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jefvandegraaf
Community Member

Legal Rights / Ghostwriting / NDA

 Hello Upwork Community, 


I have a question regarding Ghostwriting / NDA / Legal Protection when it comes to my writing. 

I have read the Terms and Conditions provided by Upwork, but I would still like to receive some clarity. Legal jargon and jargon for a commoner like me are completely different levels. 

So, I was writing for a client once and I realized that they way they wanted me to write, I did not approve of. There were some factual holes in it and I had requested to perform some truthful, background research to make the claims: 1. Stronger, 2. Factually true. 

The client denied and said, "insert short drama series here." 

Anyway, I have decided that I want to be able to protect myself from any legal retribution a client might receive when approving and publishing any writing they have purchased from me. I understand that whatever I write becomes their property the moment that sweet green goodness enters my account. 

However, what rights do I have regarding the protection of my personal identity? 

You could tell me, don't take the job if you don't like it. But, I like writing. So, I'll take on any writing job that challenges and pushes my abilities. 

Still, I'd like to create a distinct line between writing I personally publish and writing provided on behalf of my clients. 

Should I write an NDA? Does Upwork protect my personal identity in their terms? Etc. 


Would love to know what you think. Thanks, everyone. 


-Jef


ACCEPTED SOLUTION

re: "However, what rights do I have regarding the protection of my personal identity?"

 

Upwork's default contract between freelancer and client stipulates no such rights.

 

If this matters to you, then you'll need to make an agreement with the client beforehand.

 

This doesn't matter to everybody, but it DOES matter to many freelancer writers, and so they have standard agreements they stipulate before they agree to a contract...

View solution in original post

6 REPLIES 6
researchediting
Community Member

Hi Jef,

 

I appreciate your concerns, and I'm puzzled by your question.

 

Bylines are relatively rare in this market. Ask for credit, which you may or may not get, when you want it. Explicitly disallow credit when you don't want it.

 

Am I missing something?

 

Best,

Michael

re: "However, what rights do I have regarding the protection of my personal identity?"

 

Upwork's default contract between freelancer and client stipulates no such rights.

 

If this matters to you, then you'll need to make an agreement with the client beforehand.

 

This doesn't matter to everybody, but it DOES matter to many freelancer writers, and so they have standard agreements they stipulate before they agree to a contract...

I believe OP wants indemnification from any consequences (i.e. defamation, etc.) that might arise from the publication of his work. 

tlsanders
Community Member

Jef, your post addresses two different issues, although it seems that you may not see them as separate.

 

First is the issue of disclosing your identity. I have contracts with some clients that prohibit them from disclosing my authorship of the work. However, such provisions typically do not apply when legal issues arise, so hiding your identity in this way would likely not protect you from liability if there was a basis for liability.

 

The second issue is one of indemnification--of the client explicitly agreeing that any liability for misinformation falls on the client, and that the client will absorb your costs if such an issue arises. The second piece is important because the client agreeing to accept responsibility in no way impacts a third party's right to sue you, nor to win a judgment against you and collect on that judgment. The client has no power to alter someone else's legal rights.

 

Most clients, particularly low-paying clients, are likely to be unwilling to take on that responsibility. And, they may not have the resources to make good on it if they do.

 

The safest (and, FWIW, most ethical) course is simply not to create content you believe to be false, misleading, etc.

Thank you Tiffany. 

Definitely, it was the indemnification piece I am trying to grasp. 
I had a client where, the moment I questioned the ethics, I never heard from them again. 
Certainly, I try to avoid writing where writing can be construed in a harmful way, however, sometimes what may seem innocent in the beginning has repercussions upon publication. 

I appreciate your response and will develop some kind of contract that outlines my terms and conditions, which, if I understand correctly, can be laid on top of Upwork's?

May I ask how you go about this agreement? You merely get a statement shown on screen in a Upwork chat that states, "yes I Agree with your terms, let's move forward with the work!" 

Or do you have another means for tracking say, "electronic signatures." 


Jef, many of us use client/job specific contracts with which address far more than what the generic Upwork contract covers. Among other things, indemnification is covered; we sign them electronically. 

 

The core contracts we use have been legally vetted - best to do based on the laws of your country of residence and/or where you pay taxes.