Client <> Freelancer Relationship: Who owns the materials?

[2758b29b]

Hello,

I am new to UpWork and had a very specific question about the Client <> Freelancer relationship. Specifically in regards to who owns the materials of the work and where the lines start/end. I am not in the middle of a dispute yet. I just want to make sure that I have all my bases covered and am reaching out to ask if I need a separate agreement with the freelancer that I hire to cover this.

I have posted my first job where I need a freelancer to help pick the font, color, size, shape, etc of the text for my company name which will be shown with my company logo. Does the Client, Freelancer, or both own the material once the job has been completed? How about if the job is commissioned but never completed (I am assuming in this case the Freelancer owns the materials)? What about if all of the other samples that are created once a contract is in place and successfully completed (Does the Client own all the samples as well?)?

Thanks for your help in advance!

[g_vasilevski]

Hi Evan,

Once the freelancer is paid for the requested work all intellectual properties and the samples delivered are owned by the Client in this case you.
This is also outlined in our Therms of Service but if you would like to have an additional NDA signed feel free to communicate this with your freelancer.

If you have any additional questions feel free to post them here and I will assist you further, thank you!

[prestonhunter]

Evan: most freelancers on Upwork WANT you to own all the materials and they want to provide you with all associated files.

They understand that this is the default way of doing things here.

Because this is an important issue for you, you need to understand that SOME freelancers here work differently. Always specify this requirement early on, before hiring a freelancer. If you encounter a freelancer who disagrees or seems reluctant on this point, then cease negotiating and decline to hire her.

Freelancers who retain intellectual property rights or retain work files may indeed be fine freelancers, but they are not a good fit fot your project.

[mtngigi]

---

@Evan K wrote:

Hello,

I am new to UpWork and had a very specific question about the Client <> Freelancer relationship. Specifically in regards to who owns the materials of the work and where the lines start/end. I am not in the middle of a dispute yet. I just want to make sure that I have all my bases covered and am reaching out to ask if I need a separate agreement with the freelancer that I hire to cover this.

I have posted my first job where I need a freelancer to help pick the font, color, size, shape, etc of the text for my company name which will be shown with my company logo. Does the Client, Freelancer, or both own the material once the job has been completed? How about if the job is commissioned but never completed (I am assuming in this case the Freelancer owns the materials)? What about if all of the other samples that are created once a contract is in place and successfully completed (Does the Client own all the samples as well?)?

Thanks for your help in advance!

---

Evan,

It sounds to me like you have a logo, but you're looking to revise that logo. So you'll provide your logo file and ask the freelancer to update that logo per your RFP. Make sure you know to ask for and receive the (editable) native art file.  A good freelancer will take your logo and rework it per your directives, and then hand over the native vector file that you own the rights to.

If you want an unusual font, there's a good chance it might need to be purchased, so keep that in mind. Standard system fonts aren't an issue, but some clients request fonts that require a purchase.

ETA: You should also ask for a few different versions of the logo; i.e. an RGB web jpg and/or png file.