Clause library
Publicity and portfolio use clause, explained
A publicity-and-portfolio clause says whether either side may name the other, show the work, or use logos in marketing, and whether an embargo applies until launch.
Last updated 28 October 2026
What does a publicity and portfolio use clause do?
A publicity-and-portfolio clause says whether either side may name the other, show the work, or use logos in marketing. Copyright stays with the author until assigned (CDPA 1988 s.11). Showing a finished piece in a portfolio is a restricted act (s.16) unless this clause or a licenceA licence is permission to use work in an agreed way, without taking ownership away from the person who made it.More in the glossary allows it. We write the permission and any embargo on one page.
Can a freelancer show the work in a portfolio by default?
Not if the paper is silent and the client owns or exclusively licenses the work. Reproducing a design or a photograph in a portfolio copies a work (CDPA 1988 s.16) and needs permission. Write a portfolio licence: finished work, after launch, non-exclusive, with a right to crop for web. If the supplier still owns copyright, the clause is confirmation rather than a grant. Pair it with usage rights.
What about using the client’s name and logo?
That is a separate permission. A client’s name and mark are not yours to use in a case study because you did the job. Write whether the supplier may name the client, use the logo, and describe the brief. A regulated client, a stealth product or a celebrity wedding is the usual ‘no publicity’ case. Keep the grant revocable on reasonable notice so a later brand guideline can land.
Should there be an embargo until launch?
Yes, on a campaign, a product shot or a wedding. Portfolio use after the first public use, or after a named date, is the usual shape. An embargo is not confidentiality; secrets stay secret even after launch if the NDAAn NDA is a contract in which one or both parties agree to keep shared information confidential.More in the glossary says so. Write both. A tweeted behind-the-scenes still during an embargo is how a launch leaks.
How does this sit next to confidentiality?
confidentialityConfidentiality is a promise to keep shared information private and to use it only for the agreed purpose.More in the glossary cannot be shown just because a portfolio clause exists. Client files, unreleased cuts and unpublished copy stay inside the confidentiality duty. The publicity clause is permission to show finished, non-confidential work, and to name the relationship. If a case study needs figures or a quote, get a separate written okay. Do not let a portfolio sentence punch a hole in the NDA.
Example wording
Example · our own drafting
Subject to confidentiality, the Supplier may show finished Deliverables in its portfolio and on its website after the Client’s first public use, or after the embargo date in the scheduleA schedule is an annex to the contract that holds the detail: fees, dates, deliverables, service levels. It is part of the agreement if the main body says so. An order-of-precedence line should say what happens if the schedule and the clauses collide. Swap a schedule only by the variation method the contract names.More in the glossary if sooner. The Supplier may name the Client and describe the nature of the work, but may not use the Client’s logo without prior written consent. Either party may revoke publicity permission on [14] days’ written notice for future use. This clause does not assign copyright.
In Plain English
Once the client has used the finished work in public — or once the embargo date in the schedule has passed — the supplier may show it in a portfolio and on its site, still keeping secrets secret. The supplier may name the client and say what the job was, but needs written go-ahead to use the logo. Either side can take back permission for future publicity with 14 days’ notice. This sentence does not hand over copyright.
What should you watch for?
| Point | Watch for | Push for |
|---|---|---|
| Portfolio | Silence, or a flat ban on showing finished work on a small fee. | A non-exclusive portfolio licence after launch, subject to confidentiality. |
| Logo | A free hand to use the client’s mark on ads. | Name the client and describe the job; logo only with written consent. |
| Embargo | Portfolio rights that start on signature of an unreleased campaign. | After first public use, or a named embargo date. |
| Secrets | A portfolio sentence that punches through confidentiality. | Finished, non-confidential work only; figures and quotes on a separate okay. |
| Copyright | Publicity wording treated as an assignment. | A sentence that this clause does not assign copyright (CDPA s.90(3)). |
Which contracts include it?
Lex includes this clause in, among others:
- Graphic design contract
- Photography licence
- Influencer agreement
What does the law say?
The author of a work is the first owner of any copyright in it. Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of employment, the employer is the first owner, unless agreed otherwise. A photograph is an artistic work irrespective of artistic quality.
Source: Copyright, Designs and Patents Act 1988, ss.4 and 11Checked 28 October 2026Pending lawyer review
An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor. Copyright may be assigned in whole or in part. A licence is permission to use the work; it is not an assignment of ownership.
Source: Copyright, Designs and Patents Act 1988, s.90Checked 28 October 2026Pending lawyer review
Draft a graphic design contract with this clause
Free for the other sideLex drafts it in Plain English beside the legal wording. Share one link; both sides agree and sign.
Frequently asked questions
What does a publicity-and-portfolio-use clause mean?
It says whether either side may name the other, show the work, or use logos in marketing, and whether an embargo applies until launch. Showing the work is a restricted act under CDPA 1988 s.16 unless this clause or a licence allows it.
Can a freelancer show the work in a portfolio by default?
Not if the paper is silent and the client owns or exclusively licenses the work. Write a portfolio licence: finished work, after launch, non-exclusive. If the supplier still owns copyright, the clause confirms the permission.
Can the supplier use the client’s name and logo?
Only with permission. Write whether the supplier may name the client, describe the job, and use the logo. Logo use should need prior written consent. Keep the grant revocable on notice for future use.
Should portfolio use wait until launch?
Yes, on a campaign, a product shot or a wedding. After first public use, or after a named embargo date, is the usual shape. An embargo is not a substitute for confidentiality.
How does this sit next to confidentiality?
Confidential files, unreleased cuts and unpublished copy stay inside the confidentiality duty. The publicity clause covers finished, non-confidential work and naming the relationship. Do not let a portfolio sentence punch a hole in the NDA. See /clauses/confidentiality.
Sources
- Copyright, Designs and Patents Act 1988, ss.4 and 11Checked 28 October 2026Pending lawyer review
- Copyright, Designs and Patents Act 1988, s.90Checked 28 October 2026Pending lawyer review
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The legal wording governsLast reviewed 28 October 2026Pending lawyer review