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Freelancer wants to post Design work on behance profile

Active Member
vick s Member Since: Apr 8, 2016
1 of 14

Hello, 

I hired a freelancer here on upwork to design my new upcoming application for our company. 

He did a good job and I’m very happy with the work but recently he told me he is going to post the design on his 

personal behance profile as work completed by him. 

Normally i would not have an issue but since the application is now moving from design stage to development stage this is bad news as it would give away our companies idea and also it would serve as a road map for anyone who wants to copy / clone our not yet released app. 

when I told him no you cannot do this he bluntly told me " yes i can since u did not ask me to sign an NDA " 

I have been able to talk him down and have him hold off at least until we get a beta version on the market but i guess my question is as follows. 

If i paid someone to do some any work for me / my company does that work not automatically belong to us ? what right does the freelancer have to publish the work he was paid to do as his ? 

i do not need upwork to intervene at this point but i just want some guidance on this. does he have the right to post it ? 

 

Community Guru
Tonya P Member Since: Nov 26, 2015
2 of 14

You need to submit a ticket to Upwork support. I believe the freelancer is in violation of the TOS.

 

See section 8.6 here: https://www.upwork.com/legal/

Active Member
vick s Member Since: Apr 8, 2016
3 of 14

Thank you for your quick reply.

I just really want someone to tell me for sure if the content I purchase on upwork belongs 100% to me with all rights belonging to me / my company?

Does anyone know the answer to this ?

Ace Contributor
Katherine V Member Since: Dec 30, 2015
4 of 14

Tonya already answered you. The answer to your question is on the link she provided.

 

If you're too lazy to read, the exact verbiage is:

 

Ownership of Work Product and Intellectual Property

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. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.

 

Simply put, even without an NDA, by contracting with you and receiving payment on Upwork, he is bound by the rules since everyone agrees to the TOS upon signing up for an account on Upwork.

Active Member
vick s Member Since: Apr 8, 2016
5 of 14

wow your tone just makes me so happy I just used this place to ask a question. 

next time you get the urge to call someone lazy think maybe you are too bored to type 

that I’m lazy. anyway thank you for your copy paste work, saved me some work to read it and find it. 

If i were you i would reframe from insulting people if u intend to help them lol. 

 

Community Guru
Scott E Member Since: Jul 26, 2015
6 of 14

It wasn't exactly an insult. Somebody provided you with a link to the answer and told you which section to read. You then essentially said, for all intents and purposes... "thanks, but I can't be bothered to read that. Can you just tell me the answer instead?"

 

I don't think it's a massive leap of the imagination to consider that as maybe being a bit lazy. 

"Welcome, humans. I'm ready for you!"
- Box, Logan's Run (1976)
Community Guru
Sandra T Member Since: Nov 26, 2014
7 of 14

Hi Vick,

 

just yesterday I did some work for a new client who put the following paragraph into the contract offer:

 

"The contents of this sheet are to remain confidential, and by accepting this job, you agree that you will not share any of the content in this file (not even fragments), that you will not use these materials as samples of your translation/proofreading/editing work, and that you will not publish or use these materials for any purpose, other than to provide feedback directly to me. You also agree not to share our client's name or any details of this project."

 

Like the others pointed out, it's actually already part of Upwork's TOS, but you could include a similar paragraph in future contracts just to make things clear from the start and save yourself (and your freelancers) from having to discuss and peruse lenghthy terms.

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
8 of 14

Hi Vick,

 

I see other members already responded and shared our ToS, so if you need further assistance with confirming the ownership of the work you paid for, please contact Customer Support and we'll follow up with the freelancer.

Community Guru
Bojana D Member Since: May 2, 2011
9 of 14

1) Vick, your tone is off as well, specifically for someone asking for an answer that can be found with exactly two clicks. 

 

2) As already stated, the ToS transfer all transferrable rights to the client. So yeah, you have the right to request the freelancer to not display the work in their portfolio - either at all or at least not before a date specified by you.

 

3) Not exactly relevant to this particular discussion but does anyone with more legal knowledge know how the ToS work with the Berne Convention? Particularly this paragraph of the ToS: 

 

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.

 

when according to the Berne Convention the right to be identified as the author of the work is non-transferrable? 

Community Guru
Wendy C Member Since: Aug 24, 2015
10 of 14

I'm beginning to sound like an auto rewind tape but there is a darn good reason for both parties to sign an agreed to job specific contract that gets all these details out in the open first.  There is nothing wrong with the creator of a design or anything else posting a link to their work on Behance, YouTube or any other platform if both parties agree.  Obviously the timing would be agreed to as well.

 

FYI - both parties benefit from the added exposure.

 

Learn to play like professionals; it makes for a much better working experience and relationship.

 

My comment is directed first and foremost to providers as you should all know, understand and utilize best practices.

 

@ Bojana:  I'm not a lawyer but instinct tells me that an International Agreement (Berne Convention) takes precedence and out-weighs any other agreement.

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