Question
Can portfolio rights include posting my work on social media?
An agency I hired is showing off my project on their social media channels. I'm fine with private samples, but not public posts. Does portfolio use usually allow contractors to post my work on their website or social media without permission?
Answer
It depends on what your contract says. In many industries, "portfolio use" can include public display, including on websites and social media.
If the contract gives broad portfolio rights without limits, contractors may assume public posting is allowed.
When can social media posts be allowed?
Today, social media is often treated as part of a professional portfolio. Designers, agencies, and developers commonly use platforms like Instagram, LinkedIn, or X to showcase work.
If your agreement gives broad portfolio rights and does not restrict public display, contractors may argue that social media posts are permitted. This is more likely if the project is already public and does not involve confidential information. However, even if portfolio rights exist, posts that imply endorsement, partnership, or ongoing affiliation could create trademark or unfair competition issues.
When would social media posts violate the contract?
Public posts may violate the agreement if it:
- Limits portfolio use to private samples.
- Restricts public display or publicity.
- Requires client approval before posting.
- Delays use until after launch.
- Prohibits social media use.
Ownership and usage are separate. Even if your business owns the copyright, you can still grant limited portfolio rights. The scope depends on the written terms.
What to do next
- Review your contract for portfolio and publicity clauses.
- Check for approval or timing restrictions.
- Confirm whether confidentiality applies.
- Request removal or clarify limits if needed.
What to consider in your specific situation
Whether social media posting is allowed may depend on:
- How "portfolio use" is defined in the contract.
- Whether platforms like social media are mentioned.
- Whether the project was publicly launched.
- Any confidentiality or publicity restrictions.
- Whether the post implies endorsement or partnership.
- Your brand sensitivity and competitive concerns.
Understanding these factors can help you decide whether the agency's posts are permitted—or negotiable.
Since every situation is different, consider getting tailored information through Rocket Copilot, a Legal Pro, or a contract review so you can set clear boundaries and protect how your work appears publicly.
At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.
Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
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Explore more about intellectual property and confidentiality-related clauses
Explore more about portfolio and usage rights
Portfolio and usage rights determine whether creators can show or reuse work they completed for a client. These questions explore how contracts can balance a client’s ownership with a creator’s ability to showcase their work.
- Can a contractor or agency show my project in their portfolio without permission?
- Do portfolio rights in a contract mean a contractor still owns my work?
- Can I stop someone from using my brand or logo in their portfolio?
- Can portfolio rights include posting my work on social media?
- Can contractors keep portfolio rights after a contract ends?
- Can I require approval before my project is shown publicly?
- Are portfolio or usage rights different for confidential or unreleased projects?
- Explore more questions about intellectual property and confidentiality-related clauses
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Disclosures
- This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.