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hassesimonsen
Community Member

They just uploaded my work without consent

Hi,
As one of my first projects on here I was asked to help write a test article for a client on here in order to win the job. I did and I can now see they have put it online without any credit, notice or anything. Are they legally allowed to do this? Hasse
11 REPLIES 11
petra_r
Community Member


Hasse S wrote:
Hi,
As one of my first projects on here I was asked to help write a test article for a client on here in order to win the job. I did and I can now see they have put it online without any credit, notice or anything. Are they legally allowed to do this? Hasse

Was that an article you wrote and then you were hired? If so, just play dumb and tell the client you are thrilled that they liked the test article enough to publish it, and you just wanted to remind them it's not yet paid.

 

If you do not have a contract with that client, they just collected free trial articles. Don't write free trial articles, those often never lead to an actual cotract

Thank you for the quick reply, Petra.

 

I did do it for free as a new freelancer my portfolio is rather empty. I will not do that again. However, are they allowed to publish it without creditting me or ask for my consent?

If you voluntarily agreed to give them work for free then they are allowed to publish it without crediting you

Thank you. That is good to know.

Hasse, the rule is that you are not supposed to work for free, on Upwork. I have to admit I've done so when the work would only take a few minutes, or when I first started here, and didn't know any better.

 

Otherwise, just flag the job and let Upwork deal with the client, particularly when they are asking for something they can use for free - don't be naive.

Thank you, Luca. I was under the impression that work as trials would be a good way to showcase yourself and then you would be creditted, if they were to publish your work. I am naive unfortunateyl, but thank you all for your advice. Lesson learned.


Hasse S wrote:

Thank you, Luca. I was under the impression that work as trials would be a good way to showcase yourself and then you would be creditted, if they were to publish your work. I am naive unfortunateyl, but thank you all for your advice. Lesson learned.


Anybody asking you to do free tests on Upwork wants you to work for them for free. There is no test and no real job here. It's all scammers. Never do any free test.

 

 

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"Where darkness shines like dazzling light"   —William Ashbless


Varun G wrote:

If you voluntarily agreed to give them work for free then they are allowed to publish it without crediting you



Wrong.

In line with Upwork ToS, the rights to a work transfer as soon as the client pays for it.

No pay, no rights.

That's how Upwork works.

 

Hasse as well as getting a DMCA on it, the other thing you can do is to use the piece as part of your portfolio. The client who uploaded it has no right to use it without your permission, and as he hasn't paid for it ,he does not have a proprietorial right to it. 

 

abinadab-agbo
Community Member


Hasse S wrote:
Hi,
As one of my first projects on here I was asked to help write a test article for a client on here in order to win the job. I did and I can now see they have put it online without any credit, notice or anything. Are they legally allowed to do this? Hasse


You can issue a Google DMCA takedown notice.

Tell your client that since they didn't pay, in line with Upwork ToS, the rights did not transfer.

Then issue the takedown notice if the client does not circle back with pay.

 

zackwrites
Community Member

Hello,

 

Never write anything for free. If a client asks you to write a free article, write it, but on websites where your personal information is not revealed. Medium is a good example - you can publish your articles there. This way, you are building a portfolio. But make sure that you do not have any personal information revealed. All you need is your name and a nice photo.

 

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