I freshly joined the PeoplePerHour community. I am a freelancer illustrator, and it's the first time I start doing this job remotely. I have questions about copyright: How do you deal with that?
I found in the PeoplePerHour website, important information about that (see below), but I miss the practical part of that. So, after both the buyer and the freelancer have signed the contract, how do you certify it? Do I need to go to a notary?
How do you guarantee the ownership of your work?
Here below, you will find the information I found in the Terms and Conditions section:
3.5 The heavy but important bits:
The Buyer and Freelancer decide on the type of project, Hourly, custom or fixed price. They determine the terms and conditions of “projects” , including deliverables, any specific requirements, and for “projects” the price, directly between them. The Buyer and Freelancer create a direct service contract between themselves and PPH are not party to that contract ('the Service Contract').
Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the Freelancer. If the Buyer and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Freelancer should negotiate and document these terms in the project WorkStream.
Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Freelancer thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world:
- the entire copyright and all other rights in the nature of copyright subsisting in the project
- any database right subsisting in the project and
- all other rights in the project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the project may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world,
in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.
You promise that:
- you are able to pay for the services if you are a Buyer and perform the services if you are a Freelancer;
- you are not in breach of any applicable laws, rules or regulations or obligations to any other person;
- you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;
- you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services PPH provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.
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