I've been working with a client on a mobile app producing a handful of UI/UX for them. My client recently sent over a design agreement and I wanted to ask for some advice on all of this before I signed. I'm a little unsure what I'm signing away here, if there's anything shady in this. I would ideally like to retain my portfolio rights, only allow my UI to be used on this current app and retain rights to any unused designs. I've pasted what got sent to me below. Don't really know the best way to approach this.
Assignor warrants, represents and undertakes to Company that:
If I were you I would add a sentence that "Up on Full Payment to the assignor (the freelancer) the assignee (the client) owns all rights, title and interests in the Work Product as defined below"
If you were to design a new algorithm or something that you can make future money you may want to exclude that piece and giving rights to clients to sell it on their own.
I suggest that you add the line that you retain the right to use the project in your portfolio.
There is a law that covers public domain. Things like portfolios and examples of work are not covered under copyright laws. I am not a lawyer, but I know it was used in a case where my company was being accused of copyright laws because we used the image of a website that had a copyright image on it. In the case of portfolios, the copyright law was not applicable.
Something to think about but it would be good to have the understanding with them if you are going to sign the contract.
Hm. Seems OK in most aspects - basically, they want to make sure that after you've done the work for them, you don't come back at some later date & try to squeeze more $$ out of them by asserting some kind of copyright suit. It also seems more like boilerplate, aimed at devs/coders, who have in the past had massive suits & judgments over code that they've written that was NOT covered by a work-for-hire agreement.
What I'd be more concerned with are any "Indemnification" clauses that usually walk hand-in-glove with copyright clauses. A lot of those are boilerplate that basically shifts all legal responsibility to you, and says that the company that hires you isn't liable if you go bonkers and steal a bunch of stuff & represent it as your own original work. Which is fair. The part that isn't fair is when some clauses then follow up and say that if the company takes your work and modifies it in some way, you still remain responsible for paying the legal bills & judgments.
That part is Not. Cool. But I didn't see that in the excerpt that you posted here, so it may be a moot point, at best.