UpWork: Why You Must Avoid UpWork — An Expensive, Time Wasting Experience, Including “Losing” Copyright To My Own Work.

They requested I pay towards a $870 fee to get back a $250 deposit after work not completed — then UpWork gives my funds to the freelancer ... and gives her the copyright to my work!

This is a warning to all of you looking to outsource work.

There are lots of reports of freelancers scamming — but I’ve discovered an emerging new trend — scamming by UpWork, who supply the freelancers (for an astonishing 20% fee).

Here’s my story.

I have a new book out.

I needed a female voiceover to produce it as an audiobook, one suitable for children.

The voiceover artiste needed to be good, and have experience of working with Audible (the audiobooks section of Amazon).

I found such a freelancer on UpWork.

I gave her the first 2 chapters to test audition, along with a deadline.

The auditions were perfect, the deadline agreed.

I gave UpWork the full $250 fee, which they hold until the work is completed.

Then the horrors began.

Long story, but here’s some of the “excuses” from the freelancer, all fully documented via the UpWork online messaging system:

“ if I’m honest which I like to be it totally slipped my mind….as I’ve been helping a friend with some personal arrangements which have taken a lot of emotional space…but I’ll get them over to u by midnight…the edits will be a bit rough but the voice quality will be perfect…and sound quality will be perfect too”

“I think I will also record another version of each as i’m listening back i can hear where i could tighten it all up a bit make flow a little better”

“I will do another version of each and tighten it all up”

“just listened back and some duplicates in (name removed), what I’m gonna do is amend all the audio I’ve done so far tidy them up and add opening and end credits and then send them across..”

“I’ve listened back…I’m just gonna re-record all that have pops”.

“I am going to get the rest edited later tomor night, as its fathers day here in the UK tmro ad we are talking my husband and out for dinner a how and then a little family party….”

“gonna finish up final edits tomorrow.”

“just re listened to (name removed) chanel….needs another edit”

“also (name removed) seems to be corrupt so I will look at that also”

“Ignore (name removed) also as I sent the unedited file over ..silly me”

“I will do an over pass through protools which will clear them up”

(you)) have no idea what a complete pain and how laborious and mind numbingly boring (this type of work) is to do”

“I see whats happened, settings had been changed for another job, without a settings lock, …so I will redo those now…”

After several weeks of these and more delays, with

more excuses,

incorrect volume settings,

pops and clicks on the recordings,

the deadline passed by 3 weeks, paragraphs missed

and so on, I cancelled the booking and asked for a refund.

UpWork replied that I couldn’t have my refund unless the freelancer agreed.

And, of course, she refused — why should she, she had nothing to lose!

UpWork replied to my further request for a refund in full, by return:

“when neither party is willing to negotiate we move the dispute to an independent arbitrator for a legally binding ruling. However, there is an arbitration fee of $875 which is split between the client, freelancer and Upwork at $291 each.”

Whoa!

Hang on!

I’ve given UpWork full payment against work which was not done, then they want me to pay a further $291 (on work costing $250, remember), to an independent arbitrator.

So, even if I won (which, clearly, with the full audit trail on UpWork I would have done), I’d still be $291 out of pocket!

Who’d pay $291 (in addition to the $250 already paid, remember!) to possibly get back the $250?

Now, you’d think that things couldn’t get worse.

But they did.

They informed the freelancer that she had full copyright to my work, as I’d “not paid”.

“All rights to any work produced by the freelancer during this contract will
remain with the freelancer.
The contract and dispute are now closed.

Regards,
Celeste
Upwork Dispute Team”

As a journalist who teaches copyright, I politely pointed out that this was incorrect.

Their reply read

“Because no funds were paid to the freelancer for this project, the rights to the work remain with the freelancer. If you want the work, you will need to discuss this with the freelancer and agree to fair compensation.”

I then asked a specific question:

“Can you confirm the following scenario is correct, please?

- I deposit funds with you based on a promise of work.

- Work is poor quality and is rejected.

- The correspondence threads, all fully visible to Upwork, show my ongoing dissatisfaction.

- You refuse to refund me.

The only circumstance in which I get a refund is to part pay towards $875 arbitration.”

They agreed that was correct.

Further, over a period of 5 weeks, I asked multiple times for a press or PR person to contact me to get an official response, so that I could publish this article to include any comments they wished to make.

Each time, they promised they would do this.

I’m still waiting ….

Update: 11th August:

UpWork’s Trust and Safety Team have contacted me.

They’re “considering removing me from UpWork” as this freelancer complained about me.

This has nothing to do with me publicising their horrifically abusive system, of course, I’m sure.

Ho hum.

And there’s me about to give them loads more work. Not.

2nd Update 11th August:

I’ve received a full refund of the $250.

Suggested Further Reading (and yes, I wish I’d checked these first!):

Fellow reporters wishing to contact me about this can email me at alun@alunhill.com

Alun Hill