I’m wondering what restrictions and limitations, if any, apply to images, audio, video etc I order and pay for using Fiverr?
I understand after reading the TOS that the buyer receives full copyright, but am I limited as to how I use the work I receive?
For instance…I order a video of a woman talking about our products. I run the video on our website. I then rework the video to create a new, entirely different video. Maybe I combine video A with video B and C. Or, I photoshop a gig seller’s image and create a new image for my site.
What’s allowed, what’s not?
Two more notes, which usually don’t apply, but worth a mention in the rare cases that they matter.
- Sometimes a seller sells images or other content through Fiverr gigs for which they don’t actually OWN all rights, so even if they say you now have copyright, you really don’t. Example – if the seller used copyrighted or trademarked material (like Disney characters, commercial film clips, commercial background music, etc. etc.) then since they don’t really own that, so they can’t transfer permission just because they included the image in the work they “made” for you. They may not even KNOW they are breaking laws, but that would not excuse your use of that material.
- If you as “buyer” order a gig but you end up getting a refund through cancellation of the order, then since the seller did not get paid (in the end) then they did not transfer the rights to you. Even if you suggested the content and received several versions of the files, they don’t belong to you if you did not complete the transaction. Simple contract law – there must be “offer and acceptance” to make a valid contract, and without both sides getting what was agreed to you can’t use the product or service. (Theoretically, a seller might tell you to go ahead a use the material as a goodwill gesture after a cancellation, but they don’t have to and probably won’t.)