Use of a prospective clients raw text with my edit as example of my work.

[mengxun]

I recently applied for an editing job through Upwork. Though I was not hired. I am very proud of the quality of the sample edit I offered to the prospective client. Since I was not engaged and am not contracted to her/him, am I allowed to use their original and my edited version as an example of my work which can be shown to other prospective clients? Nothing in their original nor my edited version would identify the individual or her/his company.

[joansands]

Wendel - Were you paid for the sample edit?

[mengxun]

Thank you for your timely response.

The answer to your question is, "No." I should have clarified. I have had
not any contact with this prospect directly post failed proposal through
Upwork messages. I am very clear that the only money I am allowed to
receive from clients is through Upwork so there is no way I could or would
have received any payment from the prospect.

I am just starting to get active with Upwork so I am trying to be really
clear what still belongs to me - here the content of that proposal sample -
and what I just have to let go.

Bottom lIne, I was hoping I could add that to my Profile samples but was
not sure if and how I am allowed to do that.

Thanks again,

Wendel

[joansands]

Wendel - I hope you are aware that it is against Upwork's Terms of Service for a client to ask for free work. 

[prestonhunter]

Q. Can you use the data or files that a client or prospective client provided to you as a portfolio piece?
A. Yes, if the client gives you permission to do so.

Q. Can a freelancer post original raw text and the freelancer's edited version as a portfolio piece, if the freelancer was never officially hired to edit the work?
A. Yes, if the client gives the freelancer permission to do so.

Q. What if the client doesn't give explicit permission to me, either because I asked and they said no, or because I never asked?
A. Then no, you may not use their data or files in your portfolio? The freelancer can not post either the original raw text or the edited version as a portfolio piece.

Q. What if I did some programming or editing or formatting that utilizes their files and data, but I don't actually post their original files?
A. Then no, you may still not post something like that as a portfolio piece.

Q. What if I create programming or design that was inspired by a problem faced by the client, and I post that programming, or formatting or design, without using any of the client's files or data?
A. Yes, that would be fine. The work that you did belongs to you because you were never paid for it. The work also doesn't contain anything that the client owns.

Note that there is a very big difference between a client who hires you to do a job and then doesn't pay you, versus a client who never hired you at all, and you did work for their project anyway.

If a client never hired you, then the client doesn't owe you any money. The client has not done anything immoral. We should be very respectful of a prospective client's files and data. If a prospective client provided such in order to get a price estimate from us, then we don't want to violate that trust and post their data or files as if they are our own, even if we have modified them.

[tlbp]

No. The text is the client's intellectual property and you cannot publish it without their consent. Find something publicly available and edit it if you wish to show your skills.

[mengxun]

That is so clear. I will follow your advice. Thanks. Wendel

[martina_plaschka]

Your portfolio pieces don't have to come from upwork jobs, you can use any prior work that you did, own the rights to, and/or have permission to publish on the platform. 

[mengxun]

Thank you for the advice. I have things in my portfolio which I am using
but looking to expand it. Your comment was really helpful as a guardrail to
what I can use for this. Have a blessed day and be safe! Wendel