Graphics paid by usage or by project?

[e48b0d53]

Hi Folks,

Relatively new to Upwork, and recently had a freelancer complete a job for us. It was a set of graphics we intended to use on stickers. We completed our payment and later wanted to get one of the same graphics printed on a t-shirt as a demo. We then realized the freelancer had only sent us a .jpg file for the stickers, not the root vector file. When we asked for the vector file so we could print the t-shirt demo, they said it would be an increase in scope, and that Upwork terms are designs are payable by use, not by project.

I have scanned Upwork's terms of service and having some trouble finding this clause so I thought I would ask the community here. How are graphics payable, are they indeed by use (stickers, t-shirts, mugs, posters, etc.) as the freelancer is claiming, in which case we would need to increase our scope $$$ to be able to print these graphics on other mediums? Or are they payable by project, in which case the root vector file created for our first project should have been sent to us in the first place as a deliverable.

Best,

Pete

[petra_r]

Hi Pete,

Have a read here under section 6. Intellectual Property Rights.

That should help.

If I am not mistaken (rare, but has been known to happen) you are owed the vector files but it sort of depends on what was specified and agreed and what you paid (to a degree.)

[bobafett999]

Well this is tricky and it depends on what was asked before and what was delivered.  It is entirely possible to ask for more money becasue based on the scope the FL may not even have created files to be printed on other mediums.

 Also, many photography websites like Getty or Alamay have different licencing fees based up on how an image will be used.  For e.g. web use is priced lower becasue it is mostly one time use.  If you were to create tens of thousand fliers the price is different.  If you want an image that is very large size suitable for framing it is another price.

In short just becasue you created an image you can't use it wherever.  Also if the contract was to give you an image 800Wx800H and he gave you the files he is off the hook.  The file requirements may be different. And unless the FL created an image in vector he can't give to you.  Many many low cost graphics designers can't create vector images.

[mtngigi]

---

@Peter K wrote:

Hi Folks,

Relatively new to Upwork, and recently had a freelancer complete a job for us. It was a set of graphics we intended to use on stickers. We completed our payment and later wanted to get one of the same graphics printed on a t-shirt as a demo. We then realized the freelancer had only sent us a .jpg file for the stickers, not the root vector file. When we asked for the vector file so we could print the t-shirt demo, they said it would be an increase in scope, and that Upwork terms are designs are payable by use, not by project.

I have scanned Upwork's terms of service and having some trouble finding this clause so I thought I would ask the community here. How are graphics payable, are they indeed by use (stickers, t-shirts, mugs, posters, etc.) as the freelancer is claiming, in which case we would need to increase our scope $$$ to be able to print these graphics on other mediums? Or are they payable by project, in which case the root vector file created for our first project should have been sent to us in the first place as a deliverable.

Best,

Pete

---

Pete,

A lot depends on what your original job post asked for. Did you specify original vector artwork?  Did you or the the freelancer purchase stock photographic imagery? Unless you asked the freelancer to create original artwork (vector or otherwise), and you approved the final files, the freelancer would be under no obligation to recreate these images.

You're assuming the freelancer created your artwork using vector software, but that may not be the case. If there's a chance the freelancer used stock images with licenses, it's advisable to make sure that the images are royalty-free before proceeding to have them recreated.

[prestonhunter · Accepted solution]

Some of the comments in this thread apply only if you are hiring using fixed-price contracts.

If you are hiring using a fixed-price contract AND if the freelancer specifically stated what types of files he would provide, then yes, it is possible that the contract may only stipulate that the freelancer provide a certain type of file to you.

If the freelancer did not thus limit the deliverables in the original agreement, then the freelancer should be providing you with all the files he created, not just one format.

If this is an hourly contract, then all files that were created by the freelancer while working for you belong to you. All work product, including the vector files, are yours. They do not "belong" to the freelancer.

Others in this thread have alluded to the fact that the freelancer may be using content which he himself does not own. That is really a separate issue, and I assume that is not the case in your situation. But, yes, it is something to keep in mind.

But if this is an hourly project, the freelancer really should be providing all of the work files to you, even including files that you do not have the right to re-distribute or publish, if those files were being used as a component in the creation of final usable files. The freelancer is the worker, not the project owner, and those files can reside on your computer just as legally as they can reside on the freelancer's computer. Of course you will respect the rights of the actual copyright owners, just as the freelancer would.

If the freelancer is creating completely derivative works (and, once again, I don't think that is the case for your project), then you yourself should be purchasing the proper rights to use those copyrighted images - rather than having the freelancer purchase those rights, and rather than the freelancer using those images without permission.

[e48b0d53]

Thanks Preston,

This sums up what we were facing really well. It was an hourly contract for vector artwork. To close out the story, there was not a dispute and we are looking forward to working with the freelancer again as they went ahead and provided the vector artwork once we leveraged the insight here.

Best,

Pete

[mtngigi]

---

@Peter K wrote:

Thanks Preston,

This sums up what we were facing really well. It was an hourly contract for vector artwork. To close out the story, there was not a dispute and we are looking forward to working with the freelancer again as they went ahead and provided the vector artwork once we leveraged the insight here.

Best,

Pete

---

Pete,

I'm glad you figured things out with your freelancer and received what you needed. For future reference, always make sure the freelancer is creating artwork in the format you need, and providing you with those file formats. Sometimes clients ask for a logo/artwork, and many freelancers will only create a low-res web jpeg or png file. Then when the client needs to use that logo enlarged on a large trade show sign or have a t-shirt printed, they discover that what they have is not useable for those purposes.

[e48b0d53]

Yup, it's clear that at the outset we'll need to be specific to eliminate any gray areas. Ultimately what we typically will need from this community are vector files so we'll just make that part of the deliverables in the ask.

[mtngigi]

---

@Preston H wrote:

Some of the comments in this thread apply only if you are hiring using fixed-price contracts.

If you are hiring using a fixed-price contract AND if the freelancer specifically stated what types of files he would provide, then yes, it is possible that the contract may only stipulate that the freelancer provide a certain type of file to you.

If the freelancer did not thus limit the deliverables in the original agreement, then the freelancer should be providing you with all the files he created, not just one format.

If this is an hourly contract, then all files that were created by the freelancer while working for you belong to you. All work product, including the vector files, are yours. They do not "belong" to the freelancer.

Others in this thread have alluded to the fact that the freelancer may be using content which he himself does not own. That is really a separate issue, and I assume that is not the case in your situation. But, yes, it is something to keep in mind.

But if this is an hourly project, the freelancer really should be providing all of the work files to you, even including files that you do not have the right to re-distribute or publish, if those files were being used as a component in the creation of final usable files. The freelancer is the worker, not the project owner, and those files can reside on your computer just as legally as they can reside on the freelancer's computer. Of course you will respect the rights of the actual copyright owners, just as the freelancer would.

If the freelancer is creating completely derivative works (and, once again, I don't think that is the case for your project), then you yourself should be purchasing the proper rights to use those copyrighted images - rather than having the freelancer purchase those rights, and rather than the freelancer using those images without permission.

---

Preston,

I get what you're saying (sort of), but It doesn't matter whether the project is fixed or hourly, what matters is what kind of artwork was asked for and mutually agreed upon by the client and the freelancer - the final deliverables.

If I'm creating original vector artwork for a client, then the client will get my original vector files, regardless of how I'm working (hourly vs fixed).