The client is using my unpaid work in another job offer!

[26c42a95]

I was asked to animate a logotype, and provide an example of my animation of the given set of the logo. This is a normal practice, before the client hires the person for the final version. 

After I showed one of the examples, the client stopped responding to my messages! Not just that, but the client closed the job offer and posted another job asking to create a sound for the work I own the rights to! On the same UpWork website! 

This is ridiculous, and I am asking the support of UpWork to do something with this situation. 

This is not just illegal, but extremely unethical to any freelancer using this platform.

Thank you. 

[prestonhunter]

I am sorry that you are disappointed by what happened.

You used Upwork incorrectly.

Upwork will not support you in this matter.

You may ask us here in this thread for advice. We can help you understand what mistakes you made, and what you should do different in the future.

But you can't ask Upwork to help you get money or go after this client and expect them to help.

re: "This is a normal practice, before the client hires the person for the final version."

It is not Upwork's intention that freelancers work for free.

It is not Upwork's intention that freelancers work without a contract.

[26c42a95]

The supposed client is currently using my copyrighted work as a job offer. 

Does UpWork support the violation of the copyright law within its platform, especially when there is a proof of the copyright, again wihtin that platform?

I am not asking for a refund. I am not asking for the compenation. 
I am asking to protect my intellectual property and forbid this client to use mechanisms of obvious fraud within UpWork

[prestonhunter]

If you see your intellectual property used on an external website, you can pursue this with DMCA more easily than you can pursue this directly with Upwork.

But keep in mind that I don't speak for Upwork.

If they help you out, that's great. I personally prefer to rely on myself and what I can do without needing to wait on Customer Support.

re: "I am asking to protect my intellectual property and forbid this client to use mechanisms of obvious fraud within UpWork"

I understand where you're coming from with this. But it is important to keep in mind the fact that Upwork is not an intellectual property protection organization. Upwork is a website that allows clients to find, hire and pay freelancers.  When you step outside of that area of specialization that Upwork focuses on, you may be disappointed by the speed and efficiency with which such tangential non-core matters are handled.

You should also realize that although you believe strongly that your intellectual property is being used in a way that constitutes a copyright violation, the client whose company name and logo you used to a create an animated logotype may not agree with your assessment. That company may even have a registered trademark protecting their use of the company's name and/or logo.

I don't work for or speak for Upwork. I don't have any special knowledge about what their precise policies are in a mattter like this. But if I imagine myself in their position, I would express my moral support, but tell a freelancer in your position that there is nothing we can do.

[feed_my_eyes]

Preston is only giving you his own opinion on this matter, which has nothing to do with Upwork's official policies and procedures. Yes, you should check the client's website and/or social media to see whether he is using your work, and file a DMCA takedown notice for that, but the client should also be reported to Upwork, since he's probably asking for free work in his new project posting as well. If the client actually said "send me a free sample" in the messages, flag it as inappropriate, because it's against Upwork's terms of service for clients to ask for free work. Also flag the new project as inappropriate, with a brief explanation of what happened to you; Upwork can check the messages between the client and any freelancers who are being interviewed for that project.

Lastly, you should be aware that you're contributing to the problem of clients asking for free work if you think that it's "a normal practice". Clients get away with free work because freelancers like you willingly provide it. If a client needs to see your work, tell them to look at your portfolio - that's the whole point of having one!

[renata101 · Accepted solution]

Hi Gabriel,

I don't work in this area, so I don't have a clear idea of how things work. I know Upwork has reporting procedures for infringement.  You can find them here:

https://www.upwork.com/legal#prirp

Maybe one of the moderators can refer you to someone who deals with this at Upwork. Also, a few of the other freelancers who post on the forum have gone through this process. It's possible one of them may be able to tell you about it.

[NikolaS]

Hi Gabriel,

I see Renata and Christine have already shared the process to report such situations. Please go ahead and submit the information related to your report using that link. I'll also give the team that addresses these reports a heads up and share the information you've provided here.