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New concept and copyright and infringement protection



I am in need of web app development and have heard this is the right place to find someone talented and affordable.


My concept web app is unique. Are there any guarantees my idea will not be copied or disclosed? 



Retired Team Member
Retired Team Member

Hi Denver,


Our Terms of Service, more specifically " Optional Service Contract Terms" include sections about Intellectual Property Rights as well as Confidentiality. You may also discuss and sign a non-compete agreement with your freelancer separately. 


You can check Section 6 INTELLECTUAL PROPERTY RIGHTS under the agreement to learn more about this. If you have additional questions, feel free to follow up here at any time. Thank you.

~ Goran
Community Member

re: "My concept web app is unique. Are there any guarantees my idea will not be copied or disclosed?"


This is a great question.


The first thing you need to understand is that Upwork is NOT a "intellectual property protection service."


Upwork has rules that DO state that users, including freelancers, are now allowed to steal intellectual property. But the SERVICE that Upwork provides is that it allows clients to find, hire and pay freelancers. Upwork in no way guarantees things that it doesn't even claim to do. If you have concerns about intellectual property protection, you can HIRE EXPERTS (either on Upwork or elsewhere) who can consult with you about how to protect your ideas and intellectual property.


Another thing that you need to understand is this:
Ideas are NOT protected by copyright, patents or trademarks. Each of these intellectual property protections protect something different (creative content, inventions, brand names/logos). NONE of these protect "ideas."


Also important to undestand:
Freelancers that you hire on Upwork HAVE NO INTEREST IN STEALING your ideas. They want to earn money by working for you. They don't want to copy your ideas and implement and work for free implementing those ideas. They want to earn money by helping you implement your ideas.


Finally, remember that YOUR IDEA HAS NO VALUE.

This may seem like a harsh thing to say, but it is a mantra that every business owner and project owner should keep in mind. "My idea has no value." Here is an example: "My idea is to create a teleportation device that can instantly transport tourists to the moon." This may seem like a really fantastic idea, but it actually has no value. If you tried to sell this idea to someone, you would earn zero dollars.


BUT: An idea that has been IMPLEMENTED has value.

Some "nutty" person once thought to himself: "I'm going to create a website that lets people hire drivers to take them places using their own cars, without the need for a taxi." That was just an idea. And that idea could NOT be protected by copyright or trademark law. BUT: The successful implementation of that idea ended up having tremendous value and changed transportation in the modern era through companies such as Uber and Lyft.

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