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Not sure what your issue is,

m-gaspar
Active Member
Marisa Dunham G Member Since: Feb 23, 2014
1 of 2
I understand freelancers own property rights to works only until the client has paid. THe client then takes full ownership over the works produced. I have a pickle. I discussed copyright issues or atleast akwnoledgement to the work. Is this okay? The client agreed to certain terms as written in emails. HOwever i realize nothing in pen and paper. Later on at the end of the job she comes back claiming full rights - she has not paid yet. What is actually the legal issue here and can I move forward or not on cliaming rights/partial or getting awknowledgement as previous discussed and agreed upon with the client. Or must I just follow through and get it over with. I ended up having to put in work double what myself and the client originally agreed upon for price.
expuser
Active Member
Exp U Member Since: Oct 29, 2014
2 of 2
Not sure what your issue is, to be honest. The "who owns stuff" issue as described is oDesk's TOS; and not law. What the law is would depend upon the countries of residence of you and the client, plus the type of work. [quote]I have a pickle. I discussed copyright issues or atleast akwnoledgement to the work. Is this okay? The client agreed to certain terms as written in emails. HOwever i realize nothing in pen and paper.[/quote] You can negotiate whatever you like as part of a contract...the contract is whatever you and the client agree to between yourselves. It's not very clear what you mean though. [quote]Later on at the end of the job she comes back claiming full rights - she has not paid yet.[/quote] Personally I assign full rights to stuff upon full payment, despite not actually being able to give some rights away due to the law in Spain...not claiming the rights I legally can is the ethical way to do things. No cash; and the work remains my property. [quote]What is actually the legal issue here and can I move forward or not on cliaming rights/partial or getting awknowledgement as previous discussed and agreed upon with the client. Or must I just follow through and get it over with. I ended up having to put in work double what myself and the client originally agreed upon for price.[/quote] It's really not clear what your problem is. Was the increased workload due to dodgy estimating on your part, or Extra Missions from the client? Again, the contract is what you both agreed to at the beginning of the project. The second one of you does something that breaches that then you have no contract and can either renegotiate or walk away. I make a point of saying that Extra Missions are chargeable up-front: Scope creep can be a real contractor-killer. If, of course, you estimated the amount of work badly then it's entirely your problem and you should get the job done -however inconvenient it may be- and do better next time.
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