If you work with freelancers or are thinking about working with freelancers, it’s probably not a question you’ve thought of before. After all, you’ve paid for something to be produced – surely, you can do what you want with it… right?
Not necessarily – unless explicitly agreed, the freelancer owns the copyright to the deliverable they have produced.
If you don’t have an agreement in place, don’t panic yet. After all, by agreeing to create something for you the freelancer is implying that you have the right to use it. Even so, it’s always a good idea to agree who can do what. In essence, this is what a licence does – it clarifies what you and a freelancer can do with the deliverable they have produced.
So, what kinds of licence can you have? The answer will vary depending on the freelancer, the client, and the project. To give you an idea, here are some of the elements I’ve included in my licences in the past:
1) An option to choose non-exclusive, exclusive, or assignment of copyright: This is perhaps the element that concerns you the most. Let’s look at them one by one.
- A non-exclusive licence means you are allowed to use the deliverable, but I can also allow others to use the same deliverable.
- An exclusive licence means you are the only one allowed to use the deliverable. Exclusivity can include a time limit, after which it switches to a non-exclusive licence. Alternatively, exclusivity can be in perpetuity.
- An assignment means that you own the full copyright of the deliverable, i.e. you can do whatever you want with it. If you plump for this option, elements 2, 3, 4, and 5 aren’t relevant.
2) The option to have the deliverable white-labelled/ghost-written or retain my name as the author.
3) The right for you to use, distribute, and translate the deliverable: This means you don’t have to come back to me if you decide to use the deliverable in a different format, such as creating an audio version of a written piece of content or sharing snippets on your social media channel, want to use the deliverable in a trade publication (for example), or translate the deliverable into another language.
4) Non-transferable: This means you cannot transfer the licence to a third party in whole or in part without permission from me.
5) Geographic Restrictions: Most of my licences are “worldwide”, meaning the licence terms don’t have a geographic restriction.
6) The right for me to use the deliverable in my portfolio and for publicity purposes. This means I can freely share and promote the content I’ve produced for you throughout my network and use it in my portfolio for onboarding new clients. This right can be restricted to portfolio-only, share only, or even removed altogether
So, which elements should you look to include in your agreement?
For journalism pieces, my clients generally opt for a time-limited exclusive, non-transferable, worldwide use licence to use, with full rights for me to use the deliverable in my portfolio and for publicity purposes.
My business and NGO clients looking for outreach and engagement content, generally for one of two options:
1) An exclusive in perpetuity, non-transferable licence with full rights to use, distribute, and translate the deliverable. This licence is typical with deliverables in which I am accredited as the author.
2) An assignment of copyright. This licence is is typically used when the deliverable is white labelled/ghost-written.
In both cases, what rights I retain in relation to use of the deliverable in my portfolio or publicity purposes varies.
On the other hand, my government clients asking for research, synthesis, or reports plump for an assignment of copyright. In this case, I typically waive my right to use the deliverable for publicity and sometimes in my onboarding portfolio. This is because the deliverables can be of a highly sensitive nature, or they may be for the eyes of a select few.