How to Protect Your IP in Freelance & Consulting Agreements

Learn the legal best practices for protecting intellectual property in freelance and consulting contracts. Includes free downloadable templates.

Frequently Asked Questions

Who owns the IP if there is no written agreement?

In the United States, the creator (freelancer or consultant) generally owns the copyright to their work unless there is a written assignment. The exception is

Can I reuse code or designs I created for a client?

It depends on your contract. If you assigned all IP to the client without carving out pre-existing tools, you may not be able to reuse any of it. Always include a Pre-Existing IP Exclusion clause to protect your reusable assets.

Are electronic signatures valid for IP assignment agreements?

Yes. Under the ESIGN Act and eIDAS, electronic signatures on IP assignment agreements are fully legally binding and enforceable in court, provided the signing platform maintains proper audit trails.

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