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Glossary

Intellectual property (IP)

contracts & scopeUpdated October 2026 · reviewed by the Forge team

The ownership rights to creative and technical work - designs, code, copy, brand assets. Agency contracts must say who owns what, and when.

For example, a contract states that IP in the delivered work transfers to the client on final payment, while the agency keeps its pre-existing tools and the right to show the work in its portfolio. Ownership is explicit, not assumed.

Why it matters to your firm: IP is one of the most consequential things an agency contract decides - get it wrong and you can lose the right to your own methods, or hand over assets before being paid. Tying IP transfer to final payment also gives you real leverage on collection.

Common mistakes
  • Transferring IP before final payment clears.
  • Being silent on pre-existing and background IP.
  • Handing over editable source files by default when you need not.
Common questions

Frequently asked questions

What is intellectual property (IP) in client work?

The ownership rights to creative and technical work - designs, code, copy, brand assets. Agency contracts must say who owns what, and when.

Who owns the work an agency creates?

Whatever the contract says - commonly the client owns the final deliverables on full payment, while the agency keeps its pre-existing tools and methods.

Why tie IP transfer to final payment?

It protects the agency: the client only owns the work once they have paid for it, which gives real leverage on collection.

Can an agency reuse work in its portfolio?

Only if the contract permits it - portfolio and case-study rights should be agreed explicitly, especially under an NDA.

Keep reading

Related terms

Master service agreement (MSA) →Deliverable →Non-disclosure agreement (NDA) →

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