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The default legal position under the CDPA 1988
The Copyright, Designs and Patents Act 1988 (CDPA 1988) is the foundation of UK copyright law. Section 11 establishes that the author of a literary work is the first owner of copyright in it, subject to an important exception for employees: where a work is created by an employee in the course of their employment, the employer is the first owner unless otherwise agreed. Freelance journalists, as self-employed contractors rather than employees, are the first owners of copyright in their own work under this default rule.
This default position is, however, frequently overridden by contract. Most UK commissioning agreements require the freelancer to assign copyright to the publisher, or to grant an exclusive licence, as a condition of payment and publication. Once signed, the contract terms — not the default statutory position — govern who owns what.
Section 101 and dealings with copyright: the CDPA 1988 sets out how copyright can be transferred, licensed, and enforced, including the mechanisms for assignment (a transfer of ownership) as distinct from licensing (permission to use while ownership is retained). Understanding which of these two mechanisms a contract uses is the single most important thing a freelancer can check before signing.
Assignment versus licence: what publishers actually ask for
UK commissioning contracts use several distinct rights models, and the difference between them has a lasting effect on what a freelancer can do with their own work after publication.
Full copyright assignment
Publisher becomes the owner of copyright. The most restrictive model for the freelancer.
- 1Publisher can republish, syndicate, license, or compile the work without further payment or consent.
- 2Freelancer generally cannot reuse the work commercially without the publisher's permission.
- 3Should always be accompanied by a fee reflecting the full transfer of rights, not a standard first-use rate.
- 4Common in some staff-adjacent regular columns and work-for-hire arrangements.
Exclusive licence, first-use rights
Freelancer retains copyright; publisher gets exclusive rights for a defined period or use.
- 1Common and generally favourable model — freelancer retains ownership and can license the work elsewhere after the exclusivity period.
- 2Exclusivity period should be clearly defined (commonly a set number of days, weeks, or months from publication).
- 3Should specify territory and platform (print, web, syndication partners) rather than granting unlimited exclusivity.
- 4NUJ-recommended model for most feature and news commissions.
Typical UK reversion clause terms
A reversion clause specifies that rights granted to the publisher return to the author after a defined trigger — time elapsed, non-use of the work, or the publisher ceasing to operate. Typical UK terms seen in freelance contracts:
- Time-based reversionExclusivity or assigned rights revert to the author after a fixed period — commonly 12 to 24 months from first publication for feature commissions, sometimes shorter (30 to 90 days) for news and topical pieces.
- Non-use reversionIf the publisher has not used or republished the work within a specified period, rights revert automatically without the author needing to request it.
- Archive access carve-outPublisher retains a non-exclusive right to keep the original piece live in its own archive indefinitely, while other rights (syndication, anthology, translation) revert to the author.
- Insolvency / cessation reversionRights revert automatically if the publisher ceases operating, is dissolved, or the title is discontinued — an increasingly important clause given UK title closures in recent years.
- Portfolio-use carve-outA limited right for the author to display the piece (in full or excerpt) in a professional portfolio, usually after a short embargo period, regardless of the broader rights position.
Not every UK contract includes a reversion clause by default — many standard publisher templates are drafted in the publisher's favour and omit one entirely. Requesting a reversion clause, or negotiating one into a contract that lacks it, is a legitimate and increasingly common freelance negotiating point.
Negotiating secondary rights
Secondary rights cover any use of the work beyond its first publication in the commissioned format: syndication to other titles, translation into other languages, inclusion in an anthology or book compilation, adaptation into audio or podcast form, and broadcast or dramatised adaptation. Whether these rights transfer with the initial commission or remain with the author is one of the most consequential — and most negotiable — terms in a freelance contract.
- Ask explicitly whether the fee covers first publication only, or all secondary uses, before signing — this is rarely volunteered upfront.
- Where a publisher wants to retain syndication rights, negotiate a revenue share on any syndication income rather than a flat buyout.
- For translation and international rights, consider retaining these separately where the publisher has no international distribution of its own.
- Register eligible works with ALCS (the Authors' Licensing and Collecting Society), which collects secondary-use royalties such as photocopying and certain digital reproduction licences on behalf of registered writers, independent of what the primary contract says.
- Keep a personal record of every commission's rights terms — over a career this becomes essential for compiling a book or negotiating a retrospective licence.
Self-publishing your own archive
Many established freelancers eventually want to compile their published work — a personal archive site, a newsletter republishing past pieces, or a book collecting career-spanning features. Whether this is possible depends entirely on what rights were retained or reverted under each original contract.
- Audit your contracts before starting a self-publishing project — do not assume older commissions default to author-friendly terms; older contracts are often more restrictive, not less.
- Where full copyright was assigned and no reversion clause exists, request permission from the publisher — many will grant a non-exclusive republication licence for portfolio or archival use even without a contractual obligation to do so, particularly for older, low-commercial-value pieces.
- Where a reversion clause exists, confirm in writing that the trigger condition has been met (the relevant time period has elapsed, or the title has closed) before republishing.
- For pieces published under an exclusive licence rather than full assignment, confirm the exclusivity period has expired before self-publishing or syndicating elsewhere.
- Where a title has ceased publishing entirely, check whether rights reverted automatically under an insolvency/cessation clause, or whether they passed to a successor entity that acquired the title's assets.
Moral rights: separate from copyright ownership
Even where copyright itself has been assigned to a publisher, UK law separately recognises moral rights under the CDPA 1988 — principally the right to be identified as the author of the work (the right of paternity) and the right to object to derogatory treatment of the work. These rights belong to the author personally and cannot be assigned, though they can be waived by agreement.
Many standard UK commissioning contracts include a moral rights waiver as a routine clause, often without drawing the freelancer's attention to it. Freelancers who want to retain the right to insist on a byline, or to object if their work is substantially altered in a way that damages their reputation, should check specifically for this clause and consider negotiating it out, particularly for work of personal or reputational significance.
Support organisations and collective licensing
Several UK organisations exist specifically to help freelance writers manage and monetise their copyright beyond the terms of any single commissioning contract:
ALCS (Authors' Licensing and Collecting Society)
Collects and distributes secondary royalties — such as photocopying, digital reproduction, and certain public lending payments — to registered writers, independent of what any individual publishing contract specifies. Registration is free for eligible UK writers and can represent a meaningful supplementary income over a career.
Society of Authors
Provides contract vetting, model clauses, and specific guidance on copyright and reversion terms for professional writers, including journalists moving into book-length or long-form work.
NUJ Freelance Office
Provides contract advice and rate guidance specifically for journalists, and can advise on typical UK market terms for reversion and secondary rights clauses when negotiating with a commissioning outlet.
Intellectual Property Office (IPO)
The UK government body responsible for copyright policy; provides plain-English guidance on copyright ownership, licensing, and assignment for freelance creators.
Quick-reference checklist before signing any commission
- Identify whether the contract assigns copyright fully or grants a licence, and which is being offered.
- Check for a reversion clause; if none exists, ask for one to be added.
- Clarify whether the fee covers first publication only or all secondary uses.
- Check for a moral rights waiver clause and decide whether to accept or negotiate it.
- Confirm any portfolio-use carve-out for displaying the piece professionally.
- Check for an insolvency/cessation reversion clause in case the publisher or title ceases operating.
- Register with ALCS if eligible, regardless of what the primary contract says.
- Keep a personal rights register recording the terms agreed for every commission.
Frequently asked questions
Who owns the copyright in an article I write as a freelancer?
What is a reversion clause and why does it matter?
Can I republish my own article on my personal website or portfolio?
What are secondary rights and how are they usually handled?
Does moral rights protection still apply if I assign copyright?
Related guides
Primary sources
- Copyright, Designs and Patents Act 1988— legislation.gov.uk
- Intellectual Property Office (IPO)— UK Government
- ALCS — Authors' Licensing and Collecting Society— ALCS
- NUJ Freelance Fees Guide— National Union of Journalists
- Society of Authors— Society of Authors