Service Contract and Work product ownership

[15f21b92]

Hi,

I can't find a legal regulation about Work product ownership in a basic Terms of services signed by parties of a contract.

Section 3 of the User Agreement reffers to an "Service Contract" (or Optional Service contract) as a Sample. But in the basic flow parties sign no Service Contract.

1. Does it mean both parties are free from any ownership transfering obligations in a basic Upwork contract flow? (freelancer can re-use the Work product on his own)

2. Is there a built-in Upwork option to use Service Contract as a document required to sign before Contract start? Or do I need to take care of it on my own (send custom documents by e-mail, etc)

Regards

[AndreaG · Accepted solution]

Hi Pavel,

You can check out this section of the Terms of Service:
6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY

Unless you agree to different terms with the freelancer, Optional Contract Service Terms are in effect. Please, refer to the following section:
"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."

[prestonhunter]

Pavel:

The client who pays for the work automatically owns the work.

Unless an alternative agreement is intentionally adopted.