๐Ÿˆ Community
ยป Forums ยป Clients ยป how to create a contract document to transfer...
Page options
4cd1676c
Community Member

how to create a contract document to transfer his rights to m

Hello! Could you tell me how or where can I create or get the contract with the freelancer where he transfers his rights for the produced product to me

thanks

22 REPLIES 22
williamtcooper
Community Member

Maryna,

 

Contact your attorney if this is a legal matter. Posting here is probably not going to be of much help. Thanks!

Hello ...i can do this professional

Really? Are you an attorney licensed in the appropriate jurisdiction? Otherwise, it would be illegal for you to offer this service (at least, in the U.S.)

I thought that upwork do it automatically and I can get it somewhere here. 
so it means that I should create the agreement with the freelancer by myself, right?

You are asking about doing something that I personally never do, and have never done.

As a client, I have hired over 180 freelancers on Upwork.

Much of this work is for creative work, such as for original artwork.

 

IF YOU WANT TO, you may create additional documents that pertain to transferring rights.

 

But I DON'T NEED TO DO THAT.

 

Because the DEFAULT contract that freelancers and clients are under when they set up contracts on Upwork ALREADY stipulates that ALL rights belong to me (the client).

 

I personally DO NOT NEED anything other than this: https://upwork.com/legal

I use all of the work that freelancers created for me without any restrictions, and have never had any problems doing so.

Could you explained me as I'm new here.I'll be very grateful!

I hire freelancers with a fixed price and how I know that all the rights for the product he done is now belong to me? I can't find it on upwork. May be some agreement?

re: "Could you explained me as I'm new here.I'll be very grateful! I hire freelancers with a fixed price and how I know that all the rights for the product he done is now belong to me? I can't find it on upwork. May be some agreement?"

 

https://upwork.com/legal

This isn't actually true. I agree that you are probably fine not securing an effective transfer of rights, in part because it's unlikely to ever be challenged. But, in many countries moral rights associated with intellectual property cannot be assigned or waived. And, in the United States, most transfers of intellectual property rights specifically require a signed agreement--though the law may at some point determine that having failed to change default terms on a digital contract that was not actually signed (or even e-signed) suffices to fulfill that requirement, today it is at best an open question.

Maryna,

 

Upwork has it's Terms and IF you require something beyond those written terms you MAY need to contact an attorney. I wouldn't be using this board for legal advise.

Unfortunately I can't find in google unswer for my question. May be because of my not perfect English, I can't explain what I need. And no, I just want to get some agreements with freelancers on upwork and my company

re: "Unfortunately I can't find in google unswer for my question. May be because of my not perfect English, I can't explain what I need. And no, I just want to get some agreements with freelancers on upwork and my company"

 

You are welcome to use the default contract.

 

https://upwork.com/legal

 

Or you may create your own.

 

Personally, I just use the default.

Thank you!

Hello again ๐Ÿ˜Š I found what I mean - NDA!

Upwork said:

 At times, the nature of your work may lead you to ask your freelancer to sign an external non-disclosure agreement (NDAs). To make that easier, we include NDAs as an optional job term. However, please note that these agreements are strictly between you and your freelancers โ€” Upwork will not enforce them.

 

as I understood, I have to create it by myself, but how I could download it to my accounts and send to sign to freelancer?

You may create your own NDA which you ask freelancers to sign.
Or you may download an NDA from the Internet and change a few words and ask them to sign it.

 

Or do what I do:

As a client, I do not use an additional NDA document because the NDA language already part of the default Upwork contract is sufficient for my purposes.


Many clients ask freelancers to sign additional NDAs. Most do not.

Thank you! My chief ask me to do it.
And how I can send it to the freelancers to sign it digitally through Upwork. Is it possible?

Of course it does. Upwork wrote an "optional" contract between the freelancer and client which is presumed to be part of the agreement unless expressly overridden by explicit terms they agree on.

yofazza
Community Member

Screen Shot 2020-12-04 at 10.15.52 AM.png

4cd1676c
Community Member

Thank you! My chief ask me to do it.
And how I can send it to the freelancers to sign it digitally through Upwork. Is it possible?

yofazza
Community Member

I don't think a `digital sign through Upwork` is possible.

 

But it's a binding agreement already. No freelancers can claim any rights on any work or product they done, after you made full payment. Based on those text, you can even say you created the product and the freelancer can't say anything.

re: "And how I can send it to the freelancers to sign it digitally through Upwork. Is it possible?"

 

No.

melroen
Community Member

Once you've created your NDA document for a freelancer to sign, I would think you can upload a copy for signature through Upwork's message system for his electronic signature. Make sure you sign and date it first. Then the freelancer can open in an app like DocuHub, sign and date it electronically. Adobe Pro also offers this service

 

I've used this method of signing a legal document with an electronic signature numerous times in various other legal situations and even with a California state agency.

 

Though I've never signed an NDA for an Upwork job as it's part of the agreement in the existing Upwork contract that client owns IP rights to the contracted work (with listed exceptions) if client pays in full.

 

I am not an attorney, so I am only speaking from personal experience.

 

And no, I don't know where you can find an NDA, but as many here have mentioned you can find a template to customize online. Just google NDA template and dwonload a copy.

Best of Luck!

4cd1676c
Community Member

Thank you all! ๐Ÿ˜‡

Latest Articles
Upcoming Events
Learning Paths