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Let's list the ways you get around sharing items in your portfolio that are protected by non-disclosure agreements.
At the moment, I just password protect everything so no-one knows what I am sharing except the people who are looking at my work. Still, that seems like an inconsiderate balance, considering 80% of my work is usually "under wraps".
Was wondering if you guys had better ways of doing this. Client agreements? Censoring logos? What?
i post this on my site
Juan Luis Garcia asserts his moral right to be identified as the author wherever and whenever his photographs and designs are copied or distributed by any means. This website and its contents are owned by Juan Luis Garcia. The content is protected by copyright, trademark, and other intellectual property rights. Copyright © Juan Luis Garcia 2004-2013. All rights reserved.
"All rights reserved." isn't always correct for everyone.
Sometimes it's a "Some rights reserved." situation where acknowledgment of third parties whether its clients or agencies may need be acknowledged. The only thing sadder than no legal/copyright language is legal/copyright language which is unenforceable or just wrong.
I go this route:
1. If it's concept work, disclaim it as such. This is important because it can help better disclose your personal efforts. Also establishes a vibe of transparency...won't hold up in court, but positive perception can go a long way in getting you to forgiveness just in case.
2. Only post once the actual project has been released. Even if you're wanting to share a concept that was killed in the first round, wait until the real thing has been posted, killed, and/or paid for by the contracting entity. It's like a friend who's got news you're privy to...give them first pass before you share what you knew and when.
3. Credit the work accordingly, including the agency it was done for and the CDs/ACDs/ADs/Photogs/Illos/Write... etc. who made it happen. If the work was done for an agency, and they find out you've posted it and decide to be a pud, at minimum you can point to the fact you weren't taking unwarranted credit. Some agencies like the added exposure, and the one complaint I've heard most consistently from CDs: "I'm indifferent about the guy showing our work, but I don't appreciate the prick representing himself as if he got the client, landed the bid, and did *all* the creative by himself."
In other words...live your shadow life out in the light. And start working on making your public-facing book less than 80% non-disclosure. Assume the worst...the powers-that-be can go C&D crazy...I've experienced it, and I've seen former CDs renege on permissions. Make it a goal to have enough independent work to withstand any sweeping C&Ds or CDs having a bad day which may catch you off-guard.
Not sure how this is a question. If you signed an NDA, you aren't showing it publicly. People don't have you sign NDA's in case you forget to credit the CD. Even behind a password, you shouldn't be showing it until the NDA has been lifted.
Signing NDAs put agencies in control of the situation. Sharing work, even after signing an NDA, may be passively acceptable by an agency which actively turns a blind eye. Why would they go through the trouble of having you sign an NDA then? So they can jerk a knot in your ass when they decide they don't like what you're doing. They key for the person signing the NDA is to know that they're playing with fire by sharing work...maybe they'll never get burned, maybe they will. Regardless if you choose to play with matches, it doesn't hurt to have a bucket of water handy in the form of credit/disclaimers, positive attributions, and unicorn stickers toward the entity that is paying you.
Lastly...client NDA trumps agency NDA. If a client has an NDA with your agency, then you're asking for more than a curt email if you elect to share their work. A CD may be forgiving; A client doesn't, won't, and shouldn't care.
I recently had something like this take place.
Basically it played out as follows:
1) Client invites my agency to pitch on a project
2) Agency signs an NDA (I do NOT, personally, I wasn't asked to)
3) I create a concept with artwork I thought was killer
4) Presentation goes well, but we don't win the pitch
5) I still want to show the stuff on my portfolio
6) I ask client for permission, directly via email
7) Client agrees, with the caveat that I mention it was for a pitch, and purely conceptional at that point*
*His logic was that the pitch cycle is over, and the project was awarded, so it's not like there's any competition going on now between agencies for the gig.
In any case, the moral of the story is: ask for permission outright. The worse that can be said is 'no', and it's better than sneaking around.
- < Word, it should work as long as you mention it was for a pitchMaaku
- Also, I have the client's permission in an email, so if ever the agency gives me shit, I throw that email at them and tell them to get bent.Continuity
- ... to get fucked.Continuity
- yep, nicedoesnotexist