Who owns the copyright of the unpaid work?

[bushra_a]

So I just ended the contract with a client who has no idea what a  JPEG file is. I spent hours explaining how to download the files I sent her from Upwork Inbox.  She keeps complaining that she can not download the files and somehow it's my fault.

I ended the contract. I have made a full refund. Now can I post the designs on my Upwork portfolio? Do I own the copyright of the designs I created? Please let me know.

[prestonhunter]

Unpaid work belongs to the freelancer who created the work.

[kfarnell]

You own the copyright and so can do what you like with the file UNLESS your design was based on something supplied by your client.  So if (for example) your client supplied a sketch or a partially completed design for you to work from, you would not own the full copyright.

If you produced the entire thing from scratch, it's yours.

(The above assumes no NDA was in place which could be contravened.)

[bushra_a]

---

Kim F wrote:

You own the copyright and so can do what you like with the file UNLESS your design was based on something supplied by your client.  So if (for example) your client supplied a sketch or a partially completed design for you to work from, you would not own the full copyright.

If you produced the entire thing from scratch, it's yours.

(The above assumes no NDA was in place which could be contravened.)

Hi Kim,

No NDA was in place and I created the  design from scratch.

---

[kfarnell]

---

Bushra A wrote:

---

Hi Kim,

No NDA was in place and I created the  design from scratch.

---

---

Fair enough.  It's all yours then.

I commented because these questions often arise when a client isn't happy and a simple assumption of 'not paid - belongs to me' could lead to bother. Copyright is more nuanced than that and unhappy clients (justified or not) are the sort of people who might challenge that assumption. Though in real life, they might not be able to do much, that 'not much' could eat a lot of your time and energy.

[prestonhunter]

re: "She keeps complaining that she can not download the files and somehow it's my fault."

Upwork actively alters files of many types, including jpeg files.

You would benefit from using OTHER methods to deliver files. FTP. Dropbox. WeTransfer. Etc.

[bushra_a]

---

Preston H wrote:

re: "She keeps complaining that she can not download the files and somehow it's my fault."

Upwork actively alters files of many types, including jpeg files.

You would benefit from using OTHER methods to deliver files. FTP. Dropbox. WeTransfer. Etc.

Hi Preston,

I sent her dropbox links but unfortuantely she didn't even bother checking it. I think if only she scrolled up and view the conversation history on Upwork she'd be able to see all the files I sent. I also told her about the 'files and links' on the chat window she didn't listen. I don't know what else I could do.

---