{"course":{"slug":"independent-creative","title":"Working for Yourself","url":"https://addaly.com/learn/independent-creative","level":"intermediate","track":"create"},"lesson":{"slug":"work-you-cannot-show","title":"The third of your work that is locked","url":"https://addaly.com/learn/independent-creative/work-you-cannot-show","position":17,"of":84,"minutes":9,"answer":"Ownership and permission to display are separate questions, so read the clause, ask a narrow question at handover while the relationship is warm.","keyIdea":"Ownership and permission to display are separate questions, so read the clause, ask a narrow question at handover while the relationship is warm, and put a portfolio clause in your own contract because the request is nearly always granted at the start and nearly always awkward at the end."},"body":{"format":"markdown","text":"## The gap in every experienced portfolio\n\nThe longer you work, the more of your best work becomes unshowable. A product that never launched. An identity killed by a new marketing director. Two years inside an agency where everything went out under the agency's name. A client whose contract has a confidentiality clause you signed without reading.\n\nThis is not a fringe problem. For anyone with a few years behind them, it is common for a third to a half of their strongest work to be blocked, and the portfolio that results is unrepresentative in a specific, damaging way: it over-represents small clients who did not have lawyers, and under-represents the large ones who did.\n\n## First, find out what is actually forbidden\n\nMost people assume more restriction than exists. Go and read the contract.\n\nThree quite different things get confused:\n\n**A confidentiality clause** usually covers the client's information: their plans, figures, customer data, unreleased products. It very often does not cover the fact that you worked for them, and frequently does not cover work that has been publicly launched. Once the packaging is on a shelf, the design is not confidential; anyone can photograph it.\n\n**A non-disclosure agreement** may be broader and may have a term (two years, five years) after which it lapses. Check the date. Work that was locked in 2022 may be free now.\n\n**An assignment of copyright** transfers ownership but says nothing about whether you may show the work. Ownership and publicity are separate questions, and people conflate them constantly. A client can own the artwork outright and still be perfectly happy for it to appear in your portfolio; you just need their permission, not your copyright.\n\nSo the first move is always: read the clause, then ask. Ask the person you worked with, not the legal department, and ask specifically.\n\n## The ask that usually works\n\nA request that names exactly what you want to show gets said yes to far more often than a general one. Compare:\n\n> \"Can I put the project in my portfolio?\"\n\nagainst\n\n> \"Now that it's launched, may I show the three pack photographs and the logo on my site, with a two-line description and no mention of volumes, pricing or the launch timeline? Happy to send you the page before it goes up.\"\n\nThe second names the boundary, pre-empts the thing they are actually worried about (commercial detail leaking) and offers a review. It converts because it makes saying yes cheap and low-risk for the person deciding.\n\nAsk at the right moment: at handover or just after launch, when the relationship is warm and the work is a success in their minds. Asking eighteen months later means finding out your contact has left, and their replacement has no reason to take any risk for a stranger.\n\n## What to do when the answer is no\n\nFour legitimate options, roughly in order of usefulness.\n\n**Show it privately.** A PDF you send on request, or a password-protected page. You may still be bound (check whether the clause prohibits all disclosure or only public disclosure) but in many cases a named individual under a mutual confidence is acceptable where a public page is not. This is standard practice in advertising and product design.\n\n**Anonymise it.** Change the client name to a description (\"a national fertiliser distributor\") and remove logos, figures and identifying photographs. This is weaker than it sounds: much creative work is identifiable at a glance, and an anonymised identity project is often obvious to anyone in that industry. It works better for work where the craft is the point and the client is incidental, such as retouching, motion or illustration.\n\n**Describe it in words.** No images at all. \"Rebuilt the packaging system for a dairy brand across 34 SKUs in three languages; the constraint was that every variant had to be distinguishable at two metres in a cold cabinet.\" An experienced buyer can evaluate that paragraph. It is much better than pretending the years did not happen.\n\n**Replace it.** Make something self-initiated in the same territory, clearly labelled, that demonstrates the same capability. Slower, but fully yours.\n\n## Agency and studio credit\n\nIf you worked inside a team, the rule is: claim your contribution, precisely, and never imply more.\n\n> \"At [studio], 2023–2025. I led the type system and drew the icon set; the identity was directed by [name] with a team of five.\"\n\nThis is not modesty for its own sake. The industry is small and credit disputes travel. A designer who claims a famous campaign they art-directed one frame of will eventually be in a room with somebody who was there. The precise version is also more useful to a buyer, because it tells them what you can actually do alone.\n\n## Build the habit that prevents the problem\n\nTwo things, done during the project rather than after it, remove most of this pain permanently.\n\n**Put a portfolio clause in your own contract.** One sentence: *The designer may display the delivered work and describe the engagement in portfolios and promotional material after the work is publicly released, excluding any confidential commercial information.* Clients almost never object when it is raised at the start. They often object when it is raised at the end, because by then it is a new request rather than part of the deal.\n\n**Archive everything, immediately, in a form you can still open.** Flattened PDFs and high-quality images of every delivery, in a folder per client, backed up. Software versions rot, links break, cloud accounts get closed, and the client's own website will be redesigned. In five years, when permission finally comes through, the only copy of that work may be the one you kept.\n\n## The limitation\n\nNone of this fully solves it. Some work is locked forever, some clients will never reply, and some contracts were signed years ago on terms you would not accept now. You will have a portfolio that is a partial and slightly distorted picture of what you can do, and so does everybody else at your level. What you can control is that the gap is covered by a sentence rather than a silence."},"check":{"question":"A freelancer signed a contract assigning all copyright in a logo to the client. She wants to show it. What does the assignment tell her about whether she may?","options":[{"text":"Nothing on its own: assignment transfers ownership, while display is a separate permission she can simply ask for.","correct":true},{"text":"She may not show it, because she no longer owns the artwork and displaying someone else's copyrighted work without a licence would be infringement.","correct":false,"tempting":"This is the usual confusion. Ownership governs who can exploit the work commercially; it does not by itself settle portfolio display, which is customarily permitted and easily asked for."},{"text":"She may show it freely, because copyright assignment covers only commercial exploitation and portfolio display is explicitly exempted as fair use in most jurisdictions.","correct":false,"tempting":"Invents a general exemption. Fair use and fair dealing vary sharply by country and are not a reliable substitute for asking."},{"text":"It depends entirely on whether the contract was work-for-hire or an assignment, since only work-for-hire strips the creator of the right to display the piece afterwards.","correct":false,"tempting":"Work-for-hire and assignment differ in who is treated as the original author, which matters for moral rights and reversion, but neither term addresses display permission."}]},"prev":{"slug":"platforms-and-their-economics","title":"Five platforms, five different currencies","url":"https://addaly.com/learn/independent-creative/platforms-and-their-economics"},"next":{"slug":"the-deck-and-the-reel","title":"The file that gets forwarded","url":"https://addaly.com/learn/independent-creative/the-deck-and-the-reel"},"authorship":"Founder and series editor: Dr Mustafa Mun. Written by AI models to a written standard. Exam keys checked blind by a second model: 3,665 of 3,666 agreed. Academic review invited.","review":{"status":"Draft, open for academic review"},"cite":"Addaly (2026) 'The third of your work that is locked', in Working for Yourself. Edited by M. Mun. Addaly. Available at: https://addaly.com/learn/independent-creative/work-you-cannot-show (Accessed: 13 October 2026).","licence":{"name":"CC BY-NC-SA 4.0","url":"https://creativecommons.org/licenses/by-nc-sa/4.0/"},"reader":{"schema":1,"title":"The third of your work that is locked","courseTitle":"Working for Yourself","module":{"index":2,"slug":"work-you-can-show","title":"Work you can show"},"answer":null,"keyIdea":"Ownership and permission to display are separate questions, so read the clause, ask a narrow question at handover while the relationship is warm, and put a portfolio clause in your own contract because the request is nearly always granted at the start and nearly always awkward at the end.","hero":{"kind":"plate","image":null,"alt":null,"caption":null},"blocks":[{"t":"h2","id":"the-gap-in-every-experienced-portfolio","runs":[{"text":"The gap in every experienced portfolio"}]},{"t":"p","runs":[{"text":"The longer you work, the more of your best work becomes unshowable. A product that never launched. An identity killed by a new marketing director. Two years inside an agency where everything went out under the agency’s name. A client whose contract has a confidentiality clause you signed without reading."}]},{"t":"p","runs":[{"text":"This is not a fringe problem. For anyone with a few years behind them, it is common for a third to a half of their strongest work to be blocked, and the portfolio that results is unrepresentative in a specific, damaging way: it over-represents small clients who did not have lawyers, and under-represents the large ones who did."}]},{"t":"h2","id":"first-find-out-what-is-actually-forbidden","runs":[{"text":"First, find out what is actually forbidden"}]},{"t":"p","runs":[{"text":"Most people assume more restriction than exists. Go and read the contract."}]},{"t":"p","runs":[{"text":"Three quite different things get confused:"}]},{"t":"p","runs":[{"text":"A confidentiality clause","b":true},{"text":" usually covers the client’s information: their plans, figures, customer data, unreleased products. It very often does not cover the fact that you worked for them, and frequently does not cover work that has been publicly launched. Once the packaging is on a shelf, the design is not confidential; anyone can photograph it."}]},{"t":"p","runs":[{"text":"A non-disclosure agreement","b":true},{"text":" may be broader and may have a term (two years, five years) after which it lapses. Check the date. Work that was locked in 2022 may be free now."}]},{"t":"p","runs":[{"text":"An assignment of copyright","b":true},{"text":" transfers ownership but says nothing about whether you may show the work. Ownership and publicity are separate questions, and people conflate them constantly. A client can own the artwork outright and still be perfectly happy for it to appear in your portfolio; you just need their permission, not your copyright."}]},{"t":"p","runs":[{"text":"So the first move is always: read the clause, then ask. Ask the person you worked with, not the legal department, and ask specifically."}]},{"t":"h2","id":"the-ask-that-usually-works","runs":[{"text":"The ask that usually works"}]},{"t":"p","runs":[{"text":"A request that names exactly what you want to show gets said yes to far more often than a general one. Compare:"}]},{"t":"quote","runs":[{"text":"“Can I put the project in my portfolio?”"}]},{"t":"p","runs":[{"text":"against"}]},{"t":"quote","runs":[{"text":"“Now that it’s launched, may I show the three pack photographs and the logo on my site, with a two-line description and no mention of volumes, pricing or the launch timeline? Happy to send you the page before it goes up.”"}]},{"t":"p","runs":[{"text":"The second names the boundary, pre-empts the thing they are actually worried about (commercial detail leaking) and offers a review. It converts because it makes saying yes cheap and low-risk for the person deciding."}]},{"t":"p","runs":[{"text":"Ask at the right moment: at handover or just after launch, when the relationship is warm and the work is a success in their minds. Asking eighteen months later means finding out your contact has left, and their replacement has no reason to take any risk for a stranger."}]},{"t":"h2","id":"what-to-do-when-the-answer-is-no","runs":[{"text":"What to do when the answer is no"}]},{"t":"p","runs":[{"text":"Four legitimate options, roughly in order of usefulness."}]},{"t":"p","runs":[{"text":"Show it privately.","b":true},{"text":" A PDF you send on request, or a password-protected page. You may still be bound (check whether the clause prohibits all disclosure or only public disclosure) but in many cases a named individual under a mutual confidence is acceptable where a public page is not. This is standard practice in advertising and product design."}]},{"t":"p","runs":[{"text":"Anonymise it.","b":true},{"text":" Change the client name to a description (“a national fertiliser distributor”) and remove logos, figures and identifying photographs. This is weaker than it sounds: much creative work is identifiable at a glance, and an anonymised identity project is often obvious to anyone in that industry. It works better for work where the craft is the point and the client is incidental, such as retouching, motion or illustration."}]},{"t":"p","runs":[{"text":"Describe it in words.","b":true},{"text":" No images at all. “Rebuilt the packaging system for a dairy brand across 34 SKUs in three languages; the constraint was that every variant had to be distinguishable at two metres in a cold cabinet.” An experienced buyer can evaluate that paragraph. It is much better than pretending the years did not happen."}]},{"t":"p","runs":[{"text":"Replace it.","b":true},{"text":" Make something self-initiated in the same territory, clearly labelled, that demonstrates the same capability. Slower, but fully yours."}]},{"t":"h2","id":"agency-and-studio-credit","runs":[{"text":"Agency and studio credit"}]},{"t":"p","runs":[{"text":"If you worked inside a team, the rule is: claim your contribution, precisely, and never imply more."}]},{"t":"quote","runs":[{"text":"“At [studio], 2023–2025. I led the type system and drew the icon set; the identity was directed by [name] with a team of five.”"}]},{"t":"p","runs":[{"text":"This is not modesty for its own sake. The industry is small and credit disputes travel. A designer who claims a famous campaign they art-directed one frame of will eventually be in a room with somebody who was there. The precise version is also more useful to a buyer, because it tells them what you can actually do alone."}]},{"t":"h2","id":"build-the-habit-that-prevents-the-problem","runs":[{"text":"Build the habit that prevents the problem"}]},{"t":"p","runs":[{"text":"Two things, done during the project rather than after it, remove most of this pain permanently."}]},{"t":"p","runs":[{"text":"Put a portfolio clause in your own contract.","b":true},{"text":" One sentence: "},{"text":"The designer may display the delivered work and describe the engagement in portfolios and promotional material after the work is publicly released, excluding any confidential commercial information.","i":true},{"text":" Clients almost never object when it is raised at the start. They often object when it is raised at the end, because by then it is a new request rather than part of the deal."}]},{"t":"p","runs":[{"text":"Archive everything, immediately, in a form you can still open.","b":true},{"text":" Flattened PDFs and high-quality images of every delivery, in a folder per client, backed up. Software versions rot, links break, cloud accounts get closed, and the client’s own website will be redesigned. In five years, when permission finally comes through, the only copy of that work may be the one you kept."}]},{"t":"h2","id":"the-limitation","runs":[{"text":"The limitation"}],"role":"limit"},{"t":"p","runs":[{"text":"None of this fully solves it. Some work is locked forever, some clients will never reply, and some contracts were signed years ago on terms you would not accept now. You will have a portfolio that is a partial and slightly distorted picture of what you can do, and so does everybody else at your level. What you can control is that the gap is covered by a sentence rather than a silence."}]}],"check":{"question":[{"text":"A freelancer signed a contract assigning all copyright in a logo to the client. She wants to show it. What does the assignment tell her about whether she may?"}],"options":[{"text":[{"text":"Nothing on its own: assignment transfers ownership, while display is a separate permission she can simply ask for."}],"correct":true,"tempting":null},{"text":[{"text":"She may not show it, because she no longer owns the artwork and displaying someone else’s copyrighted work without a licence would be infringement."}],"correct":false,"tempting":[{"text":"This is the usual confusion. Ownership governs who can exploit the work commercially; it does not by itself settle portfolio display, which is customarily permitted and easily asked for."}]},{"text":[{"text":"She may show it freely, because copyright assignment covers only commercial exploitation and portfolio display is explicitly exempted as fair use in most jurisdictions."}],"correct":false,"tempting":[{"text":"Invents a general exemption. Fair use and fair dealing vary sharply by country and are not a reliable substitute for asking."}]},{"text":[{"text":"It depends entirely on whether the contract was work-for-hire or an assignment, since only work-for-hire strips the creator of the right to display the piece afterwards."}],"correct":false,"tempting":[{"text":"Work-for-hire and assignment differ in who is treated as the original author, which matters for moral rights and reversion, but neither term addresses display permission."}]}],"order":[1,2,3,0],"why":null},"prev":{"slug":"platforms-and-their-economics","title":"Five platforms, five different currencies","minutes":9},"next":{"slug":"the-deck-and-the-reel","title":"The file that gets forwarded","minutes":8}}}