Proprietary Rights to Work Protection for Clients

[c74a7023]

Hi,

Just wondering are clients covered by UpWork's T&C's that work provided to clients by freelancer's is proprietary to clients?

If yes, can you please kindly help to pinpoint the part under Terms of Service that governs that?

Thanks very much in advance for your help!

[g_vasilevski]

Hi Yulianto,

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. You can read more about this in our TOS under point 6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY. If you have any additional questions let me know, thank you.

[mrkhalidmansoor]

Hi, You have asked " are clients covered by UpWork's T&C's that work provided to clients by freelancer's is proprietary to clients?"  The question is very important and in this regard the following are the guiding principles;-

            1.   Upwork Terms of Service.

            2.   Upwork's "Proprietary Rights Infringement Reporting Procedures"

            3.   Upwork "API Terms of Use"

            4.   Upwork "Optional Service Contract Terms"

Furthermore, it must be kept in mind that maintaining of the confidentiality in something increases a lot for you. Regards.

[prestonhunter]

Basically:

If you paid for it, you own it.

[tlsanders]

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Preston H wrote:

Basically:

If you paid for it, you own it.

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Though I doubt that the issue arises often, this isn't necessarily true. Upwork's default contract classifies all work performed here as work for hire, but the U.S. Copyright Office/federal law apply a different standard. Outside of work created in the normal course of employment, only a specific, narrow list of types of commissioned works may be classified as work for hire. The requirement for an explicit contract classifying the work as work for hire is an additional necessary element, not one that overrides the restrictive list (which can be found here: https://www.copyright.gov/circs/circ30.pdf)

In fact, I'm not even sure Upwork's default contract meets the explicit written agreement prong of the test, since the legal requirement is specifically that the agreement be signed by both the creator and the commissioning party. Possibly, this has been interpreted to include this type of default contract, but possibly it has not, since the signature is an explicit requirement under the law.

[mrkhalidmansoor]

Hi, Community guru,

"the signature is an explicit requirement under the law."

The reply is well thought and with reference to law citation. Agreed that signatures by the parties are the pre-requisite for a written contract. So, the reply is perfect to this extent.

Regards.