Jun 17, 2020 02:28:36 AM by Benedikt L
Hi,
I am the owner of an online agency and would like to hire a freelancer on Upwork to write texts for a client of mine. The question has now arisen as to who holds the copyright to these texts.
Can we then use the texts for all possible applications without any problems and is the copyright then with us or what does it look like?
Thanks for your help.
Jun 17, 2020 04:27:52 AM by Kim F
Unless you specifically agree otherwise, full copyright is yours once you've paid in full. If you choose to assign the copyright to your client, that's your business.
The copyright holder can do whatever they like with the text.
Jun 18, 2020 03:52:07 AM by Benedikt L
Thanks for your information. Is this written somewhere in the terms & conditions of upwork?
Kind regards,
Ben
Jun 18, 2020 04:12:55 AM by Kim F
Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered and paid for.
6:4: https://www.upwork.com/legal#optional-service-contract-terms
Apr 29, 2021 11:35:33 AM by Jeff M
Kim F wrote:Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered and paid for.
6:4: https://www.upwork.com/legal#optional-service-contract-terms
Thanks for sharing!!!