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What Happens When a Freelancer Does Work for a Client Without a Contract

blog.kunvay.com

1–10 of 74 posts

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#5
I outsource work on eLance, and this made me investigate. For anyone else wondering, eLance's terms state that any IP for a project belongs to the employer after payment is made:

https://www.elance.com/q/sites/default/files/page_pdf/legal/...

https://www.elance.com/q/blog/elance-protection-dead-bolting...

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#6
Recently, I've been using contracts that do not transfer copyright. We grant them unlimited license to our copyrighted content. We also signed an NDA, preventing us from relicensing the codebase to a competitor. We haven't done anything to take advantage of keeping the copyright yet, but I like keeping the rights for ourselves. I imagine of anything it would make it easy for is to open source code that doesn't tie in directly to the product.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#7
post #5

I outsource work on eLance, and this made me investigate. For anyone else wondering, eLance's terms state that any IP for a project belongs to the employer after payment is made: https://www.elance.com/q/sites/default/files/page_pdf/legal/... https://www.elance.com/q/blog/elance-protection-dead-bolting...

Just so you know, it's Elance – no weird Apple iSpelling. :)

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#8
post #5

I outsource work on eLance, and this made me investigate. For anyone else wondering, eLance's terms state that any IP for a project belongs to the employer after payment is made: https://www.elance.com/q/sites/default/files/page_pdf/legal/... https://www.elance.com/q/blog/elance-protection-dead-bolting...

This is definitely something that is important to be aware of and to have clarity on. Future investors and company buyers want proof you own the IP in your business if you're trying to sell it.

You should also check similar agreements on 99Designs, Freelancer.com, oDesk too to be sure you actually own what you buy.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#9
post #4

If you're a freelancer of any type, you should always work under a contract. This talk (about 40 minutes) sums up why: http://vimeo.com/22053820 .

I LOVE that video! He's right on point. Here's our take on the subject: http://kunvay.wistia.com/medias/4272c23ee2

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#10
For a Business:

* Its a Financial Risk in terms of Commitment to deliver for what is paid for.

You Don't know if the person is really spending the hours he spent.

There is nothing that can save your system, your business, because the business is your life, "Not Necessarily" his.

* Time and Commitment are absent in unwritten understandings.

For a Contractor/Freelancer:

* Its a Financial Risk with respect to the commitment to be paid for deliverable.

* You get only the advance, no matter how complicated the solution you have provided.

* Requirements may change any time, you don't know what you are working and there is no line between success and a failure.

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