The portfolio clause is one of the most important clauses for an Agency. In the absence of a portfolio clause, an Agency is generally limited to saying that it worked on a Client project (unless a confidentiality agreement is in place) but it cannot use any images of the work. Thus, the Agency should address portfolio rights proactively to ensure it has the rights it needs.

While a portfolio clause can take many forms, the key elements an Agency is looking for in a portfolio clause include:

Note that you do not need to retain the copyright in your work to use it in your portfolio. You only need written permission from the Client. Effectively, a license from your Client.

A thorough and Agency favorable portfolio clause might read something like this:

<aside> 📑 Portfolio. After Client has released Agency’s work to the public, Agency may use Client’s name, links to Client’s website, a description of the work, and images of the work (including unused concepts) (i) in Agency’s portfolio (written and electronic) to promote and demonstrate its work, (ii) in media publications, (iii) in Agency’s social channels, and (iv) in submissions to competitions for purposes of pursuing awards of recognition. Agency may use its work in these ways without additional compensation to Client.


Some notes about a portfolio clause:

<aside> 📑 Portfolio. As an exception to the Confidentiality Agreement dated [date] between Client and Agency, after Client has released Agency’s work to the public, Agency may use ...


Keep these tips in mind to get your Agency and your Client on the same page about portfolio use of the work.