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Work for Hire agreement

Active Member
Stuart S Member Since: Sep 25, 2017
1 of 7

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?

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 7

Hi Stuart,

 

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

~ Valeria
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Community Guru
Preston H Member Since: Nov 24, 2014
3 of 7

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.

Active Member
Bill B Member Since: Aug 20, 2018
4 of 7

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

Active Member
Bill B Member Since: Aug 20, 2018
5 of 7
Active Member
Finance G Member Since: Feb 13, 2019
6 of 7

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.

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 7

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.

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