who owns the IP / copyright for work freelancers?

[9f6eada0]

Spoke to lawyer, freelancers need to assign ownership of their work over to me as in UK this is not automatic

Do anyone know where in Upworks T&C is clearly states this is automatic when using their platform?

Thanks

[prestonhunter]

https://www.upwork.com/legal#optional-service-contract-terms

[feed_my_eyes]

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Preston H wrote:

https://www.upwork.com/legal#optional-service-contract-terms

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While the above is true, if you're worried, I think that it's more important to have the freelancer sign something to say that they've produced original work - as opposed to a design that they've stolen from the Internet or an article that's been plagarised - you can't own the intellectual property rights if that's the case, regardless of whether you paid in full or not.

Also, if a designer uses something like a stock photo, clipart or fonts in the work, you won't own the rights to things like that, either. Too many clients seem to think that if a designer uses a photo as part of a design, then they own the rights to the photo and can use it however they wish, but that isn't the case. (A lot of designers don't check the usage rights when purchasing artwork, either.)

[wlyonsatl]

And...

"Users have discretion whether to contract with each other and will negotiate and determine the specific terms of their Service Contracts with each other. The Optional Service Terms is a sample only, which may not be appropriate for all Service Contracts and which may be adjusted and added to as Users deem appropriate. Users choose whether to use the Optional Service Terms in whole or in part."

Plus, if a client has a conflict with a freelancer...

"14.2 CHOICE OF LAW
These Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Freelancer located within the United States will be governed by the law of the state in which such Freelancer resides."

I don't remember any provision in Upwork's various agreements, protocols, etc. that pre-empts a client and freelancer agreeing which countries or courts will hear cases if both client and freelancer agree to something other than Upwork's standard provisions, excluding certain elements such as how payment will be made between client and freelancer for work done, etc.

But, then, I am not a lawyer....and Upwork no doubt has plenty of them on staff and retainer.