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Who owns the intellectual property

Active Member
Ryan H Member Since: May 11, 2017
1 of 29

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.

 

 

Community Guru
Petra R Member Since: Aug 3, 2011
2 of 29

@Ryan H wrote:

If I use the Upwork service who owns the intellectual property?

 


 You do.

 

 

Active Member
Ryan H Member Since: May 11, 2017
3 of 29

Thank you for your response.

 

Is this information in your terms of service? If so, which paragraph section please?

 

Best regards,
Ryan

Community Guru
Wendy C Member Since: Aug 24, 2015
4 of 29

Caveat to Petra's answer - 

 

Once the freelancer(s) have been paid in full you own the rights.   Until then, the creator owns the rights to whatever he/she created.

Active Member
Ray Ian A Member Since: Dec 14, 2015
5 of 29

Unless otherwise stated, you do. Have them sign an NDA, though, just to be safe. 

Community Guru
Wendy C Member Since: Aug 24, 2015
6 of 29

It should be noted that NDAs are more than difficult to enforce.  Do your due diligence - starting with talking to the potential frelancers you feel will do the best job.

Active Member
Ryan H Member Since: May 11, 2017
7 of 29

Thanks again, and where in the Terms of Service is the ownership information?

 

Best regards,
Ryan

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
8 of 29

Ryan,

 

As others noted on this thread already, you own the work you paid for. Please, refer to the article 8.6 INTELLECTUAL PROPERTY RIGHTS or the User Agreement for more information.

~ Valeria
Untitled
Active Member
Pablo L Member Since: Nov 8, 2017
9 of 29

Hello Valeria,

 

I understand that the "User" owns the intellectual property. What about any inputs that might be uploaded for the work? For example, documents that might contain confidential information? I understand those should not be used by Upwork nor by the freelancer. Is that correct?

 

Thank you very much in advance.

 

Best,

Community Guru
Preston H Member Since: Nov 24, 2014
10 of 29

Pablo:

It isn't clear to me what you are referring to.

 

The person who pays for the work owns the work. It's not complicated.

 

I don't think there are any "what abouts"...

 

If I am paid for one hour of work by John... then EVERYTHING I create during that hour belongs to John. That includes "inputs" and "documents."

 

You mentioned "confidential information." I'm not sure what you mean by this. Clients do not ask me for "confidential information." Clients pay me to do work. And the intellectual property associated with that work belongs to them.

 

If you still have questions about this, please feel free to explain further.

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