Fort Lauderdale, FL asked in Intellectual Property for Florida

Q: Do I need an additional consulting/IP agreement for work done by engineers on Upwork?


I'm starting a tech startup and using freelancers on Upwork. In the event of an acquisition or sale, I know acquiring companies sometimes want to see agreements for contractors. I'm wondering if Upwork's terms are sufficient or if I need a supplemental consultant/contractor agreement? Can someone advise?

Upwork terms ( deal with IP in this section: 6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY

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2 Lawyer Answers
Andrea Wheeler
Andrea Wheeler
  • Melbourne, FL
  • Licensed in Florida

A: I would want my own agreement with a contractor. You want to be sure you own the IP and that the contractor is not using someone else’s work. There are many considerations that need to be looked at with this type of arrangement. Just a brief look at that link, it looks like optional provisions and looks to be governed under Delaware law.

Marcos Garciaacosta agrees with this answer

A: Yes you should have contract with everyone, specially if they create things for you.

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