Essential guide to protecting intellectual property for freelancers

Baraka Mafole

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Although intellectual property (IP) isn't a new concept, many freelancers still struggle to understand it. As a freelancer, IP protects your work from theft, ensures you receive fair compensation, and helps you build a recognisable brand.

This post will serve as a guide to everything you need to know about intellectual property and why, as a freelancer, you should pay attention to it.

First, let’s explain intellectual property.

Intellectual property can easily be defined as any intangible creation of human intellect such as literary and artistic works, names, designs or symbols.

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Some examples of intellectual property from different groups of freelancers include:

  • For writers and content creators, intellectual property can be any original written or spoken work such as articles, blogs and scripts they’ve created.
  • For graphic designers and illustrators, intellectual property can be any original designs, illustrations, and cover designs.
  • For software developers, intellectual property can be any original code or software they develop.
  • For filmmakers and videographers: Intellectual property can be any original films, documentaries, or online videos.

For years, freelancers have complained about their clients’ misuse of their intellectual property on public forums like Quora, Reddit, and Twitter.

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So, let’s educate ourselves on common and popular ways clients misuse freelancers’ intellectual property and rights:

Unauthorised use of freelancers’ works

Some people copy freelancers’ works and share them online without their consent or permission. This is common for digital content such as articles, images, and software.

People should understand that their acts are regarded as unauthorised use of other people’s works and interfere with the freelancer’s intellectual property rights.

Attribution issues

Freelancers deserve credit for their work and for collaborating with others. Incorrectly attributing work to someone else can dilute the freelancer’s brand and reputation.

Whenever you work with freelancers, credit their work. Crediting freelancers’s work will help scale their brand and make them feel valued.

Plagiarism

Content theft is sadly becoming a trend in the freelancing world. It usually happens when a person copies and presents other people’s works and creations. In addition to stealing other people’s works, clients tend to derivate freelancers’ works without proper attribution or compensation to the original freelancer.

Reverse engineering

Reverse engineering usually happens when freelancers’ original works are reverse-engineered to create similar products without permission. It is common among freelancers offering tech-related services, as their source codes are usually copied and used in other projects without authorisation.

These are just some common ways clients misuse freelancers’ intellectual property and unfortunately, many freelancers fall victim. Therefore, it’s crucial to discuss the methods freelancers can use to protect their intellectual property.

How to protect your intellectual property as a freelancer

Understand your intellectual property rights

Proper understanding of intellectual property is crucial for freelancers. They can learn about intellectual property through different resources such as blogs, YouTube, and even your colleagues. Knowing this will enable you to understand how to protect your work and enjoy its fruits.

Never work without a contract

A contract protects you and your work from unforeseen issues. Before taking on any project, you should have a freelance contract that clearly outlines the scope of work, payment terms, and IP ownership. The contract will also enable you to explain whether the work is “ work for hire ” or “if you retain the IP address.”

Non-disclosure agreements are also important when work involves sharing sensitive information with clients or collaborators, primarily to protect trade secrets.

Use watermarks and copyright notices

Watermark and copyright notices usually work for freelancers offering creative work. Adding a watermark is more accessible, especially on digital images, design, and visual elements. The watermark shows the original owners of the work.

Leverage technology

Technology has created different ways for freelancers to protect their intellectual property. Digital proper management systems, such as Adobe Digital Editions, Apple Fair Play, Google, and Widevine, are among the most popular digital proper management tools.

Wrapping up

We hope this guide has made intellectual property easier for you to understand and that you can take the right steps towards protecting yourself and your work. For more tips and guides on how to easily navigate your freelance journey, join our supportive community of freelancers from across the world.

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