Just hoping to get some insight on a current situation I'm in.
I've just started freelancing and finished an identity project for a venue/bar which was commissioned by an advertising agency.
However the advertising agency is now saying I can't show the work I did on my website because it was their project.
This doesn't sound right or fair to me, especially when I did not sign anything or have any agreement that this would be the case.
All I'm wanting is to add the project to my portfolio, so if anyone could provide any information on my rights as a freelancer in this situation, that would be brilliant.
Feel free to use this thread as a platform to provide any more relevant info on freelance rights...
It's not true actually. Without an agreement to the contrary, Australian copyright law assigns ownership to the creator, not the client. Agencies usually make a freelancer sign something assigning their ownership and moral rights to the agency for this very purpose.
::Who owns copyright?
The general rule under the Copyright Act is that the creator of an artistic work is the first owner of copyright.
There are, however, a number of exceptions to this general rule. These exceptions are explained below.::
::Works created in the course of employment
Unless there is an agreement to the contrary, the first owner of copyright will be the employer if the artistic
work was created as part of the employee's usual duties.
However, freelancers or contract workers may be the first owners of copyright in works they create as part of their
job, depending on the terms and conditions of the agreement. ::
In general terms, if a graphic artist is commissioned to create an artistic work, the graphic artist will own
copyright, unless there is an agreement to the contrary. In these cases, the client will have the right (“licence”)
to use the work for the purposes for which it was commissioned. ::
So, if you didn't have a prior agreement regarding the licensing or assignment of copyright for the project, the agency is most likely has no right telling you not to display the work, and is infringing your moral rights by doing so.
::its true. i wouldn't showcase it on a website if i were you. they technically own the art/creative.
Not true - if you haven't signed anything then you are within your rights to show it. Credit the hell out of it though, be specific about who it was (the agency - and link back to them), what you did specifically and what your role was on the job.
I know it is annoying as someone employing others seeing your work on a freelancers website. The agency got the client, managed the relationship and employed you to work on it - last thing they want is the client finding your website and seeing your name attached to it.
I guess at the end of the day the question is: do you want to do more work for this agency?