Under UK copyright law, freelancers own the work they create by default — unless they have signed it away. Here is what that means in practice.
Under section 11(1) of the Copyright, Designs and Patents Act 1988 (CDPA), the person who creates a copyright work is its first owner — for literary, dramatic, musical, and artistic works, as well as software and photographs. When you create a logo, write copy, or build a website as a freelancer, you own the copyright in it by default, unless you have agreed in writing to transfer it.
The main exception is employment: under section 11(2) CDPA, works made by an employee in the course of their employment vest automatically in the employer. Freelancers and independent contractors are not employees, so this does not apply to them. However, if a tribunal or court found your relationship was actually employment rather than genuine self-employment, the IP position could shift.
Many client contracts assign copyright in the deliverables from you to the client. Under section 90(3) CDPA, an assignment must be in writing and signed by the assignor (you) — a verbal agreement to transfer copyright is not effective. Once it takes effect, you no longer own the work. Check whether the assignment covers only the final deliverables or sweeps in background IP and pre-existing materials, and whether it is conditional on payment.
An alternative to assignment is a licence — you keep ownership but grant the client agreed rights to use the work. Licences can be exclusive (only the client, including you, can use it) or non-exclusive (you can use or licence it elsewhere). Scope matters: an exclusive licence for a logo in one sector is very different from a worldwide exclusive licence across all media. A licence need not be in writing to be effective, but a written one is strongly advisable.
Even where copyright is assigned, you keep moral rights under the CDPA unless you expressly waive them. The most relevant are the right of attribution (to be identified as the author) and the right of integrity (to object to derogatory treatment). Moral rights must be asserted, typically in the contract, and can be waived in writing — many client contracts include a waiver as standard, so consider whether you are comfortable with it.
Background IP is the materials, tools, code libraries, or design systems you bring to a project independently of the engagement. A broad assignment that is not carefully limited could inadvertently transfer ownership of background IP to a client — particularly relevant for developers and designers who reuse components. Define background IP explicitly and carve it out of any assignment, or licence only the deliverables.
No. Payment alone does not transfer copyright under English law. The client has paid for the service and owns any physical deliverable handed over, but the intellectual property remains yours unless you have signed a written assignment under section 90(3) of the Copyright, Designs and Patents Act 1988. Many clients assume payment means ownership — a common source of disputes.
It depends on the contract. If you assigned copyright without retaining any rights, strictly you need the client’s permission to reproduce the work, even in a portfolio. Some contracts include a portfolio licence as standard; others do not. If portfolio use matters to you, negotiate an explicit right at the outset rather than assuming.
Yes — identifying IP assignment and licence clauses is something The Counsel can help with as an AI legal information tool. It highlights what rights the contract purports to transfer, flags broad or unusual provisions, and explains the effect in plain English. It provides information, not legal advice — it is not a solicitor and cannot advise on whether specific terms serve your commercial interests the way an IP or commercial solicitor could.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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