I’m an illustrator so once in a while buyers will pay extra for commercial licence. I have an online portfolio and I was wondering, can I put an illustration that the client paid for commercial licence on my website or does the client have all the rights for the illustration?
Technically, you can’t display them as samples in your online portfolio.
Fiverr’s guidelines on commercial use license:
“Unless clearly stated otherwise on the seller’s Gig page/description, all intellectual property rights of the purchased delivery are hereby assigned to you.”
ALL IP rights are transferred to the buyer once the transaction completes. Unless you make a note in your description saying you retain the right to showcase your work even with the commercial license purchased.
There is probably a difference in Commercial Use and Exclusive Commercial Use. I would have to hire an attorney? I would feel more comfortable making sure I had permission outside of Fiverr. Fiverr’s TOS may cover you for using it for promotion on Fiverr.
Do you mean your portfolio that is outside of Fiverr?
I do not think commercial license has anything to do with that, that is a business decision you must ask each client if you may use their work for advertising purposes of your services. Some will say yes, some will say no.
On the Fiverr gig you can choose to include it when you deliver the work but the buy has the option to uncheck it and say no. So it would be the same concept anywhere else, you should always get permission to use someone’s work for advertising.
Thank you for your answers people! I have put it in my description now
I would not do this unless you get the permission from your buyers. I had the same idea and contacted Fiverr about this. They clearly stated, according to the TOS the rights belong to the buyer. They strongly recommended to contact the buyers and ask them for permission to be able to display the work on my port folio. I ended up contacting some, and they were totally OK with it, only 2 clients said no.
My question might be entirely different but its somewhat needs clarity as well. What if a buyer ask me to do a project and it’s something that I create for them but then they cancel, do I have the right to use it in my portfolio?
Reply to @emblem1: Hmmmm, I do not think this is so good…you say:
“The copyright of the drawings will belong to me. This means you can use it only for personal use but if you’d like to use it commercially you can purchase commercial license.
The drawings will be displayed on my personal website unless you specifically ask me not to or if you buy commercial licence.”
As a buyer I would never buy from you, it is a turn off. Even in the real world if I buy commercial rights that does not give you the right to showcase my work on your website automatically you would still need to build that into a contract to h ave my permission to do this. Or do you mean that if I buy commercial rights then you will not display it? ANd be careful too because according to Fiverr Terms of Service once you turn over the work for a gig the copyright belongs to the buyer, not the seller.
Also, as a buyer I have no idea about your personal website because outside contact on Fiverr is not allowed, so I would not agree to something like that unless I can see it.
Reply to @julipalmer7: I think you can because if they cancel you own the rights. However, if it has to do with a buyers business name or personal photos of their family or something it would be better not to do it.