Fiverr Forum

Bought a custom song for my YT/Twitch with commercial rights but

Hi!

I have commissioned someone to create an Intro and an Outro background music for me with Commercial Use and Full Rights/license! (it was written on their profile too (Q&A) ) I still need to create content to use them for my videos but I am starting to stream on Twitch and I use one of them as background music on my ‘‘Starting Soon’’ Overlay.

I found a really interesting girl I’ve recently followed and when I came to her stream — I was shocked to find out someone on Twitch is using my song for their background music.

I tried to contact the seller but still no response…

What are the actions I should take?

Any help would be appreciated!

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He gave you licensed music from some platform like artilst or something :wink:

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I don’t understand what the problem is. I work with music licensing, and unless you have an Exclusive License then anyone else can have music licensed to them. Would you like to share with us the terms of the license?

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Sure! Here:

I even checked Fiverr’s TOS of Commercial Use.

Commercial use on Fiverr

He gave you licensed music from some platform like artilst or something :wink:

I don’t know… maybe.

Okay, I’ve took a look.

Exclusive Rights mean that you have the full, commercial rights which can’t be resold or transferred. And, only you can use the song, as it is exclusive to you.

Commercial Rights mean that you have full rights and are allowed to make money from it, however other people can also use it, assuming they too have Commercial Rights, as the rights aren’t exclusive to you.

However, in Fiverr’s Commercial Use license details that you attached, it is slightly vague what they mean, and could easily be misinterpreted.

It does say that:

This could be interpreted in one of two ways.

It could mean, you get Exclusive Rights, which means you and you alone can use the music.
Or, that the license is exclusive, and can’t be found anywhere else.

Personally, I believe that you have Exclusive Rights to the music, and you would be able to take down the other person who used it. Good luck.

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@jake_hopkins just pointed out the core of the problem, the two ways you can interpret the “exclusive” part of the license as it is being written on the fiverr website and ToS. I

@merrychoko The best would be for you to copy paste his answer, contact customer support and see what will they tell you, if you have the exclusive right for using the song you bought or the seller can simply sell the commercial use license for this song to another person as well.

Me personally i believe as well that you have the exclusive right for that particular production of that song, but as you can see it is not that simple.

Please keep us updated what will CS say on this matter

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Got it. I even asked some people about this issue and they say it’s complicated but normally if you buy a commission with Commercial Use they should have at least given more description of what type or if it’s exclusively for one person only.
The Fiverr TOS confuses me and many people have complained about the vague way they wrote about it.
I’ve contacted the support center about this issue and we are talking about how to go forward!

Thank you for your help though, I really appreciate it!

Thank you for your answer!

I am in contact with the support service on Fiverr now - we are looking at the problem right now. I’ll see what could be done! hope it will be solved…