you must negotiate specific language before signing. Do not rely on verbal promises from recruiters or managers.

Essential Contract Clauses

Background IP Clause: Explicitly define your pre-existing work as 'Background IP' and state that you retain all rights, title, and interest in it.
Limited License Grant: Instead of assigning ownership, grant the agency a 'non-exclusive, royalty-free, perpetual license' to use the work solely for the purpose of the project.
Portfolio Usage Rights: Include a clause that allows you to display the work in your professional portfolio, provided you do not disclose confidential information or trade secrets.

Identify all pre-existing assets you intend to use.
Draft an 'Exhibit A' or 'Schedule' to your contract listing these assets.
Ensure the contract states that the agency receives no ownership interest in these specific items.
Have a legal professional review the final language to ensure it doesn't conflict with the 'Work-for-Hire' section.

Action Item: Draft a 'Background IP' addendum for your next contract that lists your portfolio pieces by name or project ID.

What to Do If You Already Signed

If you have already signed a restrictive agreement, your options are limited but not non-existent. You may need to negotiate a 'Release of Rights' or a 'Letter of Consent' from the agency.

Audit the Contract: Check if the assignment of rights is limited to 'deliverables' or 'all work created.'
Request a License: Ask the agency for a written letter granting you permission to display the work in your portfolio.
Redact Sensitive Data: If the agency refuses, ask if you can display a redacted version or a case study that describes the process without showing proprietary assets.

Key takeaway: Most agencies are willing to grant portfolio rights if you ask politely and demonstrate that it does not compromise their competitive advantage or client confidentiality.

Action Item: Draft a professional email to your former manager requesting a 'Portfolio Usage Release' for specific projects.

TermScore can automatically analyze your existing or proposed contracts to identify hidden 'Assignment of Rights' clauses and flag missing 'Background IP' protections, ensuring you never accidentally sign away your portfolio again.