Displaying Employer Work on Behance Without Permission: A Cautionary Guide

Displaying the work you have done for an employer on your Behance portfolio can be a complex issue, especially without proper permission and the right legal considerations. This article explores the potential risks and ethical concerns associated with sharing this type of work. It provides guidance based on common practices in the UK, but it is important to refer to specific employment contracts and legal advice for any definitive conclusions.

Understanding Intellectual Property Rights in the UK

Intellectual property (IP) rights in the United Kingdom are governed by specific laws, which often vary depending on the type of work involved. According to the UK Intellectual Property Office, the default situation in many cases is that the employer will own the rights to work created by their employees within the scope of their employment.

This principle is solidified by the UK Employment Rights Act 1996, which generally holds that work created under the employer's direction and for their benefit typically becomes the property of the employer. This is irrespective of whether the work is performed primarily or largely during working hours.

Employment Contracts and Behavioral Expectations

Many employment contracts include clauses stipulating ownership of work created during employment. These clauses serve to clarify expectations and protect the employer's interests. However, they also help employees understand their limits and constraints, particularly when showcasing their work externally.

Reviewing your employment contract for specific clauses related to intellectual property rights is crucial. Common provisions include:

Ownership of all work created during employment Confidentiality and non-disclosure Warranty of no infringement Service agreements or contributions

Failure to honor these clauses can lead to reprimands, penalties, and in some cases, even termination of employment.

Inappropriate Posting of Work

Posting work that was done on behalf of your employer, even if you claim it as your own, can have serious consequences. Most employers have policies against such actions, and they may have legal grounds to enforce these policies through the courts.

For instance, your employer may argue that you have a duty of loyalty to represent the company's interests and respect its rightful ownership of works created during your tenure. Unauthorized posting can also tarnish the employer’s reputation and could negatively impact your professional relationships.

Case Study: Temporary Removal of Work

A real-world example pertains to an individual who was asked to take work down from Behance that they had carried out on a freelance basis and where they were the intellectual property (IP) owner. Although they temporarily removed the work as a gesture of goodwill, it is essential to understand the broader implications.

Especially crucial is the understanding that even freelance work conducted on behalf of an employer may still fall under IP disputes if there are unfulfilled contractual obligations. Failure to address these concerns can result in legal challenges and even financial penalties.

Best Practices for Freelancers and Employees

To navigate the complex world of intellectual property and employment rights, consider the following best practices:

Consult Employment Contracts: Review and understand the terms of your employment contract, including clauses related to IP ownership and usage. Seek Legal Advice: Consult with an attorney specializing in employment law to get clear, personalized advice. Obtain Written Consent: When in doubt, always obtain explicit written permission from your employer before showcasing any work on public platforms. Label Work Clearly: If you are permitted to showcase work, be sure to clearly and transparently label it as freelance or contracted work to avoid confusion.

In conclusion, displaying work done for an employer on your Behance portfolio can be risky and is often discouraged. Ensuring you comply with your employment contract and seek appropriate consent is crucial to avoiding potential legal and professional issues. Prioritizing transparency and respect for intellectual property rights can help maintain your professional standing and career opportunities.