Advertise work i have done for clients

Over the years, I have built several medium-size web applications for various clients.Most of the work completed was under contract which included a basic "non-disclosure agreement".I would like to know, generally speaking, if it's legally ok (under Canadian law) to advertise my work in some form that I have done for these clients under my own business.My intention is not to advertise the entirety of the applications or to provide working demos, but to simply provide "screen-shots" of some of the work, while masking out all related business data/logos/etc...I would like to simply reveal some of the visuals/UI.The related statements under the contract dealing with non-disclosure etc... are:"CONFIDENTIALITY. The Developer shall not disclose to any third party the business of the Client, details regarding the Software, including, without limitation any information regarding the Software’s code, the Specifications, or the Client’s business (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client."and"INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE. The Parties acknowledge and agree that the Client will hold all intellectual property rights in the Software including, but not limited to, copyright and trademark rights. The Developer agrees not to claim any such ownership in the Software’s intellectual property at any time prior to or after the completion and delivery of the Software to the Client."Thank you for any feedback


Asked 2 months ago in Ontario
Categories: Contracts  Business Law

Answer Now

Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

It is my view, in general, that if a person represents they wo't use information, even if technically permissible under a confidentiality or non-disclosure agreement, they should always seek written or electronic consent from a customer or client thay have assisted. If you want to use the client's sight to demonstrate ability include that in your services contract. It is not just cointractually fair and proper, it is ethically more appropriate. Look at it as an opportunity to re-market oneself and the business as a person who is  a fair trader. People should seek specific advice for each person or fact situation. Do not rely upon this general guidance. Hamoody Hassan, Senior Counsel,www.hassanlaw.com

Posted 2 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>


Comment

Thank you Hammody, I understand your advice. I by no means want to market the product as if it belonged to me or be unfair to the client in any way. I simply want to have a little more concrete evidence in order to attract potential clients (such as a couple of pictures of certain parts of the application). But I understand your points.

Posted 2 months ago

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