What? How is it a poor reflection for me to charge for something I made with software that I have to pay for? It absolutely is fine and isn't unethical or a bad reflection for the community. That makes no sense.
Actually, upworks doesn't care about that. They want the money too from you. As long as you include it in your fee and let the client know what's going on, it is 100% fine. Your intellectual property on upworks is YOURS until payment changes hands. Once that is done, the client owns what you have included for files in your final file delivery. Clients most always want the native file because they can edit it and use it, for example, to scale artwork larger or smaller without quality loss, or to get another designer to make changes for less even. You should let them know off the bat what you are including into the price. If you don't, it is your fault if the client gives you a bad rating. If they report you and you didn't have in your proposal that the native file is included and gave them a PDF, for example, that isn't editable but has the work in high quality for the hours you worked, I can't see how upworks can really make you hand it over.
To me it is just creating conflict if you don't let your client know exactly what they get at the end of the project though! I will let them know exactly what deliverables they will get from me when the project is complete and money changes hands. I will let them know if my native file cost extra or if a certain font will cost more. If they don't like that, I don't take on the project.
Here is a link just to show that people do actually charge sometimes. It is important to include any cost into your fee on upworks though prior to being hired so the client is aware and to let the client know what is included in your proposal so that when the IP is transfered you are covered for your work if it is in fact what you want to do.
https://graphicdesign.stackexchange.com/questions/8478/charging-an-intellectual-property-transfer-fe...
I personally don't charge very often for the native files unless it is very complex work, but the fact is you can if you feel it should be included in the price for the client. It is afterall your software you are using and also your creation with layers and ability to edit that file. Freelancers can charge what they need for the project, and just know if you don't tell them that you won't provide them with the native file that they may not understand this and be upset.
As for licensed fonts or any license for something you have purchased like photos, that is a whole different ball game. Just because you purchased it doesn't mean it is yours to sell or give to the client unless you turn it into vector art. Some may not even allow that which is why you need to read your font's license. This is why I inform the client when I am using a licensed font that it could be expensive, and I normally include more in my original fee if thhe font has to be purchased or client fronts the cost. I have never faced this problem much on upworks and if you aren't sure you should talk to upworks support to see if their user agreement accounts for this. I think this part may have something to do with it:
LICENSE TO OR WAIVER OF OTHER RIGHTS
If Freelancer has any right to the Work Product, including without limitation any Intellectual Property Right, that cannot be assigned to Client by Freelancer, Freelancer hereby automatically, upon Freelancer’s receipt of full payment from Client, unconditionally and irrevocably grants to Client during the term of such rights, an exclusive, even as to Freelancer, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If Freelancer has any rights to such Work Product that cannot be assigned or licensed, Freelancer hereby automatically, upon Freelancer’s receipt of payment from Client, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Client or related to Client’s customers, with respect to such rights, and will, at Client’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.
This is pretty complex and you need to be careful here with how you do things. Some fonts and other files don't give you these rights with a basic purchase. The most important thing is to ensure you communicate effectively with the client and if they need the font file, you should make sure the rights you have can allow it before using the font. You should read what rights you have yourself to the font.
In Laura's case it was hourly and she has been paid for the files she has given to the client thus far, and if she wants she can charge more since that file was NOT provided for the hours she did, then it is still her IP. However, if it wasn't discussed with the client what he would get from the proposal like the photoshop file and he was under the impression you would do it in PSD and that he wanted that file at the cost you created it for, I would recommend just letting him have the file to avoid issues. This is why I say it is very important to tell clients what they are getting from the beginning. Something like:
"I will give you the file in vector format (Illustrator original file, eps) so that you can resize to any scale without losing quality for other marketing materials, and I will give you the files in JPG, PNG, GIF, and if possible in other formats you may need in the size you require. If you need a different type of file, please let me know and I will try to accomadate if it is possible."
I add this for people and if I need to change it, I do. I think you actually can make a contract too that can supersede the Upworks one, but not sure on that. If that is possible, I would do that or at least discuss with the client prior to being hired. It probably will be harder to get hired with too many rules for the client and less deliverables on here, but if you have a complex project where a lot of art is used and you want sell the native file, I feel that is fine.
