[arg_discuss] Intellectual property and freelance work

[dave at daveszulborski.com]

Yes, as Andrea pointed out, it's normal that any work you do, even as  
a freelancer or consultant under these circumstances, is considered  
"work for hire", meaning the client retains all rights to whatever you  
create. As Michelle indicated, however, it's entirely reasonable for  
the freelancer to ask to be credited for their work and to retain  
limited rights over anything created for portfolio purposes. Actually,  
under most circumstances, you have the right to display whatever  
you've made as part of your portfolio, even if you haven't  
specifically asked for that under your contract. You just can't try to  
re-sell or profit from your creations done as work for hire in any way.

For example, in 2006 I created a set of 100 puzzles for Dreamworks and  
Campfire to promote the animated film Over the Hedge. I can publish  
the puzzles as part of a work explaining my career and work I have  
done, but can't publish and sell the 100 puzzles as a separate book of  
puzzles, since the characters and subject matter they contain are  
either owned by Dreamworks or the original creators of the Over the  
Hedge comic strip.

Similarly, in 2007 I wrote a fictional blog called  
thepresidentsbook.com for the film National Treasure 2: The  
President's Book of Secrets, under contract to Disney and Deep Focus.  
I can publish portions of my writing from that job in my portfolio, on  
my website, or even in an upcoming book release about work I have  
done, but can't compile the 42 blog entries into a separate book and  
publish and sell it for profit.

Dave Szulborski
dave at daveszulborski.com
www.daveszulborski.com