Can I show designs I made while working for an agency in my profile

[vlree_]

Hi!

I was working for a digital agency for 2.5 years (back in 2014.) Now I created my profile — and I really want to add one project I did while working in the agency (mobile app, still operating, 50k downloads — pretty good case.) I was the lone designer at it. The matter is that the agency is also on Upwork (though, not active) and has it in their portfolio. 

Is there any chance I can add the work to my portfolio? I'm afraid of getting banned for alleged plagiarism. 

[AleksandarD]

Hi Valeriia,

If you have permission from the Client and the Agency you can post the work on your profile.

Thank you.

[vlree_]

Aleksandar, in what form should the permission be?

I mean, by law, it's my inherent right to publish the works, and I didn't signer anything like "I will not publish them" — so the permission is for granted. But seems I should create some kind of signed agreement to be on the safe side? Or not? 

[petra_r]

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Valeriia P wrote:

Aleksandar, in what form should the permission be?

I mean, by law, it's my inherent right to publish the works,

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No. On Upwork, by the terms of service you agreed to, unless something else is specifically agreed to, all rights pass to the client once payment was made.

I personally do not think you need to have permission from the agency, they do not own the rights to anything, but you do need permission from the client.

Edited to add: Did you do the work in 2014 as part of an Upwork agency? (I mean did you have an Upwork account that was part of an Upwork agency?) In which case it gets complicated as you are then npot allowed to have created another account.

It also gets complicated if you did the work for a non Upwork client (the agency) which then sold it to an Upwork client...