🐈
» Forums » Clients » Re: Ownership of work product
Page options
314a8519
Community Member

Ownership of work product

Does Upwork have any rights in paid for work product or once I pay a freelancer on Upwork do I own my work completely free and clear?  Someone told me I only get a "license" to the work and don't own it. And where legally can I confirm this if this question is not being answered by a company authorized representative?

9 REPLIES 9
michael_skaggs
Community Member

https://www.upwork.com/legal#optional-service-contract-terms

 

Section 6.4.

 

"Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), 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. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered and paid for."

 

So unless you negotiate different terms with your freelancer, you own all rights to the final product. But at no time does Upwork have anything to do with the work product. In fact, the user agreement specifically states they make no warranty or guarantee whatsoever about a work product being fit for use and that the determination is solely up to the client.

re: "Does Upwork have any rights in paid for work product?"

 

No.

 

re: "once I pay a freelancer on Upwork do I own my work completely free and clear?"

 

Yes.

 

re: "Someone told me I only get a 'license' to the work and don't own it."


I am sorry someone told you that. What they said is very silly and has no basis in fact.

The title of the service contact says "optional"

"Users who enter into a Service Contract on the Site with another User are free to agree to these Optional Service Terms in whole or in part, or to agree to different or additional terms for their Service Contract(s)."

 

So to me this means this is not the default agreement when you hire a freelancer. Instead both parties need to agree to this I guess as a separate signed contract? Am I wrong? I am looking to hire for the first time & I just want to be sure.

re: "Am I wrong?"

 

You are wrong.

 

The Optional Service Contract is indeed the default contract.

Preston is correct. It is borderline deceptive, but the Optional Service Contract Terms are actually default. The reason that they are allowed to be called "optional" is because the parties to the contract may agree to different terms (as long as protocol is followed). It follows "nudge theory", in that while the parties may opt out, they are by default opted in. Below are the first two sentences of the Optional Service Contract Terms.

 

Users who enter into a Service Contract on the Site with another User are free to agree to these Optional Service Terms in whole or in part, or to agree to different or additional terms for their Service Contract(s). However, if and to the extent that the Users who are party to a Service Contract have not agreed to different terms, then they agree to incorporate these Optional Terms. (emphasis mine)

Thanks Jonathan. I think the wording is unclear because Upwork is trying to protect itself from liability for the content of the optional provisions. As a related question, I'm having trouble finding the definition of "Service Contract." I think that's the default contract that I enter with any freelancer, but I'd like to have proof with a definition. Do you know where it is? Thanks.

Sorry, cancel my question, I found it. The definitions are at the very end of the User Agreement.

dbce1565
Community Member

What does it mean except background in technology?

 

re: "What does it mean except background in technology?"

 

I hired John to create a book cover. It is a beautiful illustration. I own the illustration.

 

He created it using Adobe Illustrator.

I don't own the copyright to Adobe Illustrator.

I just own the copyright to the book cover/illustration.

Latest Articles
Learning Paths