Under the Copyright Act, 1957 the author of a work is its first owner, and a freelancer working under a contract for services is normally that author. Ownership passes to the client only through a written assignment signed by the freelancer. There are exceptions for certain commissioned works, such as photographs and films, so the contract should always state who owns what and when.
The freelancer, in most cases. Section 17 of the Copyright Act, 1957 makes the author the first owner of copyright. The rule that gives ownership to an employer applies to work made in the course of employment under a contract of service, which a freelance engagement is not.
So if a contract says nothing, a client who paid for a logo, an article or software code generally receives a right to use it, not ownership of the copyright.
Yes. Under the proviso to Section 17, where a photograph is taken, a painting or portrait drawn, an engraving made or a cinematograph film made for valuable consideration at the instance of another person, that person is the first owner unless there is an agreement to the contrary.
This matters for photographers and video professionals. If you want to keep rights in commissioned photographs or footage, the contract must say so.
By a written assignment. Section 19 requires an assignment to be in writing and signed by the assignor, and to identify the work and specify the rights assigned, the duration and the territorial extent. An email saying “it is all yours” is a poor substitute.
The defaults are narrow. If the period is not stated, the assignment is deemed to be for five years; if the territory is not stated, it is deemed to extend within India. Rights not exercised within a year can lapse unless the assignment says otherwise.
Assign when the client needs to own the work outright, such as a brand identity or bespoke software. License when you want to keep ownership and grant defined uses, such as stock-style illustrations or templates you reuse.
A licence should state whether it is exclusive, the purposes, the territory and the term. Under Section 30 a licence must also be in writing and signed.
On full payment. Sample wording: “Upon receipt of the Fee in full, the Service Provider assigns to the Client all copyright in the final Deliverables, worldwide and for the full term of copyright. Until then, the Client has no right to use the Deliverables.”
This is the freelancer's strongest practical protection. A client who has not paid does not hold the rights to the work they are using.
Keep your pre-existing material and your right to show the work. Sample wording: “The Service Provider retains all rights in pre-existing tools, code libraries, templates and know-how, and grants the Client a non-exclusive licence to use them as part of the Deliverables. The Service Provider may display the Deliverables in its portfolio.”
If the project is confidential, agree whether portfolio use is allowed, as covered in the NDA guide for freelancers.
Yes. Section 57 gives an author special rights that survive assignment: the right to claim authorship, and the right to object to distortion or mutilation of the work that would harm the author's honour or reputation.
These do not let you block ordinary use or edits. They are a floor, not a way to keep control of assigned work.
Not automatically. Payment usually gives a right to use the work. Ownership of copyright passes through a written, signed assignment, except for certain commissioned works such as photographs and films.
Only if the contract allows it or the client agrees. Add a portfolio clause, and check any confidentiality obligations first.
An assignment must be in writing and signed by the assignor. A properly signed agreement, including one signed electronically, is far safer than an informal message.
It depends on the contract. Final deliverables and source or working files are often treated differently, so state whether source files are included and at what price.