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a65e656c
Community Member

Copy right advise

Hi, I’ve finished my book- and have found an editor
I’m planning sending her a sample place
She’s given me her email
Am I still protected.
And how do I price the job
My book is currently 62043 words
16 REPLIES 16
jr-translation
Community Member


Farida B wrote:
Hi, I’ve finished my book- and have found an editor
I’m planning sending her a sample place
She’s given me her email
Am I still protected.
And how do I price the job
My book is currently 62043 words

If she shared her email prior to being hired, it is a ToS violation. You should create a job and get samples and rates from several freelancers.

Hi
Oh I see , but I haven’t hired her yet as I just sending out an sample page first . To see whose a good match
If I send my work via her email
I’m not protected ?


Farida B wrote:
Hi
Oh I see , but I haven’t hired her yet as I just sending out an sample page first . To see whose a good match
If I send my work via her email
I’m not protected ?

No, you are violating the ToS. All communication prior to hiring must happen through the Upwork message room. Without a contract in place that defines the ownership, the freelancer might just take your work. I would ask myself if I trust a freelancer with my work, when this freelancer has no issues violating the ToS. If you share the file through the message room, you can easily prove that you provided it to her and not the other way around.

Ok I didn’t realise
I asked her to be fair to come to email

re: "Am I still protected."

 

There are many ways in which you can be protected with regards to intellectual property matters.

 

I can assure you that Upwork is not an intellectual property protection service.

 

If you need help in this area, you may hire experts on Upwork.

So I need a NDA

You are welcome to use an NDA. You don't necessarily "need" one.

 

You own the rights to your own intellectual property whether or not you use an NDA.



Upwork's default contract language stipulates that clients own their own work and own what they pay freelancers to do.

 

The most important "protection" that you have is the honesty of the people you hire.

 

And the fact that the freelancers you hire on Upwork have no interest in stealing your intellectual property. They are interested in earning money by working for you. The overwhelming majority of Upwork freelancers are honest, helpful professionals. Only a minority of them are scoundrels.

Ok if I keep it on upwork
I’m protected
If we start working out side upwork I need nda
Is that correct

That is correct. In the sense that if you work correctly using Upwork, there are certain types of protection that you receive.

 

Upwork is not an intellectual property protection service, but if you work correctly through Upwork you will be working with freelancers who understand and respect the system.

 

If you met a freelancer on Upwork and then paid that person directly instead of through Upwork, you would only be working with dishonest people.

 

Upwork requires that all payments go through the Upwork platform. All honest, professional Upwork freelancers understand this and abide by this.

Upwork's default contract language ALREADY covers the concerns that most people would address in an NDA. So the overwhelming majority of clients never use an NDA with Upwork freelancers.


Farida B wrote:
Ok if I keep it on upwork
I’m protected
If we start working out side upwork I need nda
Is that correct

No, it is not correct - you may not post a project on Upwork and then come to an agreement to work outside of Upwork, whether you have an NDA or not. Both you and the freelancer would be banned from using Upwork ever again. Contracts must be formed on Upwork and paid via Upwork, and any freelancer who tells you otherwise should be reported.

 

And if you're worried about a freelancer stealing your work, then yes, ask them to sign an NDA before you show them anything. Upwork is not going to hire a lawyer to protect your intellectual property rights or sue freelancers on your behalf.

 

Farida, 

 

Copyright is an incredibly wide address, but in general very simplistic terms, a writer has automatic copyright on anything they write.   

 

It really is very rare for an editor to walk away with someone else's work and they would never find work again as an editor if they did. Everybody has given you good advice, but as Preston says,you  would be protected if (eventually, when you have chosen your editor) you send your manuscript via the message room. And if it were me,not  before I had set up a formal Upwork contract.

 

I would suggest you ask any potential editor to do a paid test on a couple of pages of your manuscript and see if you like their work. 

 

Are you planning to self-publish, or is this a preliminary edit before sending it to an agent or publisher? 

 

Hey thanks for getting back to me . Thankyou for that advise .

But seriously , you do not know my life - this book is meant to happen. I had the most extraordinary experiences . Some might say mystical. I’ve taken pictures to prove I’m sane lol .

This a book on the holistic approach to weight loss.It is a passion book.

So this book, has to find the hands.
I’m talking to an editor outside upwork & the co- founder from reedsy contacted me today.

But they want a sample page, I’ve just asked her do we need NDA.
Well I haven’t replied to that editors on upwork to be honest. As im apprehensive.

I’m planning to do an ebook on Amazon - I’m starting utube soon too.
Really going for it ..
just abit weary this is a wonderful book.
A piece of heart went in there.


Hi Farida,

 

Thanks for choosing Upwork to find talent to help you with your book. There are a lot of talented editors on the platform that you can work with. Upwork also provides you with tools to manage your contracts, make payments, as well as Payment Protection. That said, as many Community members pointed out in their comments on this thread, if you've met a freelancer on Upwork, it is a violation of Upwork TOS for you to share contact information and communicate outside of Upwork platform before you have a contract with them on Upwork. It would also be a violation of TOS for you to make payments to them outside of Upwork. For more information about that, please see this and this help articles.

Regarding your questions about copyright and NDA, as Preston pointed out, Upwork provides Optional Service Contract Terms that can be used by clients and freelancers entering a contract. It addresses questions of Intellectual Property Rights. However, you're free to discuss and agree upon any different or additional terms with the freelancer you hire.

~ Valeria
Upwork

Hi
Hope your well
No I haven’t made any payment, as haven’t found my editor yet .
I understand , don’t worry .Thankyou for letting me know .

So there’s a nda in upwork
If I send my sample over , I’m protected.
Thankyou
Farida
petra_r
Community Member


Farida B wrote:
So there’s a nda in upwork
If I send my sample over , I’m protected.

 

Farida, any NDA is worth exactly what you can spend out of your own pocket to enforce it. Protection is limited to your ability to pay to enforce the protection.

 

An NDA does not protect you from someone breaking it and unless you are rather rich, going to court and actually enforcing the NDA would be very, very expensive, or even practically impossible if the freelancer is in a different jurisdiction.

 

The great news is that most freelancers have seen client after client describe the next groundbreaking "thing" a dozen times a month and are not interested in the slightest in stealing your ideas. They want to do what you pay them to do, get paid and then move on to the next biggest sensation since XYZ ever.

a65e656c
Community Member

Lol ok , so I will be ok .
Thanku
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