May 11, 2017 09:41:59 AM by Ryan H
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.
Nov 15, 2020 05:19:19 PM by Daniel T
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."
Jan 21, 2021 11:58:18 PM by Elena B
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!
Jan 22, 2021 12:08:08 AM by Preston H
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.
Jan 22, 2021 01:47:09 AM by Vladimir G
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
Feb 1, 2023 05:49:39 AM by Sajal S
Have the NDA signed with the freelancer. Include the clauses related to IP in the NDA.
Apr 21, 2023 03:51:10 PM by Tiffany S
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.