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d03ca1fb
Community Member

Who owns the intellectual property

If I use the Upwork service who owns the intellectual property? I am thinking of hiring someone from Upwork to assist with a new business startup of mine. I am concerned that either 1) Upwork or 2) the freelancer from Upwork would have a claim to the intellectual property created.

 

 

45 REPLIES 45

thanks for the opinion. looking for facts on the t&c where it states exactly so. It does cover freelancer

"Client grants Freelancer a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Materials as necessary solely for the performance of the Freelancer Services under the applicable Service Contract. Client reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials."

I would be grateful if you could clarify one moment for me.

Optional Service Contract Terms (article 6.4) include the terms that  Intellectual Property Rights in the Work Product will be the sole and exclusive property of Client upon Freelancer’s receipt of full payment.

 

Does Upwork Terms and Service automatilly include Optional Service Contract Terms?

Or should we enter into Optional Service Contract additionally by putting a checkmark somewhere at Upwork or by exchanging emails and signing the agreement separately?

 

Thank you very much in advance!

re: "Does Upwork Terms and Service automatically include Optional Service Contract Terms?"

 

Yes.

 

There is no need to do anything else separate from the standard accepting of the Upwork contract.

Hi Elena,

 

I'd like to follow up on the information Preston already shared and confirm that the Optional Service Contract Terms are the default and apply to the contract unless both parties agreed to different terms.

As a side note and not related to your question about the Optional Service Contract Terms, it's always best to discuss the contract terms and any related concerns you might have with your freelancer and agree on them in writing in Messages, in order to ensure you have the same understanding and expectations. 

agreed to in writing

~ Vladimir
Upwork
sajal36
Community Member

Have the NDA signed with the freelancer. Include the clauses related to IP in the NDA. 

An NDA is not the place to transfer intellectual property rights. You are correct that it should be done by signed contract (as required by U.S. copyright law), but not in an NDA. 

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