Are messages on UpWork between me and my client a valid contract?

[Omri R]

Hi fellow freelancers!

I have been working on a project in which I wrote a few stories and poems to a non-local client. All of our communication was done through the UpWork messages console. How would you define your rights for the written content in a way that would provide exclusivity and publishing rights for the content, however making sure that the writer is still credited for the work? In case the client and I have agreed on the term when messaging on UpWork, should I use a separate contract?

What should I do, if I want to feature the texts on my blogs or online portfolio, or say, make a movie script out of them?

Thanks a lot for your help

[Remco V]

Yeah, the structure of the contract doesn't matter. So this, would be a contract too:

Client: I pay you $xxx for a design
Me: OK, sounds good.

Client: Brilliant

[Reinier B]

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@Omri R wrote:

Hi fellow freelancers!

I have been working on a project in which I wrote a few stories and poems to a non-local client. All of our communication was done through the UpWork messages console. How would you define your rights for the written content in a way that would provide exclusivity and publishing rights for the content, however making sure that the writer is still credited for the work? In case the client and I have agreed on the term when messaging on UpWork, should I use a separate contract?

What should I do, if I want to feature the texts on my blogs or online portfolio, or say, make a movie script out of them?

Thanks a lot for your help

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I take it that the client paid you for the stories and poems? If so, the client owns the copyright, but I suppose there is nothing to prevent you from negotiating your right to be identified as the author. However, why would the client (the owner of the copyright) allow this? 

Moreover, since the client owns the copyright and unless specific provision is made for you to retain movie rights, or the right to translate the work,or any other rights to the texts in a clearly defined and unambigiously worded contract, you will have to buy those rights from the client.