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Can I list any project I do in my public portfolio

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kingmo

Junior Member
What is the name of your state? Texas

Assuming I do not have an NDA and it's not like a business plan or something that has their financials, can anything else be listed in my public portfolio or shown to prospective customers without written permission from the client?

Examples might be email or website copies, research papers, articles, all types of design (brochures, videos, etc)
 
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quincy

Senior Member
What is the name of your state? Texas

Assuming I do not have an NDA and it's not like a business plan or something that has their financials, can anything else be listed in my public portfolio or shown to prospective customers without written permission from the client?

Examples might be email or website copies, research papers, articles, all types of design (brochures, videos, etc)
A personal review of what you intend to publish, and why, would be necessary to answer your question. There is no one-size-fits-all answer.
 

kingmo

Junior Member
A personal review of what you intend to publish, and why, would be necessary to answer your question. There is no one-size-fits-all answer.
Why? It's either you can publish items in a public portfolio or you can't under assumption that NDA is not present. I'm sure marketing agencies don't have attorneys review every single portfolio piece they publish. These are just like market research papers, blogs, brochures, video marketing material.
 

quincy

Senior Member
Why? It's either you can publish items in a public portfolio or you can't under assumption that NDA is not present. I'm sure marketing agencies don't have attorneys review every single portfolio piece they publish. These are just like market research papers, blogs, brochures, video marketing material.
There are rights that can be attached to much of what you want to publish.
 

Zigner

Senior Member, Non-Attorney
Why? It's either you can publish items in a public portfolio or you can't under assumption that NDA is not present.
Yes, exactly. Either you can or you can't, and each item would need to be reviewed to know whether the item can or can't be shown in your "public portfolio".
I'm sure marketing agencies don't have attorneys review every single portfolio piece they publish.
I'm sure some, if not many, do.
These are just like market research papers, blogs, brochures, video marketing material.
Great - then each should be an easy thing for your attorney to review and advise on.
 

kingmo

Junior Member
Yes, exactly. Either you can or you can't, and each item would need to be reviewed to know whether the item can or can't be shown in your "public portfolio".
I'm sure some, if not many, do.
Great - then each should be an easy thing for your attorney to review and advise on.
I can't imaging this being feasible for anyone. Agencies list numerous 100+ page research papers in their portfolios all the time. There's no way attorney hours are worth to review those in detail for any company. Can you give me any example (that's not related to sharing their financials or NDA covered info or personal contact details) that someone could not list in a public portfolio?
 

quincy

Senior Member
I suggest either you get a personal review by a publishing law professional prior to publication, or you get written authorization from anyone whose names, images or material you want to include in your publication.

You can check out the Knight Citizen News Network’s “Limiting Legal Risk” module for a good look at what legal risks your publications could face if you are not careful. https://www.kcnn.org
 

Zigner

Senior Member, Non-Attorney
I can't imaging this being feasible for anyone. Agencies list numerous 100+ page research papers in their portfolios all the time. There's no way attorney hours are worth to review those in detail for any company. Can you give me any example (that's not related to sharing their financials or NDA covered info or personal contact details) that someone could not list in a public portfolio?
Yes, I could, but I feel that you aren't really here for answers that you don't agree with, so such examples will just spiral into the land of "but, but, but".
 

quincy

Senior Member
Publicity rights, privacy rights, copyrights, trademark rights ... to name a few of what needs to be considered.
 

kingmo

Junior Member
Publicity rights, privacy rights, copyrights, trademark rights ... to name a few of what needs to be considered.
Placing it in my work portfolio isn't claiming I have copyright to the project or that I own the trademark in any way though. The portfolio clearly states that it exhibits work i've done for other clients.
 

quincy

Senior Member
Placing it in my work portfolio isn't claiming I have copyright to the project or that I own the trademark in any way though. The portfolio clearly states that it exhibits work i've done for other clients.
These clients might not want to be connected to you. The worst publicity you can receive is a lawsuit. You limit this lawsuit risk by getting a personal review of what you want to use by a publishing law professional or by contacting those whose names, images, works you want to capitalize on in your promotional material.

Or do whatever you want and face the potential consequences.

The decision is entirely yours to make. :)
 

adjusterjack

Senior Member
Placing it in my work portfolio isn't claiming I have copyright to the project or that I own the trademark in any way though. The portfolio clearly states that it exhibits work i've done for other clients.
It's not up to you to decide.

It's up to the owners of the copyright and/or trademark to decide that you are infringing and sue you for it.
 

quincy

Senior Member
It's not up to you to decide.

It's up to the owners of the copyright and/or trademark to decide that you are infringing and sue you for it.
Well ... it is up to kingmo to decide if he wants to risk a lawsuit. That decision is entirely up to him.

A lost lawsuit is not exactly a great addition to one’s portfolio. :)
 

zddoodah

Active Member
Assuming I do not have an NDA and it's not like a business plan or something that has their financials, can anything else be listed in my public portfolio or shown to prospective customers without written permission from the client?
First, I assume that you meant "may . . . legally," not "can." Second, that question is so vague and broad that it's possible to give an intelligent answer other than "maybe."


Examples might be email or website copies, research papers, articles, all types of design (brochures, videos, etc)
Websites are already public, right? Obviously, there's no issue showing anything that's already public.
 

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