Dec 9, 2016 05:23:18 PM by Frank Z
Hello,
I'd appreciate any guidance to ensure both myself and my team use Upwork appropriately. We're a small local business and have used Upwork successfully for a couple of small design items. A great first experience. However, I'm now considering hiring someone (and have actually posted the job) to help me conceptualize a brick and mortar business concept. I'll need help in areas such as logo / identity as well as storefront design. In short, I'm a busy business owner and do not want to make a mistep with ownership issues. I obviously understand the payment part. The client needs to pay. But I want to make sure there's nothing more complicated than that. Completely separate from Upwork, I learned a lesson in that regard when I bought a photo session for some friends who had just had a new baby. I paid for the session and then they learned that every picture was a charge and their newborn was on the webpage of the photographer's site. I respect people's work, but don't want to ever assume anything again, so any help here appreciated!
Dec 9, 2016 05:30:47 PM Edited Dec 10, 2016 04:04:25 AM by Preston H
This is not a photography studio.
On Upwork, whoever pays owns all the rights. It IS very simple.
Default rules specified by Upwork declare this. Only if the client and freelancer agree to a separate contract is there any difference.
Dec 9, 2016 05:51:59 PM by Frank Z
I appreciate the info. I only used the story to illustrate the point. Hope it was taken that way.
Dec 4, 2020 09:04:58 AM by Thomas L
Preston where can I get the copyright polcy for my specific work that I paid for on UpWork?
Dec 4, 2020 09:16:25 AM Edited Dec 4, 2020 09:17:20 AM by Preston H
re: "where can I get the copyright policy for my specific work that I paid for on Upwork?"
https://www.upwork.com/legal#optional-service-contract-terms
This has the salient information, including this paragraph:
Dec 9, 2016 06:13:55 PM by Kathy T
Freelancing is considered a work for hire. Once you're paid, copywrite/ownership transfers to the client and they can do what ever they want to do. Anything else, will have to be discussed and agreed to between the freelancer and client. and you'll need to specify that in your contract. But, I'm not sure if any client would want different terms because they won't own the work they paid for.
Oct 31, 2019 10:48:59 AM by Will M
Dec 9, 2016 06:46:00 PM by Valeria K
Hi Frank,
Upwork User Agreement has a few articles dedicated to property rights. Please, see article 8.6
"Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof."
Jan 21, 2019 10:56:05 PM by Asim S
how is infringement enforced? If a freelancer in india is now using the website I paid to be built , how would upwork stop that?
Jan 21, 2019 11:43:30 PM Edited Jan 21, 2019 11:44:43 PM by Petra R
Asim S wrote:how is infringement enforced? If a freelancer in india is now using the website I paid to be built , how would upwork stop that?
Upwork does not "enforce" or "stop" anything much - that is up to you.
You can report the freelancer, but beyond taking action on the freelancer's account if you can show you fully paid the work under the contract, there isn't so much Upwork can do.
Have you discussed it with your freelancer?
Jan 31, 2019 01:32:51 AM by Janne K
This part of agreement is now in:
Mar 23, 2019 07:03:08 PM by Varun S
How can I make sure Optional User Agreement is also signed by freelancer? I don't see any such option while creating a project.
Mar 23, 2019 08:33:10 PM by Preston H
re: "How can I make sure Optional User Agreement is also signed by freelancer? I don't see any such option while creating a project."
Unless you and the freelancer PROACTIVELY do something else, then the "Optional User Agreement" IS IN FORCE when you hire a freelancer.
They see a screen requiring them to check a box and agree to it.
Upwork's default terms of use are in force when you hire a freelancer and don't decide to use another contract.
Don't over-think this.
If you're the paying client, then you own the work.
Oct 31, 2019 10:58:32 AM by Will M
Jan 8, 2020 05:04:22 PM by Ingrid A
Is this updated to 2020? because I can not find this 8.6 user agreement
Jan 8, 2020 08:30:06 PM by Avery O
Hi Ingrid,
We updated the Upwork Terms of Service, and this section can be found in the Optional Service Contract Terms, Section 6 Intellectual Property Rights.
Feb 7, 2020 02:01:51 PM Edited Feb 7, 2020 02:03:04 PM by Ingrid A
Thanks Avery for your Answer.
Can you please explain this IMPORTANT NOTE, because it is not clear for me? If I hire a freelance this year 2020 for a job still valid this contract agreement? I am confuse, sorry for that
Also I wanted to ask... Is it automatic this contract just by hiring someone on upwork? or do we need to do something extra...
Thanks
Feb 7, 2020 02:08:22 PM by Preston H
re: "If I hire a freelance this year 2020 for a job still valid this contract agreement?"
Yes. Still valid.
re: "Also I wanted to ask... Is it automatic this contract just by hiring someone on Upwork?"
Yes.
It is automatic.
As long as the client and freelancer do not intentionally agree to a different contract, then Upwork's default contract is automatically in force.
re: "Do we need to do something extra?"
No. You don't need to do anything else.
Jan 11, 2020 11:19:09 PM by Aleksandar D
Hi Benjamin,
There was a recent update of the Upwork's Terms of Service as you can see in the latest post by Avery. Feel free to follow up on the thread if you have further questions.
Thank you.
Mar 23, 2020 11:29:57 AM by Fabian C
Hi there 🙂 I'm "new" here, I resume my services here after 5 years, I'm impressed by that, I mean, why? Paying for a job doesn't make the client the author of the design, it doesn't make sense and it doesn't seem ethical to me. Why not give the designer the right to say "I did this" (just that) and also allow them the right to add the design to their portfolios? There must be some legal way to attribute those rights to designers without affecting clients' business, profits and interests. 😞 It is really disappointing to me.
Is it possible to create an initiative for Upwork to make a modification to its clauses? that is, how chaotic can it be to modify a regulation to give designers that simple natural right? and specify that those designers will have no rights to future earnings and interest of any kind on the design sold.
Please excuse me if I am being ignorant, but I cannot just ignore the matter, and I am not a lawyer, so I have no knowledge in the matter.
Mar 23, 2020 11:56:13 AM Edited Mar 23, 2020 01:39:40 PM by Valeria K
The very thing you mention, if I read correctly, is a right to all
creators. Whether they are a designer, illustrator, artist, musician,
writer, etc. UpWork should acknowledge this! It’s unfortunate they don’t,
however what they can’t control is how you do business with your clients.
That is with an agreement that outlines and states usage rights AND always
requires a credit line of some sort and allow to be used in your portfolio.
UpWork is not on the side of the creative freelancer, let alone custom
valued creatives! And shamelessly entice novices who know nothing about
real world business. They side heavily on the “client” side to gain profit.
And aren’t interested in value services and working relationships.
Of course not all freelancers on UpWork are in the creative industry, nor
all from the United States, which laws are in place to protect the Original
creator (as long as they didn’t cross any copyright).
Anyway, I might have said more than what your where initially asking about.
But I wanted to emphasize the reason behind my agreement to your post.
**Edited for Community Guidelines**
Sep 1, 2022 07:23:54 PM by Aiman S
I so agree with you. This is just sad. I have so much work that I can't put in my portfolio that I worked hard on or show it to other clients who wanted similar work from me. I personally asked clients if I could use this work in my portfolio and most of them just say no. It's not like I'm going to sell it further or make profits from it. Just need to tell other potential clients that I can make this as well.
Sep 16, 2023 08:58:02 AM by David S
It's absolutely DISGUSTING that Upwork expects photographers to give up copyright. I will be deleting my account and will NEVER accept ANY work from this platform. It is the LAW that when a photographer engages the shutter and takes a photo, they outright OWN copyright and charge the client licensing and usage fees to use those images as stated in a contract. This work for hire practice is rampant on the internet and sites like this need to be SHUT DOWN.
Sep 16, 2023 01:54:45 PM by Tiffany S
The work for hire provision in Upwork's contract is unenforceable in most situations (at least in the US). The back-up provision that says you'll transfer any copyrights if that provision fails is enforceable (again, in the US) and is quite common.
Regardless, your response seems like a lot of unnecessary drama compared with just using different contract terms to sell the rights you intend to.
Mar 13, 2024 06:08:16 PM Edited Mar 13, 2024 06:09:27 PM by Tomasz K
Hi Valeria. thank you for your answer.
Is there a way, that the client and freelancer, agree to share interest, upon completion of the work?
Could, for example, a software developer agree to offer a more attractive price for the work done (code) in exchange for sharing the rights to the final product (for example, the possibility of reusing it for personal projects/goals)?
Dec 10, 2016 03:41:33 AM by Claudia Z
The Work Product represents the final deliverable or outcome. You need to have a clear agreement about what it constitutes a final deliverable. Specify from the beginning if you want to be sent also the source files, to have ownership over everything that it has been produced. Some designers are reticent to provide all source files, unless agreed prior to being hired, this happens mostly if the job is fixed price. One of the reasons not be provided all source files is because they want to retain ownership over some elements or they don't have full ownership over all elements incorporated in the final design.
Dec 10, 2016 04:03:14 AM Edited Dec 10, 2016 04:05:15 AM by Preston H
Remember: In an hourly contract, all work produced by the freelancer while working on behalf of the client (while being paid by the client) belongs to the client. Automatically.
This includes all intermediate files produced by the freelancer. All of these file constitute work product.
If a freelancer creates a great design file in Photoshop, and as part of creating that file the freelancer created 5 Adobe Illustrator files... all of these constitute work product. All of these belong automatically to the client.
These files, created while working for the client, are never the freelancer's files, and it is not up to the freelancer to decide whether or not to provide these files to the client. They already belong to the client.
Dec 10, 2016 06:07:53 AM Edited Dec 10, 2016 06:11:50 AM by Wendy C
Adding to the comments above -
Freelancers normally reserve the right to showcase work they are proud of in their portfolios - this includes websites. The smarter ones include this in their profiles and in any 'paperwork' between client and freelancer.
For clients with a NDA in force as it applies to website writers, designers (design, art, and graphics) and IT builds: once a site goes live it is considered public domain and the freelancer can showcase it in a portfolio, on websites, etc.
Ghost writers and, in some cases, editors are different - esp. as a ghost writer. The actual creator of the project can not, without specific permission, share the work as an example.
If you are asking solely about a Business Plan, it is best to lay out the exact terms in advance.
Jul 9, 2018 02:26:33 AM by AMANY K
Dear Upwork community, I'm new to Upwork, but I have a long history as an architect & designer, and I was concerned about copyright and content ownership as I'm trying to build-up my own brand that is already there. From what you say here is, as long as I get paid I don't own the design anymore, it's is similar to as if I work within a firm.
But you say here that I still can put my design with my name on it in my portfolio & website, right? Is this written anywhere in the terms & contitions of Upwork? Can I do that legally on Upwork?
Thanks
Jul 9, 2018 02:57:13 AM Edited Jul 9, 2018 02:58:13 AM by Nichola L
Although it is true that a client owns the work once you have been paid for it, you could possibly come to some sort of agreement with each client, in that although they own the work, they might not mind naming you as the creator (not the owner) of it. In which case, they probably wouldn't mind your using it as a portfolio piece - but always ask first as some clients do mind. In effect, copyright is when you agree (or grant) full ownership of the work to the person who has paid you, who can then do what they want with the work, without further input or claim from you.
An agreement of this sort doesn't work for all clients of course, as some wish to claim authorship as well as ownership.
Mar 11, 2019 04:09:14 PM by Jack M
Would you be able to describe how this transfer of ownership differs in a fixed price contract? i.e. - are demos/roughs sent to a client (but are not accepted as the final product) also included in transfer of ownership? Or is it only the work product that is deemed to fulfill the job posting requirement?
Mar 11, 2019 05:54:08 PM by Preston H
re: "Would you be able to describe how this transfer of ownership differs in a fixed price contract? i.e. - are demos/roughs sent to a client (but are not accepted as the final product) also included in transfer of ownership? Or is it only the work product that is deemed to fulfill the job posting requirement?"
John:
Technically speaking, a fixed-price contract is intended to specify a specific task or deliverable. Each fixed-price milestone should be accompanied by a description of what the freelancer will do and deliver.
So technically, NOTHING that is not specified as a deliverable needs to be delivered to the client. You can be nice, as a freelancer, and deliver all kinds of stuff. But the client doesn't have a right to anything outside of what was agreed-to beforehand.
For example, if you have a milestone that says: deliver a mock-up sketch for a book cover, then that's the only thing you need to deliver for that milestone.
The client could say: "Didn't you take a bunch of hand-written notes during our conversation about what the book cover should look like?"
Freelancer: "Yes."
Client: "Can I have those notes?"
Freelancer: "The deliverable was the sketch, not any notes."
Now... the freelancer COULD be nice and scan the notes and send them as well. But he doesn't have to.
If this was an hourly contract, however, then those notes BELONG TO THE CLIENT. If the freelancer took notes while logging time (or added time manually), then the freelancer wouldn't have the right to refuse providing those notes to the client.
Mar 11, 2019 07:44:48 PM by Jack M
Thanks for the detailed answer - It confirmed what I had believed to be true, but I wanted to get a second opinion on what I had surmised. Thanks!
Oct 31, 2019 09:05:59 PM by Virginia F
Preston H wrote:Remember: In an hourly contract, all work produced by the freelancer while working on behalf of the client (while being paid by the client) belongs to the client. Automatically.
This includes all intermediate files produced by the freelancer. All of these file constitute work product.
If a freelancer creates a great design file in Photoshop, and as part of creating that file the freelancer created 5 Adobe Illustrator files... all of these constitute work product. All of these belong automatically to the client.
These files, created while working for the client, are never the freelancer's files, and it is not up to the freelancer to decide whether or not to provide these files to the client. They already belong to the client.
No, no, no. Hourly or flat rate, it doesn't matter. Many clients do not realize that some file types are illegal for freelancers to hand over. And unless the client is buying the rights to any stock images used, those images are licensed to the freelancer - specific licenses require set parameters about how they can be used. Once out of a freelancers hand, clients may not honor those licenses.
From a very good online article about this subject matter:
"You cannot legally obtain the fonts from a designer. If you do, both you and the design firm are in violation of the font manufacturer’s end-user license agreement (EULA)"
"You may not be legally allowed to use any custom or stock photography elsewhere or after a certain period of time" (this, depending on the type of license paid for with an image).
Client do not automatically have the right to everything used in a project, and this should be discussed beforehand - if native files are part of the contract, I make sure clients are aware of these exceptions.
Oct 31, 2019 09:40:29 PM by Will M
Jan 25, 2020 09:42:47 AM by Heather F
Jan 25, 2020 11:56:43 AM by Petra R
Heather F wrote:
How do I protect my company from infringement if I have no ownership over the design?
Unless you have agreed anything to the contrary with your freelancer, you DO own the design.