Intellectual Property Facts Every Freelancer Should Know

In the last years, working online or remotely has taken a new, exciting turn.

 

It is no more only a way for Moms at home to make a little extra pocket money. Today freelancing is a career choice that, if done well, can result in an extremely profitable and rewarding lifestyle. Yet, working from the comfort of your home also means that you might never be able to meet your client in person. So, after many months of hard work, how can you regulate who holds the right of your just-born creation?

 

Many freelancers tend to overlook the importance of intellectual property rights, and they are happy to hand over the completed project before the deadline. Yet, maintaining ownership over some of the rights of your creation is essential to build a shiny portfolio.

 

Before you take any action, have a conversation with an attorney who understands intellectual property law.

 

Intellectual Property: defined

Intellectual Property, or IP, is anything anybody creates out of their genius and can have commercial use. Intellectual properties range from writing, designing, or creating art to logos, inventions, or ideas.

 

While any piece of work that originates from the mind entirely belongs to its creator, this assumption is correct only until you decide to explicitly give it away to a client or sell it to a company.

 

For how profitable such creations can be, they are intangible and sometimes indefinite. These intrinsic features make it hard for a freelancer to claim rights over a specific job, once he or she decides to pass it on.

 

There are laws that protect Intellectual Property

Intellectual property rights are not only regulated by several national and international laws, but they are also promoted by world organizations such as WIPO. While such laws can seem obscure at first, you probably already know many of them. The ones we refer most commonly to are:

• Trademark
• Copyright
• Right of Privacy
• Right of Publicity
• Trade Secrets

Each of these regulations protects specific aspects of intellectual properties and their commercial use. However, if you are new to the subject and you are experiencing troubles with your creation’s rights, it is best to refer to qualified teams of attorneys such as Condo Roccia.

 

Use written agreement

So, a client has asked you to work on a project and, once completed, you have successfully submitted your piece. Now what? Who owns the rights over your creation? What can your client do with it?

Not all clients are the same or have the same expectations. Establishing a contract or written agreement before you start working on your project is essential to understand how the client can use it. However, without written proof, all rights belong to the freelancer, regardless of whether the client submitted a payment.

Should you own some of the rights over your creation?

So now you know that you can easily protect your work. But why are your IP rights so important? Without holding at least some of them, you will not be able to use them to increase your portfolio. In turn, a smaller collection of works might prevent you from taking your career – and income – to the next level.

Bottom Line

Building trust with a client that you might never meet in person can be a challenging venture for every freelancer. However, beyond meeting deadlines and following schedules, understanding what a client can ask you and what rights you can claim over your project is at the core of a healthy relationship.

 

Before you take any action, have a conversation with an attorney who understands intellectual property law.

 

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Ken Boyd

Author: Cost Accounting for Dummies, Accounting All-In-One for Dummies, The CPA Exam for Dummies and 1,001 Accounting Questions for Dummies

(email) ken@stltest.net

(website and blog) https://www.accountingaccidentally.com/