![]() ![]() If the work is mine-illustrations, photography, and typeface-I can grant ownership. I don’t have a problem granting ownership when I can. I believe they are confusing “ownership” with “right to use.” I was surprised to learn that Upwork even addressed this matter in their TOS. I don't attach "strings" to my terms and conditions. And a moderator will have to answer this specifically, but I don't think any side agreement that overrules Upwork's terms of service is going to be binding on a client in any way - when you use this site, you agree to the ToS, period. I'm sure what Petra meant, and I agree, is that if you present every client with an additional agreement to the standard Upwork contract, they may find that off putting and prefer to work with freelancers who don't attach any strings. My terms and conditions are set up so that the client and myself have an understanding of the scope of the project and what we expect from each other. It's to prevent any misunderstanding down the road. I'm surprised that Petra said that I was putting myself at a "competetive disadvantage compared with other freelancers who do not impose conditions that differ from Upwork's." Last night I discovered that Upwork was assigning the client ownership. I always thought the same thing-the copyright belongs to the designer unless assigned to the client. Obviously you would want to make your retention of rights clear to prospective clients during negotiation some prospects may not find your terms B wrote: (If you do have your own standard contract, you might want to include a supersession clause in it chances are Upwork has one somewhere in their ToS, despite repeated assurances here by their agents that in instances like those we are discussing, our individual freelancer-client contracts hold sway.) ![]() Upwork has confirmed many times what you have been told here, that such retention of rights supersedes Upwork's default terms. If you wish to retain rights, you must specify them, as you say you already do. ![]() There's your "automatic," de facto work-for-hire. That is, our default contract with the client treats creative work done here as if it were work for hire. Upwork's default terms say the client owns copyright upon payment. OK, let's agree that work done for Upwork clients does not "automatically" belong to the client as "work made for hire." The work must be specially ordered or commissioned, a written agreement must be signed saying that it is a work made for hire, and the work must fall within one of the following nine categories. If your work doesn't meet all of the criteria, copyright will belong to you unless you assign it to your client. It can also refer to original work made by an independent contractor or a design firm, in which copyright ownership might automatically belong to the client, but only under certain limited conditions. This is also called “work made for hire.” It refers to original work made by an employee, in which copyright ownership automatically belongs to the employer. Here’s what the AIGA says about Work for hire. An instructional text (whether it is literary, pictorial or graphic).A compilation (a new arrangement of preexisting works, such as a database).A supplement prepared as an adjunct to a work created by another author (such as a foreword, an appendix or charts).A work that is part of a motion picture or other audiovisual work (such as a website or a multimedia project).A contribution to a collective work (such as a magazine, an anthology or an encyclopedia).The work must be specially ordered or commissioned, a written agreement must be signed saying that it is a work made for hire, and the work must fall within one of the following nine categories: ![]() Here’s what the AIGA says about Work for hire. How are typefaces and royalty-free images supposed to be addressed? I’m not trying to be difficult. ![]()
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