Are commercial rights necessary?


#1

I am creating a video for my gig and have recently purchased a short voice over gig for $5.

I have just been contacted back by the seller, telling me that commercial rights will be necessary for this order which is an additional $20 (400% greater than the amount I intended to spend - ie. the initial $5).

Are commercial rights really necessary in this instance? Let me know what your thoughts are.


#2

From the info in the ToS, it would seem so, unless anybody knows anything different?

Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.


#3

You use the voice over for your gig endorsement video, therefore it is commercial use and you need the license.


#4

If you are using it commercially, then yes.If you just placed the order then you should have added it. if you got a custom offer and the seller did not suggest or add it, then that is partially on them.


#5

@newsmike Do some buyers claim they are just going to listen to your voice at home, for personal reasons?


#6

I have done some very touching eulogies, a few marriage proposal things, and a few student projects, so yes sometimes. Hardest thing I ever had to do was a poem from a family, to a baby that died of SIDS that was played at the funeral. You can tell from the content right away if it needs rights.


#7

I have heard that the whole commercial rights package is a scam because once you’ve received your project, it is legally yours. Apparently the TOS is very vague on these things because once something has been given to you, surely it becomes your property? I’m probably mistaken on this, but it does seem a bit questionable that if I didn’t purchase commercial rights then the voice over still, in essence, belongs to the voice actor - not me.


#8

So if you buy a copy of a movie on Blue Ray, do you have the right to exhibit for $$, or to make copies and sell them?. Please don’t throw around words like scam when you know nothing about this issue because it misinforms other who may read this.


#9

I admitted to begin with that I know nothing about the issue. I’m not trying to deceive anyone or suggest that I know about this issue - that’s why I’m asking you about it.

I very clearly stated that “I’m probably mistaken on this” so I’m sure that people won’t be misinformed by what I’ve said and instead informed by the responses to my original post.


#10

I understand, I guess we are a little sensitive about words like scam when it is such a standard issue. If you got that custom offer, the seller should have told you in advance about the extra charge.


#11

But this is our own project, not one we copied. But it’s like if you hire someone to model your clothing line and then pay her to sign an agreement you can use her photo in print ads.


#12

Exactly, the fact that you took the photos is one part, the other is contractually allowing usages. That is always spelled out in the contract as to what usage is allowed, what’s prohibited and how much the licensing is. Photography is really interesting, once the shutter clicks, the photographer owns the copyright completely. That’s why they can sell one print at a time, and if you want to use the photo in any way, you have to negotiate for each usage.