Dec 15, 2021 06:26:05 AM Edited Dec 15, 2021 06:30:00 AM by Pavel E
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
Solved! Go to Solution.
Dec 15, 2021 08:08:57 AM by Andrea G
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."
Dec 15, 2021 08:08:57 AM by Andrea G
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."
Dec 15, 2021 08:31:46 AM Edited Dec 15, 2021 08:32:17 AM by Preston H
Pavel:
The client who pays for the work automatically owns the work.
Unless an alternative agreement is intentionally adopted.