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The client forbids to show my work. He says that all rights to work now belong to him.

Active Member
Yaroslav B Member Since: Mar 20, 2016
1 of 9

Hello,

I have a problem with a former client. We closed the project.

Now. He threatens me and prohibits showing my work to others. We did not sign the NDA and did not agree on anything early.

Now I have problems on **Edited for Community Guidelines** and other sites due to the fact that the client filed requests for delete of my work.

The client claims that he has all the copyrights for my work. But this is not so.

How can I prove to him and others that I have all the rights to my work, and I can show it anywhere?

How can I prove to those like Dribbble that this is my job, and they have no reason to remove it for copyright infringement?

**Edited for Community Guidelines**

Community Guru
Vivek K Member Since: May 28, 2016
2 of 9

Unless you signed a separate agreement with the client, you agreed to default terms provided for agreement by upwork.

Those terms ensures  that your clients owns right to all work for which they paid you.

Your client has all the right for the work and if they do not want you to show it, you desist from doing so. Otherwise You are in violation of their rights..

Community Guru
Petra R Member Since: Aug 3, 2011
3 of 9

Yaroslav B wrote:

 

The client claims that he has all the copyrights for my work. But this is not so.


Yes, it is. Unless you have a contract that says otherwise, anything that was produced under an Upwork contract is subject to Upwork's default terms which state that the client owns any and all rights the second you are paid.

 


Yaroslav B wrote:

 

How can I prove to him and others that I have all the rights to my work, and I can show it anywhere?


You can't show it anywhere and it isn't yours. Provided you were paid, it's the client's.

 

Active Member
Yaroslav B Member Since: Mar 20, 2016
4 of 9

Petra R wrote:

Yaroslav B wrote:

 

The client claims that he has all the copyrights for my work. But this is not so.


Yes, it is. Unless you have a contract that says otherwise, anything that was produced under an Upwork contract is subject to Upwork's default terms which state that the client owns any and all rights the second you are paid.

 


Yaroslav B wrote:

 

How can I prove to him and others that I have all the rights to my work, and I can show it anywhere?


You can't show it anywhere and it isn't yours. Provided you were paid, it's the client's.

 


Where can I get acquainted with these rules?
I do not find it here https://www.upwork.com/legal#useragreement

Well, what should I show a new client then? Where do I get new works in the portfolio?

After all, there is a section in the profile for the job. Why there can attach pictures to projects? If Upwork took all my rights.

**Edited for Community Guidelines**

Community Guru
Christine A Member Since: May 4, 2016
BEST ANSWER
5 of 9

Yaroslav B wrote:

Well, what should I show a new client then? Where do I get new works in the portfolio?

After all, there is a section in the profile for the job. Why there can attach pictures to projects? If Upwork took all my rights.


Usually clients have no problem with you showing their work in your portfolio IF you ask nicely. But if they say no, then unfortunately the answer is no.

Active Member
Yaroslav B Member Since: Mar 20, 2016
6 of 9

Christine A wrote:

Yaroslav B wrote:

Well, what should I show a new client then? Where do I get new works in the portfolio?

After all, there is a section in the profile for the job. Why there can attach pictures to projects? If Upwork took all my rights.


Usually clients have no problem with you showing their work in your portfolio IF you ask nicely. But if they say no, then unfortunately the answer is no.



Ie you want to say that the majority on Upwork, simply violates the copyright rules?

Do you think many people know that they do not have rights to their work?

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 9

re: "You want to say that the majority on Upwork, simply violates the copyright rules? Do you think many people know that they do not have rights to their work?"

 

No, the majority of Upwork isn't violating copyright rules. They simply asked for permission to use the stuff that they are using.


This is not complicated.

 

Feel free to look at my portfolio. Everything in my portfolio is something that:

a) I own the copyright to the work

[or]

b) I do NOT own the copyright but I created the work and I received permission from the client/copyright holder to display the work in my portfolio

 

re: "After all, there is a section in the profile for the job. Why there can attach pictures to projects? If Upwork took all my rights."

 

Let me explain this:

 

When ANY freelancer adds an Upwork project to their portfolio, they can link that portfolio piece directly to the Upwork project. That provides even greater verification that they did it, and links to details about the project. Whenever they do this, Upwork AUTOMATICALLY ASKS THE CLIENT for permission on behalf of the freelancer to use that work. The portfolio piece can't be linked to the project and featured in the portfolio if the client denies permission.

 

Upwork isn't "taking all of your rights." Upwork even automates the process of asking for permission to use your Upwork-created work.

Community Guru
Petra R Member Since: Aug 3, 2011
8 of 9

Yaroslav B wrote:

 

Well, what should I show a new client then? Where do I get new works in the portfolio


You create some stuff you DO own the rights to... Or you ask clients first.

 

But first of all you need to remove your clients' property from everywhere you have used it (the stuff you did for ALL clients  via Upwork, who did not specifically give you permission to use any of it anywhere) and apologize to the client in question before this destroys your career.

 

Community Guru
Christine A Member Since: May 4, 2016
9 of 9

Yaroslav B wrote:

Hello,

I have a problem with a former client. We closed the project.

Now. He threatens me and prohibits showing my work to others. We did not sign the NDA and did not agree on anything early.

Now I have problems on dribbble.com and other sites due to the fact that the client filed requests for delete of my work.

The client claims that he has all the copyrights for my work. But this is not so.

How can I prove to him and others that I have all the rights to my work, and I can show it anywhere?

How can I prove to those like Dribbble that this is my job, and they have no reason to remove it for copyright infringement?


You are absolutely in the wrong - work that you do via Upwork belongs to the client and they have every right to tell you not to show it elsewhere. Copyright and signing an NDA are not the same thing anyway. I can't believe that you're arguing with this client and trying to post your design all over the place - I hope that you can afford a good lawyer.

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