Is NDA necessary for this?

I have a client that requires me to submit at least a homepage of my proposed website design. However, I just recently known that he already contacted some other freelancers who incidentally are my known friends. They did the same but after that they are not contacted anymore. So my thoughts are, maybe this client just wish to compile every design then might give it to a cheaper freelancer.

Do you think I need a NDA to protect my design?

Answer

This is called ‘speculative work’ or ‘spec work’ as it’s commonly used.

Spec work is you working for free under the assumption that you MAY get paid for it.

This is actually quite common in some industries…film/television, architecture, etc. But it’s usually a bad deal.

It’s common in the graphic design world, but also quite common to outright refuse to partake in it. The AIGA frowns upon it:

http://www.aiga.org/position-spec-work/

Bottom line is that this client is attempting you to work at zero risk to them.

And NDA won’t do much good here, but if you are in a situation where you decide you will do spec work for this client, you should at least draw up a proper contract that states clearly that no portion of the work you produce can be used by the client as all rights to it are retained by you unless payment is issued at your regular rate.

Attribution
Source : Link , Question Author : fishcracker , Answer Author : DA01

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