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silw
Community Member

Transfer of copyrights on Upwork

In the creative field it's common to differ between copyrights and rights of use.

On a regular work relationship outside of upwork it's clarified within the contract if the copyrights are transfered to the client, or within which period, medium, extend he may use the given artwork.

 

Since Upwork contracts are fairly "special" and I am not having any real option to change them, I am wondering if I have overlooked that part and how I should handle future contracts.

Are the copyrights transfered automatically? If so, where is that mentioned?

 

Cheers.

 

 

5 REPLIES 5
nkocendova
Community Member

Hi Aron,

You can find detailed information about this here under section 6. Intellectual Property Rights.

~Nina
petra_r
Community Member


@Aron H wrote:

 

On a regular work relationship outside of upwork it's clarified within the contract if the copyrights are transfered to the client, or within which period, medium, extend he may use the given artwork.


 Ultimately, unless agree otherwise, upon payment any and all rights belong to the client.

 

silw
Community Member

There isn't any other option to "agree otherwise" than setting up a contract outside of upwork.

petra_r
Community Member


@Aron H wrote:

There isn't any other option to "agree otherwise" than setting up a contract outside of upwork.


You can write up a contract and attach it to your messages, but as I said, Upwork is not interested in such agreements and won't enforce them or mediate them in any way.

 

9327d4db
Community Member

Regarding this, the copyright Officer (from the US library of congress) says that they need a document directly agreed by the hired asset. Of a verification on the gig page of the artist. If there is nothing on the actual gig page saying that the copyright transfer is happening then, the copyright office will reject your claim.
So now I requested an agreement to this from the artist, and I am not getting any till now. Its been 4 days I sent him an email and he is not answering. I sent a follow up email today. It does not matter what Upwork says. As you read, they say the agreement is (optional) and unfortunately not default. So it is a must to request the artist for a confirmation of transfer of the copyright. I will say, make him sign a copyright assignment contract every time otherwise, you wasted your money.
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