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Who owns the intellectual property

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

Hi Pablo,

 

As I mentioned before on this thread, Upwork ToS contains clauses about ownership of product and intellectual property. There are also additional steps you can take to protect your business, information and ideas. Check out these articles for some tips:

 

4 Key Tips for Legally Protecting Your Business

Intellectual Property Protection: Non-Disclosure Agreements

Protect Yourself From Copyright Infringers

~ Valeria
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Active Member
Bartlomiej D Member Since: May 31, 2018
12 of 29

Hi, could you point me where the User Agreement states that intellectual property rights will be transferred to the client? In our case, we want to order a 3D model design. Do we need to sign / create our own agreement?

 

Article 8.6 is now "Records of Compliance", not "Intellectual Property". Did you move it elsewhere?

 

Thank you!

Moderator
Goran V Moderator Member Since: Mar 24, 2017
13 of 29

Hi Bartlomie,

Please use this Link to read about our Intellectual properties rights. In order to navigate to this section you will need to go to Terms of Service > Optional Service Contract Terms > 6. Intellectual Property Rights. Thank you!


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Active Member
Bartlomiej D Member Since: May 31, 2018
14 of 29

Hi Goran,

The "Optional Service Contract" is what I needed, thank you!

At what point do the freelancer and I sign it? I do not recall seeing this agreement at any point during registration. Should I ask the freelancer to send me I a signed scan?

Community Guru
Nina K Member Since: Nov 29, 2017
15 of 29

Hi Bartlomiej,

If users are registered on the site and enter a contract, they agree to these Optional Contract Terms unless they agreed to any different terms. There is no need to sign the Optional Contract Terms separately but if you need the freelancer to sign any additional terms, you can discuss it with them directly.

~Nina
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Community Guru
Prashant P Member Since: Sep 29, 2015
16 of 29

As a double safety you may ask the freelancer to sign and send this small little document.

 

:

 Upon Freelancer’s (my name is)receipt of full payment from Client (Your Name is) the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client (Your name is).

Community Guru
Reinier B Member Since: Nov 3, 2015
17 of 29

@Prashant P wrote:

As a double safety you may ask the freelancer to sign and send this small little document.

 

:

 Upon Freelancer’s (my name is)receipt of full payment from Client (Your Name is) the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client (Your name is).


 ...and then hope that you and your chosen freelancer are in the same country so that you can enforce the little agreement Prashant shared. 

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The problem with silver linings is that they always come with dark clouds attached - RB
Community Guru
Prashant P Member Since: Sep 29, 2015
18 of 29

@Reinier B wrote:

@Prashant P wrote:


 ...and then hope that you and your chosen freelancer are in the same country so that you can enforce the little agreement Prashant shared. 


 Reinier:  Not necessarily.  This would prevent the FL from suing the buyer.  I believe that is what the whole thread is about.  Buyers want to be sure that they own the work product without anyone claiming that they stole their work.

Active Member
James H Member Since: Oct 31, 2017
19 of 29

This is not strictly true, regardless of what the Upwork terms say. In the eyes of the law money changing hands is is no way, shape or form the basis for the client to retain exclusive IP rights to the work. You would need a specifically drawn up agreement with the client for that to be the case or it would not hold water. You are free to reuse your work and make changes to it as you see fit, including using that work on other projects and displaying it in your profile. You can't simply change the law for Upwork users or anyone else based on a few terms and conditions written on your website. If you are happy to do this, then I would consider charging a full release fee via a contract signed by both parties.

Active Member
James H Member Since: Oct 31, 2017
20 of 29

As a follow up to this, and it's quite a shock for me to read this, and I can only imagine it was implemented to avoid legal ramifications and side with clients as the source of the site's income, then freelancers in general on this platform need to charge at least 10 times more for the work they do to compensate for the other 9 times they can no longer use it. No freelancer in their right mind would willingly agree to this and I feel it has been unfairly forced upon us and severely limits our potential to pursue a livelihood on the platform. I would like to speak to a rep about this and I don't wish to be referred to the sites ToS thank you.

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