What do you do if you want to secure project ownership rights as a consultant?

1 Understand your goals

Before you enter a contract negotiation, you need to have a clear idea of what you want to achieve and why. Do you want to keep the ownership rights to your work for future use, licensing, or sale? Do you want to share the rights with your client or other collaborators? Do you want to limit the scope or duration of your client's rights? How important is this issue for you compared to other aspects of the contract, such as the fees, deadlines, or scope of work? Having a clear vision of your goals will help you prepare your arguments and prioritize your interests.

2 Research the market

Another important step before negotiating is to research the market and the industry standards for your type of work and your client's sector. How common is it for consultants to retain or share ownership rights to their work? What are the benefits and risks of doing so? How do clients typically react to such requests? What are the legal and ethical implications of your desired arrangement? How do you value your work and your rights? By doing some market research, you can gain insights into the expectations and norms of your potential client and your peers, and avoid unrealistic or unreasonable demands.

4 Explore options and alternatives

During the negotiation, you may encounter some resistance or objections from your client, who may have different preferences or expectations regarding the ownership rights. Instead of giving up or insisting on your position, try to explore options and alternatives that can satisfy both parties. For example, you could offer to grant your client a non-exclusive license to use your work, instead of transferring the rights completely. You could also limit the rights to a specific territory, time period, or purpose. You could also ask for a higher fee, a royalty, or a credit in exchange for giving up some rights. Be flexible and creative, and look for ways to add value and reduce risks for both sides.

5 Document the agreement

Finally, once you have reached an agreement with your client on the ownership rights, make sure to document it in writing and include it in your contract. This will help you avoid any misunderstandings, disputes, or breaches in the future. The contract should specify the nature, scope, and duration of the rights that you and your client have to your work, as well as any limitations, conditions, or obligations that apply. The contract should also state how the rights can be transferred, licensed, or terminated, and how any disputes or conflicts will be resolved. Review the contract carefully and consult a legal expert if needed, before signing it.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?