Fiverr Forum

Broadcasting Rights of a voice over


#1

Is there a way to demonstrate to a third party organization that I have bought the Broadcasting Rights of a voice over?
They want to know if the voice I have used in the videos doesnt have any copyright issues.
I have bought it but can I have a document or something to prove it to others?


#2

You would probably have to get that from the Seller. For future reference, there are different types of rights - purchase of a voice over (or anything else) does not automatically provide you with all rights in all cases.


#4

Fiverr’s ToS is confusing and contradictory when it comes to such things. They say in one hand that the rights of the product is transferred to the buyer once the transaction is complete - then they added on what is called Commercial Use License and now Broadcasting Rights in voice over category.

Unfortunately, you do not get anything in writing from the seller or Fiverr to indicate you have purchased it other than the fact you paid on the transaction page. The sellers on this platform has to rely on honesty of the buyers to purchase it if you intend to use it for such purpose and the seller has it activated. As of right now, not all sellers are charging for Commercial or Broadcast.

Realistically speaking, since most sellers are anonymous and many are in foreign countries, there is no written contract - which is what I have a feeling you are looking for right now.

Fiverr is not the place for written contracts. If you were sued, you would have no leg to stand on just as if you wanted to sue a seller, you can’t.


#5

Your commercial or broadcast rights is indicated on the order page. If you placed an order that includes those rights, this should show up on the order page, and that would indicate you have the rights to the voice over for said purpose.

You can refer to the order page, and this page, explaining the rights given to you by purchasing a commercial rights license.

https://support.fiverr.com/hc/en-us/articles/204791227

The broadcasting license is covered by the Fiverr TOS. You can read more about this here:

VO Commercial Use and Broadcast Release demystified

In short:

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels”.

I hope this helps! :slight_smile:


#7

I’m a VO Seller on Fiverr. I’m also considered the “producer” since I’m involved in all aspects of the finished recording (i.g. editing, mastering, etc.). Thus, I’m the sole owner of the finished product under the US Copyright Act.

You cannot resell my product unless I’ve signed, either of these two legally binding documents…

  1. Assignment of Ownership Agreement
  2. Work-for-Hire Contract

If I choose to allow you use of my work for generating a profit for your company only, and for the purpose you defined, and with limited public reach, I would supply you with a signed Commercial Use License. If you required large public reach (radio,TV) I would supply you with a Broadcast Release.

Now, Fiverr’s TOS states Basic Rights would be automatically given to Sellers. That’s the same as “implied rights” under US law. Basic Rights (or implied rights) are pretty much Buyers can use my work for their telephony system or PA announcements.

btw-Any Seller can bring civil suit against a Buyer who did not secure rights. And the award is either a percentage of the profits from the result of the artist’s work, or a financial settlement. Most companies settle out of court.


#8

“Basic Rights”, Fiverr’s terminology for what is legally referred to as “implied rights” and is the ONLY rights automatically transferred with a purchase. Implied rights mean just for your non-profit generating purposes. Say you bought artwork from a Seller. Basic Rights allows you to hang the artwork in you office. But if you use that artwork as your logo and you didn’t secure the rights to use it as such… you’re at risk of being sued.

btw- I give Buyers the option to purchase either Commercial Use License or Broadcast release. It’s a legally binding document, signed and dated by me.

I recommend that every Seller purchase the CUL, as the purchase itself proves their intent to secure the rights should the legality of a Seller’s document be challenged.


#9

Cool. Thanks for the clarification!

That’s, actually, the best explanation I’ve read. :slight_smile:


#10

Just like a tv ad!

A producer is hired to create the ad, but the content is owned by the Brand who paid. But, they also need permission for distribution.

Generally speaking, Copyright can not be ´´sold´´ or transferred (it is actually a human right) but you can grant permission to do X, as discussed. Meaning if you create something, you will always be the author.
But, if you create something by working for hire, automatically, both creator + contractor become owners of the content. That´s why we use permissions and contracts to state each other’s usage rights upon agreement.

back to the ad sample:
That´s why we see Ad to be shown on TV - America, and Europe only. Or only for Social Media (no tv or film) That´s why we see disclaimers such as ´´ ad made for X only´´
Actors sign a contract and charge per distribution. If you want to include another geographical target you need to pay the extras.


#11

You’re from Argentina and ownership must be different there than in the US.

In the US, 100% ownership remains with the artist unless 2 clearly defined conditions are met. Payment doesn’t give the “Brand” ownership automatically, instead they must legally prove they’ve secured it. Here are the 2 conditions for ownership transfer defined by the US Copyright Act.

1) Work for hire - There must be an employee contract in place. Sellers are not under the employ of Fiverr or Buyers. And because Fiverr automatically offers a CUL and BR as extras for VOs, it’s implied that Fiverr VO Sellers will retain ownership. Fiverr’s TOS mentions Work-for-Hire is the default contractual arrangement between Buyers and Sellers

2) Assignment - The artist assigns ownership to a company through a legally binding agreement that’s signed with the Seller’s legal name, and assigned to the Buyer’s legal name. Fiverr’s TOS does not meet the condition of a legally binding assignment between both parties, thus would not stand up in a US court. Nor does the mere fact that a Buyer paid for an order.

These two conditions apply to transfer of ownership only, and should not be confused with the transfer of rights for use.


#12

That´s right! I know it works differently everywhere!

Thanks for sharing how it works there!


#13

So what I ended up doing to resolve the issue was sending these documents to prove that I have bought the commercial rights.
1- the Invoice
2- screen shot from the order page in Fiverr
3- the e-mail I’d received from support team (it had a link to their terms os use)
3- the e-mail I’d received after placing the order.
The thing was that even in Invoice the commercial and broadcasting rights were just categorized as Extras. The only place where the Broadcast rights were mentioned in the order was the page that opens when I uploaded the requirements.
Considering what everyone shared about meaning of Copyright as defined by US law. I am dubious that I can defend myself in a court if the seller claimed his rights. All I and the people I work with did was trusting. I trusted the seller and my customers trusted me! Fiverr needs to figure out how to fix this issue. There should be a robust document that I can prove it, I don’t think a screenshot would be enough.


#14

Fiverr doesn’t need to “fix” anything. Nor did the VO Seller deceive you like you’ve implied. You simply did not understand Fiverr’s TOS when
you attempted to sell another Seller’s work. And after reading your post I would say you’re still confused how this works.

Please don’t be discouraged. You can continue reselling, you just need to learn how to do it properly and it’s really not that hard once you understand it.

If you message me I can offer you some suggestions! :grinning:


#15

You’re spot on with this breakdown. When I create custom songs I’m often asked for the copyright. In reality the client wants “commercial rights” to use the song. They have no business owning the publishing because:

  1. I wrote the composition
    and 2) They wouldn’t understand going through a publishing firm to register the song or pay for the associated fees.

I write for (and with) many artists across the country. It would be unheard of for them to ask me for my publishing and writer royalties. It’s common practice for writers to split publishing with record companies (and it’s a leverage tool for record companies to double dip) but owning recordings and owning creation rights are two separate things.


#31

In your voiceovers- is there a writer royalty involved? If you’re creating dialogue is that considered work contribution? If, in theory, you were to copyright your work as spoken word because you speculated that a podcast, or YouTube show would eventually become “for profit?” I’m curious as to the publishing divisions.


#32

When a Buyer gives me their script to record, I cannot resell the recording, nor can I grant use to others. When a Buyer orders my gig, they automatically receive “Basic Rights” as defined by Fiverr’s TOS (defined as Implied Rights by US law). That’s pretty much worthless. They would need to purchase additional rights to use. However, if I write the script myself, I can do what I please with the recording, barring any trademark infringements, like I mentioned their company name, or used their artwork.

If I bring someone else into the recording, like a podcast interview, it’s implied that they agreed to be a part of my broadcast once I announce them as an interviewee on my show. That’s why you’ll hear the host say, “I would like to thank, … for agreeing to be on my show” when prefacing an interview. When someone calls into a podcast it’s also implied.

The rule of thumb is to purchase the Commercial rights if you suspect a profit may be generated by it’s use. Much easier than purchasing later.

Did I answer your questions?


#33

I don’t think anyone has deceived me


#34

Consider this… most Fiverr VO Sellers offer video dubbing/syncing, just like you.


#35

How much does someone typically charge for those broadcast rights? I’m a new user - not sure what is realistic. Thanks!


#36

Hi there,
I don’t know when you will see this because I saw one of your posts saying you
were no longer coming to fiver but i hope that you see this. You seem so helpful.
I’m 27 years old, and I am starting a voice over career, something I’ve been wanting to do for about a year! In doing so, I’m extremely interested in the templates you use. I would really appreciate it. I’m just trying to
get my start, and would appreciate any help. I’m researching online for templates, but I thought with your expertise on the subject & that what you’re doing is the most thoroughly thought out…and I should follow your lead!
my name is mckenzie btw!