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Ownership of work product

314a8519
Active Member
Donald S Member Since: Apr 24, 2020
1 of 3

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?

michael_skaggs
Community Guru
Michael S Member Since: Aug 29, 2017
2 of 3

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.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
3 of 3

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.

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