Work for Hire agreement

[06145e18]

Is there a standard work for hire agreement that says that the client owns all materials produced in a contract? Where can I find it?

[kochubei_valeria]

Hi Stuart,

Please, note that there is an article about work ownership in the Upwork User Agreement. Refer to article 8.6 here.

[prestonhunter]

re: "Is there a standard work for hire agreement that says that the client owns all materials produced in a contract?"

Definitely read the agreement Valeria pointed out...

But the short answer is:

Yes.

That is exactly what Upwork's default agreement states.

Whoever pays for the work owns the work.

If a client and freelancer want to arrange otherwise, they can create their own contract that supersedes Upwork's default agreement.

[26ca7f93]

HI Valeria,

I checked the link you listed 8.6.

I dont see anything about work for hire or rights there.

Has it been moved to another area? Can you point me in the right direction?

Thank you.

Bill

[26ca7f93]

Found it.

https://upwork.pactsafe.io/versions/5ad7c486dbfff33445aa43e7.pdf

paragraph 6.4 and on.

[f67f7a8a]

Thanks Bill,

So the actual work for hire is part of an optional agreement that the client would have to make with the contractor.

From what I see there is no actual work for hire agreement in the initial Terms of Service the clients or contractors agree to when signing up with upwork.

[prestonhunter]

re: "So the actual work for hire is part of an optional agreement that the client would have to make with the contractor. From what I see there is no actual work for hire agreement in the initial Terms of Service the clients or contractors agree to when signing up with upwork."

That is not correct, but I can see how the name of the agreement could be confusing.

The "optional" agreement IS IN FORCE by default.

BUT: If the freelancer and client wish to enter into another agreement, THEY MAY.

If they do not create a separate agreement, then Upwork's default agreement is in force. Including the "work for hire" concept.

Unless there is another agreement created:

The client owns the work that she pays an Upwork freelancer to do. Completely and without restrictions.

[72ce09b5]

this is a helpful thread. can someone send me the language for Work For Hire or direct me to it? i can't seem to find it.  thansk 

[BojanS]

Hi Kristy,

You can check the Section 6.4 of the Optional Service Contract Terms for more information and find all the terms regarding Intellectual Property rights there.

Thank you!

[53fb6873]

How do I know the freelancer has agreed to the user agreement and the optional service contract terms? 

[NikolaS]

Hi Li,

Thank you for reaching out to us. By using the Upwork Site or Site Services (which generally means using in any way our work marketplace Upwork.com or our applications), and by clicking accept when prompted on the Site, users agree to be bound by all agreements which constitute Upwork’s Terms of Service. As for the Optional Service Contract Terms -  unless users agreed to different terms, then they agree to incorporate these Optional Terms.

You can find more information here.

[searchwiz]

How is this enforced in practice in the case where a US agency creates a logo designed by someone in an Eastern European country like the Ukraine -- all on UpWork?

[a_lipsey]

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Mark B wrote:

How is this enforced in practice in the case where a US agency creates a logo designed by someone in an Eastern European country like the Ukraine -- all on UpWork?

---

Mark, Upwork can really only enforce payments on hourly contracts and release of escrow funds on fixed price. In terms of enforcing ownership of the work product or IP, if you use the standard agreement, the client owns it. The client, if they need to, would need to enforce it through proper legal channels. 

But your question is a bit unclear. Can you be more specific about the situation you are asking? Are you saying that an Upwork agency located in the US stole the design of an Upwork freelancer located in the Ukraine? 

If they are using it in their portfolio and you can prove it, Upwork may make them remove it from their portfolio. Otherwise you would likely have to seek legal action against the agency - which would not be through Upwork. 

[sajal36]

Intellectual property or trademark  infringement are covered under upwork. However you might have to produce suffient evidences to prove your claim. In any case, if this is not proved than there could be reverse impact too.

However, coming to the point - In case you are hiring freelnacer and you need to protect your material produced as part of contract than I will suggest to get the freelancer accept NDA,  get the MSA / SOW in place which clearly states the clauses that all work generated as part of job belongs to client etc.