Portrait Rights Issue in Video Shooting Project

[49f0623f]

Hello,

As a client, I will do a video shooting project with an Upwork freelancer. The price the freelancer offered includes the model fees. There will be a dog model and a human model in this video. We have almost talked over all the details, but I'm not sure if I need to sign a "Portrait rights Permission Agreement" with the freelancer?

I've looked through the Help Center but did not find anything about this issue.

Could anyone give me an idea of this "Portrait rights" issue? It is the first time we find video-shooting freelancers on Upwork, and we don't want to risk any illegal things.

Thank you!

Best,

Rebecca

[g_vasilevski]

Hi Rebecca,

I would like to clarify that our Terms of Service have general NDA details. To learn more about this please refer to our Optional Service Contract Terms under the section "6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY". 
You can also discuss with your freelancer about signing an additional NDA with more details regarding your project. Thank you.

[49f0623f]

Thank you, Goran! I looked through the terms, and yes, all the IP-related things are generally included under this section.

[prestonhunter · Accepted solution]

Rebecca, I don't believe there is anything you need to worry about. If the freelancer said that the rights are included, then the rights are included.

If the freelancer had said nothing at all about it, then the rights would have been included according to Upwork's default contract language.

If you are not 100% comfortable with this, then just provide portrait contracts for everyone to sign. You produce those and they'll sign the agreements.

[petra_r]

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Preston H wrote:

If the freelancer said that the rights are included, then the rights are included.

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How would you know that? That's most likely the case, but "The freelancer said" does not mean it's true.

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Preston H wrote:

If the freelancer had said nothing at all about it, then the rights would have been included according to Upwork's default contract language.

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Not true. Nothing in Upwork's terms of service affects the rights of a third party that has nothing to do with Upwork, such as the models

[49f0623f]

That makes sense! Thank you, Preston! 😄