Who Owns the Copyright: the Freelancer or the Client?
By default, the freelancer owns the copyright in what they create, not the client who paid for it. The client gets rights only through an agreement: in the US a signed written assignment (or "work made for hire" in a few narrow categories), in most of Europe a licence or transfer whose scope the contract defines. Paying an invoice does not by itself make the client the owner, and employment is the main exception: work made by employees as part of their job usually belongs to the employer. Two habits keep you in control: agree in writing what the client gets and when (usually on full payment), and keep a dated record of what you delivered and when you made it.
This is general information, not legal advice for a specific dispute. Rules differ by country; check yours.
The default rules
| Situation | Who owns it by default | Note |
|---|---|---|
| Freelancer or agency, no written agreement on rights | The freelancer | The client usually gets an implied right to use the work for the purpose it was ordered |
| Written assignment signed by the freelancer | The client, to the extent the assignment says | US law requires assignments to be in writing and signed |
| US "work made for hire" with a contractor | The client, but only for specific categories (e.g. contributions to a collective work, part of an audiovisual work, translations) and with a signed agreement saying so | A logo, website or illustration ordered from a contractor is usually not one of them |
| Employee, within their job | Usually the employer | In much of the EU, by law or by an exclusive right of use |
| Moral rights (to be named, to object to distortion) | Stay with the author in most EU countries | They cannot be sold, though they can sometimes be waived |
Where disputes actually come from
- The client did not pay but uses the work anyway. If rights pass only on full payment, they are using work they have no licence for.
- The client wants the source files (layered PSD, Figma file, code repository, raw footage) that were never part of the deal.
- The client registers your logo as a trademark or uses it beyond what you agreed.
- You want to show the work in your portfolio and the client objects.
- Another freelancer or the client claims they made it, and you need to show your drafts came first.
Five clauses that prevent most of it
- What transfers: exclusive or non-exclusive, which uses (print, web, ads, merchandise), which territory, how long.
- When it transfers: "rights pass on receipt of full payment". Until then, the client has no licence.
- What is delivered: final files only, or source files too, and at what price.
- Portfolio use: your right to show the work, with any embargo the client needs.
- Pre-existing material: your templates, code libraries, fonts and stock licences stay yours or remain under their own terms.
Before you hand anything over
- Send watermarked or low-resolution previews for approval, and the final files only after payment.
- Timestamp each round of drafts and the final delivery, so you can show what you made and when, independently of the client's email server.
- Keep the working files: layers, artboards, early sketches and version history show the work coming from you.
- Confirm the brief and approvals in writing, even by short email.
What a StampR certificate adds
A StampR certificate binds the SHA-256 fingerprint of your deliverable, or of a ZIP of a whole round of drafts, to a qualified electronic timestamp from BORICA B-Trust, together with your declaration that you are its author. Under Article 41(2) of the EU eIDAS Regulation, its date and integrity are presumed accurate in every EU member state. If a client who has not paid uses the work, or someone else claims to have made it, you can show on the verification page what existed and when. Files are not uploaded: only their fingerprint is sent, so client work stays confidential.
Timestamp your deliverables before you send them – the first certificate on an account is €4.90.
What it does not do
- It does not decide who owns the rights. Your contract and the law do.
- It does not replace a written agreement. Five clauses do more than any evidence.
- It does not collect payment. It supports your position if you have to pursue it.
- It does not create or record any rights. They arise when you create the work.
The wider context: copyright protection – how the right arises, and where it is weak in practice.
Related reading
- My client stole my design and didn't pay – what to do once it has happened.
- How to prove a design is mine – the evidence that counts in a dispute.
- How to show your certificate – to a client or their lawyer.
Frequently asked questions
If a client pays me, do they own the copyright?
Not automatically. Payment buys what the agreement says. Without a written transfer, the freelancer generally keeps the copyright and the client gets the right to use the work for the agreed purpose.
Is freelance work "work for hire"?
Under US law, only in a few listed categories and only with a signed agreement saying so. Most design, illustration and web work by contractors does not qualify, so it needs a written assignment instead.
Do I have to give the client the source files?
Only if your agreement says so. Many freelancers deliver final files by default and charge separately for source files and full rights.
Can I show client work in my portfolio?
If you kept the copyright or reserved portfolio use, generally yes, subject to any confidentiality you agreed. Put it in the contract to avoid arguments.
What if the client uses my work without paying?
If rights pass only on full payment, they are using it without a licence. Send a written demand with your dated drafts, and talk to a lawyer if they refuse.
Sources
- 17 U.S.C. § 101 – definition of "work made for hire".
- 17 U.S.C. § 204(a) – transfers must be in writing and signed.
- Berne Convention, Article 6bis – moral rights of the author.
- Regulation (EU) No 910/2014 (eIDAS), Article 41 – legal effect of qualified electronic timestamps.
Sources checked 2026-11-05.
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