If I offer to sell a buyer commercial rights for a request and the customer declines can I reuse the work? Say for example if it’s an instrumental I made?
According to Fiverr’s rules, whatever you deliver to complete an order, becomes the property of the buyer who hired you to create it – UNLESS you specifically state otherwise in your gig description.
So the buyer in this case is only allowed to use it privately, right?
Correct. The buyer owns the work, and can do whatever they want with it. However, if you offer a commercial rights element to your service, and the buyer chooses not to include that within their order, then they cannot sell/re-sell the work you provide. So yes, non-profit use only. You loose all rights to the work, unless you state specific alternate terms in your gig description.
So, with this particular older, you lose all rights to use it yourself, because you did not state terms in your gig details before the order was placed.
I think you’ve misunderstood.
He’s asking if can use the same delivery for multiple people if the original buyer didn’t accept commercial use. You can’t and that’s not what commercial use means.
Commercial use means use for a profit. It doesn’t mean protection from the seller selling it to multiple people because commission by default means they aren’t allowed to do that. This is freelancing, not third party product resale.
It is never okay for a seller to sell the same delivery to multiple people unless the buyer has ordered a template and you’re customizing it.
Also, when someone commissions you to do something, they’re giving your ideas. It’s not appropriate to use those ideas for other people and of you’re doing thst you’re not doing to the new buyer’s specifications. You’re just repurposing another client’s ideas and passing them off as your own.
@clintd7 How would you feel if you bought a delivery and then saw other people publishing the same thing? You wouldn’t like it.
The absence of commercial use doesn’t mean that you the seller can resell this as a product to third parties. A commission means created for the buyer’s specifications. Its absence doesn’t mean you can resell it as a product to multiple people.
I have similar question. If a buyer has accepted to put the delivered project/video into my portfolio of the gig. Can I use the video to put it in my youtube channel as a portfolio, without any reselling purposes?
Thanks for responding. I clearly understand your explanation of commission and the purpose of commercial rights. However, in this instance how much of the buyers idea is it when I have all creative freedom to choose the melody and instruments in composing his background music for his app? If it was a case where the buyer hummed the melody and I was to reproduce it then I would understand to some extent it being his idea. I could also reason that it was my idea since I came up with the music. I’m not trying to be difficult. My aim is to know my rights and to update my gig description and or pricing so that future orders will be both fair to my buyers and myself.
Interesting question have you gotten the answer? I would like to know as well.
I think you can’t reuse the same thing. Though if you do modification/edit. Then may you can use them