My Client Stole My Drawing

[90165447]

My client was answering me too late. And then he said, "I'm not very active on Upwork, let's talk on Discord, but you submit your work on Upwork." Then I accepted and chatted on Discord. He asked for "trial drawings". I sent trial drawings saying it wouldn't tire me too much. To prove myself. He said I didn't like it, you were rejected. I respect that, but later learned that he used my drawings. Has anyone ever experienced something like this? How should I go about it? Or is there anything I can do?

[sjbercot]

Hi Kubra, you may want to read through the ToS before going further with Upwork because you're making a few mistakes that can create big problems for you. First, it's against the ToS to talk with clients outside Upwork before a contract is in place. So you should never talk with an Upwork client on another platform until they have opened a contract with you. One reason is because "clients" who want to take advantage of you often do so off-platform. Second, it's also against the rules for clients to ask you for free work, which includes trials or samples they can use. Some clients know this and some don't, so it's often up to you the freelancer to identify requests for free work and know how to respond to them. You can also report clients who ask for free work through the message room or the job posting. Finally, since they didn't pay for your drawing, you can try sending a DMCA takedown notice informing them they don't have the right to use your work. 

[petra_r]

You violated Upwork's terms of service by communicating with the client before being hired. Doing so puts you at risk of having your account suspended and being banned.

Don't do this in future.

You can flag the job post for asking for free work, and if the client is using your work anythere online you can issue a DMCA take-down notice.

[90165447]

Really? But I just came where he invited me. I hope my account won't be suspended. I'm very sorry to hear that right now. I won't do that in the future again.

[tlbp]

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Kubra G wrote:

Really? But I just came where he invited me. I hope my account won't be suspended. I'm very sorry to hear that right now. I won't do that in the future again.

---

Upwork places the responsibility on freelancers to know the rules of the platform. This places a burden on you, but it also protects you. If you were familiar with the 'no-contact off Upwork' and 'no free work' rules, you would have avoided this scammer's plot. 

You need to be very smart about who you choose to work with and how on Upwork. Don't trust clients to know or follow the rules. 

[prestonhunter]

Next time, don't work for free.

Don't work without a contract.

[PradeepH]

Hello Kubra,

Thank you for reporting this to us. Could you please click on my picture next to this post and send me a private message with more information along with the job post link and evidence showing work was submitted and used by client so I could forward this to the appropriate team to review and take action?

Thank you

Pradeep H

[90165447]

##- Hello, I have sent my appropriate description with the screenshots. But
I guess the last screenshot didn't fit because I can't see the screenshot_7
the message I sent you. Where and how can I send the screenshot_7 file to
you? Because the message I send is not editing. -##

[petra_r]

Kubra, other than slapping the client on the wrist for asking for free work there is nothing Upwork will do about it. If the client is using your work that hasn't been paid for, demand that they either pay or stop using it.

Kubra G wrote:

Really? But I just came where he invited me. I hope my account won't be suspended. I'm very sorry to hear that right now.

---

This might be a good time to read the terms of service.

[90165447]

Thank you for your answer. I hope my account won't be banned.

[prestonhunter]

re: "I hope my account won't be banned."

Your account is not going to get banned.

Participants in this thread have provided you with advice because we want to make sure you get paid for your work next time.

I don't think there is any danger to you that your account will be banned or sanctioned. Working without a contract is a mistake that we see happen many times with new freelancers. I have never heard of any of those freelancers getting penalized by Upwork for something like this.

[90165447]

Thank you so much Mr. Preston.

[petra_r]

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Preston H wrote:

Working without a contract is a mistake that we see happen many times with new freelancers. I have never heard of any of those freelancers getting penalized by Upwork for something like this.

---

No, because it isn't a violation of the terms of service. 

Talking to the client outside of Upwor before a contract is in place, however, is. You know that as well as I do, so please don't tell her that she wouldn't get suspended for it, because she absolutely could.

You just said there isn't "any danger" of her account being suspended for violating one of Upwork's strictest terms.... Whay would you say something like that?

[ravi_iitian]

Kubra,

You met the client through Upwork but he took you off the Upwork platform without giving you a contract in Upwork?

The problem is that you did not have a contract with the client.

And if you had gotten paid by the client outside the Upwork platform, that would have been a major problem because receiving payments from “clients” outside the Upwork could result in the permanent suspension of your account.

Once you have a contract with a client through Upwork, you can communicate with the client via email or other software such as Slack, but it is a good idea to keep as much of the communication as possible on Upwork. Once you are removed by the client from the Slack account, you will have no record of your communication with them.

Irrespective of how you communicate with you Upwork client (who has already awarded a job to you via Upwork), it is strictly against Upwork’s ToS to get paid outside the Upwork platform.

Let an Upwork moderator weigh in.

[petra_r]

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Ravindra B wrote:

it is strictly against Upwork’s ToS to get paid outside the Upwork platform.

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She wasn't paid outside Upwork. There was no mention of her being paid outside Upwork anywhere at all???

Where are you even getting that from?

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Ravindra B wrote:

Let an Upwork moderator weigh in.

---

Whatever for?

She now knows that there is not allowed to talk to clients outside Upwork before a contract is in place. She also now knows that working without a contract means she won't get paid.

A moderator has already become involved. What do you need a moderator to "weigh in" about? 

[ravi_iitian]

Petra, do read the posts.

[petra_r]

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Ravindra B wrote:

Petra, do read the posts.

---

I did. Did you?

Where is she mentioning getting paid outside Upwork?

(Little hint: absolutely nowhere at all.)

[tlbp]

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Kubra G wrote:

My client was answering me too late. And then he said, "I'm not very active on Upwork, let's talk on Discord, but you submit your work on Upwork." Then I accepted and chatted on Discord. He asked for "trial drawings". I sent trial drawings saying it wouldn't tire me too much. To prove myself. He said I didn't like it, you were rejected. I respect that, but later learned that he used my drawings. Has anyone ever experienced something like this? How should I go about it? Or is there anything I can do?

---

Lots of people have experienced something like this. Scammers prey on new freelancers and those who want to prove themselves. They have some common techniques that they use--you've encountered one. They take you off the platform to avoid getting caugth when they ask  you to do free work. Read through others' experiences and you'll get a better idea of what to avoid. 

Your art belongs to you. You can publish it online and use it as a work sample. If the scammer is publishing online, use the DMCA take down notice process to have it removed. 

[90165447]

Thank you so much.