As a freelance commercial writer, you might have spent years building writing samples. You might have wondered whether or not you can use samples in your portfolio, or if you need to ask your clients first.
The simple answer is: it depends. But chances are good you’re fine using past projects in your portfolio.
In answering a freelance commercial writer’s question on this topic, The Well-Fed Writer’s Peter Bowerman and Jennifer Mattern offer insight and advice on when a freelance writer might, and might not, need to seek client permission to use samples in a portfolio.
Do You Need Client Permission to Use Samples in Your Portfolio?
Here’s a question sent in from a Well-Fed Writer reader about getting client permission to use their projects in a writing portfolio?
Q: Is it important to get permission from clients to use samples in your portfolio? If so, is it equally necessary for both paper copies and online portfolios? If a client says ‘no’, is there any way around this (removing their names from the writing samples, etc.)?
The reason I ask: Much of my current work is for a well-known company (press releases and newsletter articles), which I do via subcontract to a communications firm. I’ve never asked the communications firm if it’s OK to use these pieces in my portfolio, because I’m afraid they’ll say “no” (they might not want to bother asking the client for permission, etc).
I show the samples in in-per meetings, and send them by mail/electronically, but I’ve always wondered if that’s OK. I would love to post these samples on my website, but am hesitant to do this without permission. But if they say “no”, I’m stuck! Also, I notice that in The Well-Fed Writer, you suggest using early versions of copy (before it is edited by the client). Would this cause problems if the original client got wind of this?
Peter Bowerman on Client Permission for Portfolio Samples
Bottom line, for the most part, this is a non-issue. It virtually never comes up and rears its ugly head. NEVER has for me. Nor has the issue of using earlier versions.
If a client gives you a sample, that’s an implicit understanding that they’re giving you permission to use it as well. No other permission is necessary. With ads, you ought to be able to get “tear sheets” from the agency which are essentially printouts of the ad. If you know the designer who’s working on the ad, let’s say, ask him or her to print you out a few color copies of the ad.
The only exception to the above is if the piece is “internal” communications–only for the eyes within the four walls of a company. In those cases, be sensitive to material that could be…sensitive. In those cases, if you want to use it, you’ll likely only be able to use the raw text, and then only after you’ve “sanitized” it of all company references.
Jennifer Mattern on When Permission Might be Needed
For me, this boils down to two key questions:
- Is this bylined or ghostwritten work?
- Did you sign an NDA (non-disclosure agreement)–either on its own or in a larger contract?
The Issue of NDAs
If you signed an NDA, which can be common in certain types of ghostwriting, you should always seek a client’s permission before sharing a sample in a portfolio. The very nature of an NDA means the presumed answer is “no.”
This isn’t just for public portfolios. If you signed an NDA, you shouldn’t disclose your authorship even privately to other prospects. Doing so could impact your client’s reputation, and your relationship with them.
Now, unless you do a lot of ghostwriting for business leaders, celebrities, etc., NDAs aren’t the norm. So chances are good you don’t have to worry about that.
Considerations When Ghostwriting
If the work is bylined (probably not for press releases in this case, but possibly for newsletter content), you’re fine sharing that in your portfolio, no special permission needed.
When it’s ghostwritten simply due to the nature of the work not traditionally showing an author (like a press release), you’re also usually fine using it in a portfolio, especially when sharing that portfolio privately.
If a press release is for a larger company and they prefer having it appear their media contact person writes releases, I would ask just as a courtesy before including them in a public portfolio.
Most of your projects as a freelance commercial writer can be used in your portfolio. Just keep any signed agreements in mind, including rights transfers. If you signed over copyright in a work-for-hire agreement, for example, you might not be able to publish the sample in a public portfolio, but you might be OK sharing a screenshot of the work or sharing it as a sample privately.
And, as Peter mentioned, make sure portfolio samples don’t accidentally share internal or otherwise confidential client information with third parties, publicly or otherwise.
Sharing earlier versions of your work shouldn’t cause any issues with clients in most cases. The basic idea is simply to show your unedited work so a prospect can see your work rather than the clients’ designers’ and editorial staff changes.