Freelancer contracts

Whether you are a freelancer in need of help setting yourself up with an appropriate contract, or are an employer using freelance assistance in your business, you would be well advised to ask a lawyer to advise you and perhaps set up a template for you to use in the future.

As with all commissioned works, it is vital that the freelancer is absolutely clear what is to be produced, and what the client or customer expects. Managing expectations is the key to a successful outcome.

Depending on the nature of the work that is being done freelance, it is important to involve lawyers who can properly advise on IP issues.

Designs

People who commission work expect to own the IP purely because they are paying for the work to be created. If there is no specific contractual agreement about ownership of design rights then the default provisions under the law say that the unregistered design right in the end product will belong to the person commissioning the work. On the other hand copyright will vest in the creator of the design in such a situation.

To avoid future problems, it is important to be absolutely clear on the point. Otherwise disputes will arise because the client may argue that although they did not mention copyright specifically, they did say that they wished the piece to be ‘exclusive’. If you as designer agreed to this, then you may be bound not to produce the same design for anyone else.