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