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Ownership of work product

Active Member
Nicolas M Member Since: Nov 1, 2018
11 of 16

Hi Valeria,

 

If clients and freelancers don´t make another arrangement, the Optional Service Contract Terms are automatically in effect by default?

 

Thanks,

 

Nicolas

Community Guru
Preston H Member Since: Nov 24, 2014
12 of 16

re: "If clients and freelancers don´t make another arrangement, the Optional Service Contract Terms are automatically in effect by default?"

 

Yes.

Community Guru
Preston H Member Since: Nov 24, 2014
13 of 16

Furthermore, I believe that the overwhelming majority of Upwork freelancers understand that the work product they produce belongs completely to the clients who pay for the work to be done.

 

I have personally hired over 70 freelancers on Upwork, for projects that include the creation of original graphics, design, illustrations, writing and more.

 

Not once have I had a problem regarding ownership. The freelancers produced work that I own completely and do whatever I want with.

 

I know that there ARE some freelancers who come to the Forum and wondered about this and have asked if things must be this way. The advice they are given is always the same: Work product and all rights associated with it belong entirely to clients, unless the client and freelancer enter into an alternative contract.

Active Member
Jennifer V Member Since: Jan 31, 2018
14 of 16

This is separate to the issue of being concerned that Upwork made a substantial TOS change, but regarding the agreement itself - you could ask the freelancer to sign an agreement with your company regarding confidentiality and ownership of materials.

Active Member
Michael C Member Since: Feb 13, 2019
15 of 16

I just found this discussion because I had the same question as others.  Read together, the responses are a bit confusing.  So are you suggesting that each person posting a job needs to come up with their own confidentiality agreement and terms to get signed separately by any freelancer in order to be confident about owning the work product and maintaining confidentiality?  If so, that does take away an advantage that was there in the past when everyone had confidence in the same set of clear rules.

Community Guru
Preston H Member Since: Nov 24, 2014
16 of 16

re: "So are you suggesting that each person posting a job needs to come up with their own confidentiality agreement and terms to get signed separately by any freelancer in order to be confident about owning the work product and maintaining confidentiality?"

 

No, not at all.

 

I'm sorry that this thread was confusing.


The situation is actually quite simple. As experienced Upwork clients already know, you do NOT NEED a separate contract or a confidentially agreement or terms. You don't need any of that. All of that is already provided by default.

 

Moreover, freelancers know this and respect this.

 

There IS a clear set of rules. Upwork freelancers respect confidentiality and undestand that the work product belongs entirely to the client.
 
When Upwork freelancers accept a hire offer, the user interface has buttons that they click which acknowledge that they know and agree with these things.
 
If you have any doubts about this at all, feel free to ask any freelancer you are working with before you enter into an agreement. All you would need to do would be to say something like this before sending an official hire offer:
 
"Janice, I'm looking forward to working with you. Upwork's default contract says that all work product belongs to the client. Is that how you understand things, and is that okay with you?"
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