Reclaiming copyright

bpdjones · ‎01-01-2021

Hi everyone,

If I do work for hire then at a later stage the client and I both agree that the copyright will be handed back to me, is it enough to simply have a written confirmation in a message form them agreeing to it? Or would we need to have a contract?

Thanks,

Ben

prestonhunter · ‎01-01-2021

Benjamin:
You can pretty much do what you want.

If the client tells in a written message that the copyright belongs to you and never gives you any trouble over the matter, then you don't need anything else.

If the client tells you in a written message that the copyright belongs to you and then decides to give you a hard time about it later, then you will wish you had a more formal written contract.

If you have a formal written contract, that doesn't mean that it will be impossible for the client to give you a hard time about it in the future. But it makes it more likely that you would prevail if there was a conflict.

I think your post raises an interesting question, which is this: Why would you have interest in taking the copyright back for something you created on behalf of somebody else? Maybe you work in a different industry than I do. Personally, I can't imagine a scenario where I would want to do that.

gina-herrera · ‎01-01-2021

Preston H wrote:

I think your post raises an interesting question, which is this: Why would you have interest in taking the copyright back for something you created on behalf of somebody else? Maybe you work in a different industry than I do. Personally, I can't imagine a scenario where I would want to do that.

Retaining copyright means he will have control over how they use it, and can ask for more money if they want to use it in certain ways - ie, dispersing it to a certain number of individuals as opposed to having a global reach, if they want to make changes to his original work, etc.

I do the same for my clients (I'm a designer) - if they want working files and copyright, they have to ask for it because the added value of that is not built into my pricing (except for logos). Ideally in the future I'm going to have them sign a legally binding contract that prevents them from making changes to the files unless they buy out the copyright (think of people who take a nice logo I made and butcher it with the most minor of changes by picking a new font or something). Just haven't gotten around to that yet.

What I don't understand about this post is how the copyright is transferred to the client and then back - if they want the copyright, they should agree on that in the contract, pay the appropriate fees, and that is that, you can't take it back from them.

gina-herrera · ‎01-01-2021

If you have no contract, copyright legally actually defaults to the creator.
So it's in the client's best interest to obtain a contract that releases the copyright to them and spells out exactly how they are allowed to use it, reproduce it, edit it, etc, but if they don't, it shouldn't be any skin off your back.

petra_r · ‎01-01-2021

Gina H wrote:
If you have no contract, copyright legally actually defaults to the creator.

NOT on Upwork.

On Upwork you DO have a contract by default which is in the terms, and you are deemed to have adopted the optional service contract terms unless you have made an agreement to the contrary.

That gives the client all rights upon full payment.

Gina H wrote:
I do the same for my clients (I'm a designer) - if they want working files and copyright, they have to ask for it

No, they don't.

Your clients don't have to do a thing.

UNLESS you have an agreement with them saying anything to the contrary, your clients own the rights as soon as they have paid. Because those are the terms you agreed to when you started to use Upwork.

gina-herrera · ‎01-01-2021

Petra R wrote:
NOT on Upwork.
On Upwork you are deemed to have adopted the optional service contract terms unless you have made an agreement to the contrary.
That gives the client all rights upon full payment.

I better get on that contract thing ASAP then. Thank you for letting us know, I'm not sure how I missed that

petra_r · ‎01-01-2021

Gina H wrote:
I better get on that contract thing ASAP then. Thank you for letting us know, I'm not sure how I missed that

You will also find that you'll likely get significant pushback from established Upwork clients, who have gotten used to this being the case (they own the rights once payment has been made) for as long as they can think back.