Illustration Creation - Copyright and Media Releases

[bbf55dc3]

If a client (company) hires and pays an illustrator on upwork to create an illustration to be used for  advertising purposes by the company for marketing and branding purposes...  How can you be sure that the image will not be given to other people or companies to use in the same manner by the illustrator.  Who actually owns the rights to the illustration?  How can the client be sure to not run into licensing violations for an image they hired someone to create through Upwork.  Down the line, how can the client/company prove they paid to have the image creatred and have the right to use it if there is nothing in writing?  Are  there forms that other clients on upwork have freelancers sign.  Obviously logos can be copyrighted... what about the rights to an illustration?  Is it blacn and white are are there grey areas here.  Please advise.  

[bbf55dc3]

I discovered the answer I believe, in the terms and agreements section of Upwork:  

OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY

Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

[prestonhunter]

If a client on Upwork hires me to create an illustration, then I create it and give it to the client.

The client owns it completely. So these questions about protecting it, etc. are questions for the client.

If you want to make OTHER arrangements, you may do so.

But by default, all work done for clients on Upwork is work-for-hire and all intellectual property rights belong to the client who paid for it.

It's really very simple.

[pardue_steve]

What if a client hires you to illustrate a book?

Can you say the client owns the illustrations but I want a credit in the book that says illustrations by  . . .??

I think if I illustrate a childrens book I should be able to request that my name be listed as the illustrator.

[prestonhunter]

re: "What if a client hires you to illustrate a book? Can you say the client owns the illustrations but I want a credit in the book that says illustrations by...?? I think if I illustrate a childrens book I should be able to request that my name be listed as the illustrator."

This is totally up to you and the client.

This doesn't have anything to do with Upwork or its rules.

If you a client hires you to illustrate a book, you can ask if you'll receive an illustrator credit.

The client will say yes or now. You can negotiate on this point.

If the client doesn't want to give you such a credit (which is weird, but it could happen), then you can decide to either not do the project or accept the client's conditions.

But a client is not obligated to give you such a credit. So you'll definitely want to address this point before you do a job if this is important to you.

[lomen_jan]

Preston,

I have seen a fair share of the jobs here for illustrations where job poster states that he/she will own all the rights. I feel that clients could say that they are art directors of the said works, but claiming execution is just bad practice that has to stopped or just needs to be paid more. Illustrations are specific type of creative work, tough to make changes and to be honest, most of the time clients want them portfolio material worthy. I think that every artist can claim bragging rights. After all, they are true, and client can do with them whatever they want (sadly they do), but at the end of the day they are not the one who picked up the pen to draw it. 

When I get "creative" with pizza toppings in pizzeria - still someone else does me a pizza. Do I own pizza? Yes. Did I made orders (art direction)? Yes. Do I own a claim that I executed the work? No. Fair. Client can discuss with me if they want illustration to be featured in my portfolio - we can wait till launch, but honestly - if they claim that they did illustration - that is something to be paid extra. And I mean at least double the price. 

EDIT:

Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Ownership, intellectual property =/= work execution.  Every artist can claim their work done for someone. If client claims that they are illustrators, we had to know that before, so we can charge that transfer accordingly.