Commercial Use License question

[humblethunder]

Thank you to all for sharing their knowledge and opinions on the forum and I hope I’ve listed my question in the right category here.
I’ve read through the Terms of Service but still have a specific question. I have an upcoming music CD that needs artwork. I have no concerns about a seller using that artwork in their portfolio, or even using the work by itself (or within other artwork) for commercial profit if the opportunity arose for them. My biggest concern is if my CD (with the sellers artwork on it) sold 10,000 copies, would the seller then have a claim to a portion of those profits if I had never purchased a “Commercial Use License” with my original order? Secondly, can anyone tell me which paragraph in the “Terms of Service” speaks to my specific concern . . . ?

Thanks in advance for reply

[fidan06]

Hi,

If you haven’t purchased commercial use then a seller may have rights to rework again your Cd Cover. Anyway, I have the same case as I am a seller, and one buyer wanted one flyer the same as I did for one of my buyer, so when I asked Support of fiverr they told.me that IF the buyer has purchased commercial use, he have full rights of artwork so I explained this to my buyer and I did something else. I hope this is helpful for you.

[thecreativeguys]

Before placing your order make sure you have in “writing” that you have all the rights to your CD’s artwork.

It’s a fairly simple process and if you have it in writing no issues should arise.

[humblethunder]

Hi,

If you haven’t purchased commercial use then a seller may have rights to rework again your Cd Cover. Anyway, I have the same case as I am a seller, and one buyer wanted one flyer the same as I did for one of my buyer, so when I asked Support of fiverr they told.me that IF the buyer has purchased commercial use, he have full rights of artwork so I explained this to my buyer and I did something else. I hope this is helpful for you.

Thank you fidan06 - that gives me some understanding.

[humblethunder]

Before placing your order make sure you have in “writing” that you have all the rights to your CD’s artwork.

It’s a fairly simple process and if you have it in writing no issues should arise.

To thecreativeguys . . .Thank you – I do love “simple”

Is there a standard form (small contract) that Fiverr sellers and buyers use in order to get it in writing?

Who provides it?

[thecreativeguys]

To thecreativeguys . . .Thank you – I do love “simple”

Is there a standard form (small contract) that Fiverr sellers and buyers use in order to get it in writing?

Who provides it?

No. A message will do. I consider that documented. 🙂

[humblethunder]

No. A message will do. I consider that documented. 🙂

No. A message will do. I consider that documented. 🙂

So for example – I, the Buyer, message the Seller, in advance of placing the initial order, that I want to own all the rights to the artwork they will create. They acknowledge my message and I rest easy because I now own all rights. Then I place my order?

[thecreativeguys]

No. A message will do. I consider that documented. 🙂

So for example – I, the Buyer, message the Seller, in advance of placing the initial order, that I want to own all the rights to the artwork they will create. They acknowledge my message and I rest easy because I now own all rights. Then I place my order?

Yes.

However,

I can’t offer you advice as I’m not a legal entity however I’m suggesting that if you clearly explain that you would like to own the commercial rights to the artwork and the seller agrees that is documented through messaging.

[humblethunder]

Yes.

However,

I can’t offer you advice as I’m not a legal entity however I’m suggesting that if you clearly explain that you would like to own the commercial rights to the artwork and the seller agrees that is documented through messaging.

Yes.

However,

I can’t offer you advice as I’m not a legal entity

No, not legal advice, just your own experience. That’s how I’m taking this thread and I appreciate your input 🙂

I’m suggesting that if you clearly explain that you would like to own the commercial rights to the artwork and the seller agrees that is documented through messaging.

Great! One final question (hopefully) 🙂

How does purchasing a “Commercial Use License” through gig extras work alongside this simple messaging method of assuring you have full rights to the artwork? Do they achieve two different things?

[thecreativeguys]

Yes.

However,

I can’t offer you advice as I’m not a legal entity

No, not legal advice, just your own experience. That’s how I’m taking this thread and I appreciate your input 🙂

I’m suggesting that if you clearly explain that you would like to own the commercial rights to the artwork and the seller agrees that is documented through messaging.

Great! One final question (hopefully) 🙂

How does purchasing a “Commercial Use License” through gig extras work alongside this simple messaging method of assuring you have full rights to the artwork? Do they achieve two different things?

That’s the biggest question (brought up many times on the forums) which does not have a clear answer.

I’m unsure myself what the commercial license extra means in Fiverr’s terms because given the fact Fiverr is a “Freelance marketplace” it should be obvious that the artwork you purchase is yours.

In conclusion, I can not provide you with an answer to your question. If you really want an accurate answer contact support with your inquiry and let me know!

[humblethunder]

That’s the biggest question (brought up many times on the forums) which does not have a clear answer.

I’m unsure myself what the commercial license extra means in Fiverr’s terms because given the fact Fiverr is a “Freelance marketplace” it should be obvious that the artwork you purchase is yours.

In conclusion, I can not provide you with an answer to your question. If you really want an accurate answer contact support with your inquiry and let me know!

Alright - And thanks so much for responding clearly to my questions - I really appreciate it 🙂

I’ll direct support to this thread and let you know what they say . . .