Can you include work done as a freelancer in your portfolio?

[02f72406]

Hi there,

I'm brand new to the world of freelancing and am trying to understand the legality of sharing work done for other companies. For the past 6 years, I was employeed by a company and produced what I would consider a sizeable portfolio of work, everything from catalogs, email designs, product packaging, etc. However, I signed a Confidentiality Agreement upon resignation and do not think I'm allowed to share any content I've created for the company as an employee. Am I understanding that correctly?

Is this different as a freelancer? Or do you typically have to sign NDAs and cannot share work completed for them? 

I'm trying to figure out how to show off my design skills, in particular, but don't seem like I'm able to share anything I've created to date to get me started in the freelance world. 

Help!

Many thanks,

Jess

[gilbert-phyllis]

You are correct that what you created as an employee belongs to the employer. As a freelancer, you need a client's permission to use what you produced for them in your own portfolio. Some clients are fine with that, others not. Meanwhile, you can create pieces on your own for your portfolio. You might also look for opportunities to do pro bono work for non-profits you want to support, with the understanding you'll have the option to use the work in your own portfolio.

[prestonhunter · Accepted solution]

You may include anything in your portfolio as long as it represents work that YOU did, and you have permission to show it in your portoflio.

It doesn't have to be work that you did as an Upwork freelancer.

It doesn't have to be work that you did for pay.

You can include work in your portoflio that you created specifically for the purpose of posting it in your portfolio.

You can include work that you did for an Upwork or non-Upwork client if the client allows you to do so.

If you worked for a client and the client ended up not paying you, then your original work belongs to you and you can post it without getting permission from anybody else

[02f72406]

Thank you! 

And what about this scenario:  My employer paid for me to take a graphic design course, in which I created a variety of materials about the company, but were never actually used by the company. In other words, they were mockups and served no real use to the company. 

Can these be added to my portfolio, or would I still need permission?

[tagrendy]

If they paid for it I'd think they own it. Is contacting the company and asking for permission to showcase some of the works you've done not an option? I'm sure they'd agree if you credit them too. 

[prestonhunter]

re: "Can these be added to my portfolio, or would I still need permission?"

Jessica, I can't tell you what to do.

But this is what I would do:

I would send an email to the supervisor of that project:

"Dan, I would like to post some of the promotional design materials I created while taking the graphic design course as portfolio pieces in my online freelance work portfolio. If the company doesn't want me to do that, just let me know and I won't do it."

[02f72406]

Excellent. Thank you so much, everyone, for the advice. Super helpful!

[martina_plaschka]

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Jessica D wrote:

Thank you! 

And what about this scenario:  My employer paid for me to take a graphic design course, in which I created a variety of materials about the company, but were never actually used by the company. In other words, they were mockups and served no real use to the company. 

Can these be added to my portfolio, or would I still need permission?

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Yes. And in any case, always err on the side of caution. Use absolutely nothing you don't have permission to do.