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r2streu
Community Member

Upwork Terms of Service regarding use of media and likeness

Due to some pretty awful violations on some other sites in regards to new TOS, I've been encouraged to look at Upwork's as well. Specifically, 14.2 in the Terms of Use. 
As a professional actor who, 1, is PAYING for use of your site in multiple ways (let's be real, you guys double-dip like crazy; I only let it go because I choose whether to pay for Premium) and, 2, is typically PAID for use of my voice, likeness, and content, I have a pretty serious objection to the following:

"

By posting content on the site, you give other people some rights to that content.
Whenever you post content on our site, you give us and our affiliates a permanent right (called an ‘irrevocable and non-exclusive worldwide license’) to use, edit and share that content – across the world and without paying royalties. If your name, voice and image appear in content you post, we also might use those on the site or in our day-to-day business. For example, if you’re a freelancer, we might share your profile with clients we think could be a good match.
You also give each user and site visitor the right to access and use your content through the site. They also have the right to use, copy and share your content – as long as they do it through the site, and follow both our Terms of Service and the law.
We might show ads near your content and information, without compensating you. Depending on choices you make in your profile, we might also include your name or photo when promoting one of our features"

We're freelancers, and you're a big company. We pay you for a service. Exploiting US to further your profits without due compensation (and to tuck the fact neatly into your lengthy TOS) is frankly predatory. Plus, the age of AI, giving you blanket access to my content, likeness, voice, etc, without assurances that it WON'T be used to train AI models is a non-starter. 

It's very likely I'll be leaving soon, and encouraging others to do the same. 
3 REPLIES 3
spectralua
Community Member

It's good that you emphasized this. I didn't pay much attention to this section before but with your explanation I can see the importance of this part. Thanks for sharing.

celgins
Community Member

Yes--this is a huge issue for many freelancers. I know of a few freelancers who departed over the past year due to section 1.4.2 of the Terms of Service.

 

I've known about this ToS section for a while and it's the main reason why I include nothing of real value in my profile. The graphics in my portfolio and the information and data throughout my profile were created specifically for my Upwork profile because I know users steal, and Upwork gives itself permission to share.

r2streu
Community Member

As bad as it is for me it's worse for graphics creators. 

 

I strongly recommend any artists who stick around watermark the crap out of their portfolio pieces

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