raffaelpp4c
Member

Intellectual property

I would like to raise an issue about terms and conditions on intellectual property.

at present the T&C's state that all IP is bestowed on the client. This needs to be subject to agreement between the 2 parties. The only time IP is assumed to pass to another party is when an employee is working for an employer, and then only when the IP relates directly to the employee's occupation. In all other circumstances, the IP is assumed to belong to the Author or inventor. It is absurd to assume IP which is potentially worth millions is automatically past to the client. This will restrict the work I can accept thru this platform in the future. So far my earnings are approaching $100,000 on this platform which means your cut has been substantial. I will need to be careful in the type of work I accept in the future and ensure I only accept work that involves IP thru alternative platforms.

1 REPLY 1
petra_r
Member


Gerry O wrote:

I would like to raise an issue about terms and conditions on intellectual property.

at present the T&C's state that all IP is bestowed on the client.


 

Only in the absence of an agreement between you and your client to the contrary.

You are free to make any alternative agreement regarding IP you like with your clients. The "Optional Service Contract Terms" are valid when you and the client have not agreed on something else. That is what the word "optional" in Optional Service Contract Terms" means...

 

That ultimately means that you can suggest alternatives to your clients (obviously not all of them will agree) and Upwork are fine with that.