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Who owns the intellectual property

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

@James H wrote:

 I would like to speak to a rep about this and I don't wish to be referred to the sites ToS thank you.


 All the rep will do is reiterate the Terms of Service.

You are free to (try to) negotiate alternative terms with your client(s) but unless they still hire you under those alternative terms and agree to them, any contract with any client on the site (past, present and future) will be subject to the Upwork Terms of Service.

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

re: "it's quite a shock for me to read this"

 

It's quite a shock that clients own the intellectual property they pay freelancers to create?

Community Guru
Kim F Member Since: Aug 26, 2015
23 of 29

> It's quite a shock that clients own the intellectual property they pay freelancers to create?

 

It really isn't that simple. I assume James is a designer?

 

I have my own templates that I've used to layout books. One client insisted that she was entitled to the In Design file so she could use the template in future herself. However, she'd explicitly agreed to my supplying her with a print ready pdf so ... 

 

The point is that at the time of agreeing a contract you make it explicit what you're selling. Even if you think the Upwork ToS are fine, it does no harm to reiterate what is covered by your agreement and what isn't. Saves bucket loads of potential grief later.

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

Kim F:

I appreciate your comments on the topic, and I agree that there are legitimate situations for which the default Upwork contract may not be ideal.

 

I think that freelancers using Upwork should understand that it is a general purpose freelancer work platform, and that it was not set up specifically for their job niche. As such, the default position that clients own intellectual property created by commissioned freelancers should not be shocking. Nor should this default contract cause any concern, given the fact that Upwork allows freelancers and clients to agree to any kind of alternative contract that supersedes the default one.

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

Any FLer who is of professional caliber knows to use specific to job contracts. Any client who wants quality work will be open to this.

 

 

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

Thanks Kim, this was very helpful.

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

re: It's quite a shock that clients own the intellectual property they pay freelancers to create?

 
Putting words into my mouth by rephrasing and altering the content of what I said to imply something I didn't state in my original argument, well done you! That's not what I said and you well know it. When you create work as a freelancer you are not generally under any contract or obligation to hand over IP rights. It's sad that you don't understand this and so willingly give away what is yours for such a small price. When you create as a freelancer, you generally only license the use of that work in a project. End of.
Active Member
James H Member Since: Oct 31, 2017
28 of 29

I appreciate all the other input in this thread, and will take the care to revise contracts where necessary.

Active Member
Jo S Member Since: Nov 25, 2018
29 of 29

Hello Pablo, 

 

Is you shere your documents with Microsoft's Information Protection (IP) you van protect your documents if you end your contract with them.

 

Kind Regsrds, 

Jo

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