Commercial Use!

[surajrenuka]

What if some one didn’t buy commercial use and use product for commercial purposes?

• Thoughts for future gigs! 🙂

[vickiespencer]

According to ToS the products we deliver to our clients are 100% theirs. Once we present it to them and they pay for it, we have no control over it. So commercial use is a moot point.

[uk1000]

According to ToS the products we deliver to our clients are 100% theirs. Once we present it to them and they pay for it, we have no control over it. So commercial use is a moot point.

It depends whether the gig has a “commercial use” option. If the gig doesn’t mention that to get commercial use it is extra, I think they get all the rights, including commercial rights (unless stated otherwise in the gig description), but if it does mention commercial use is extra, and the buyer doesn’t buy that, then they can’t use it commercially I think.

From the terms of service:

Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

https://www.fiverr.com/terms_of_service

Also, if they use it commercially and the gig has a “commercial use” extra and they didn’t pay for it, you could in theory report them.

[surajrenuka]

DO I have rights to use them as my public portfolio after delivering them ? I mean any portfolio of mine out of fiverr?

[uk1000]

DO I have rights to use them as my public portfolio after delivering them ? I mean any portfolio of mine out of fiverr?

If the buyer selects the option to allow their image/video to be used in the portfolio I’d think so as it was their decision whether to allow it. It doesn’t mean you can use it in another promotional video (eg. a gig info video) without their permission though.

eg. the buyer will have agreed to the terms of service, which includes the following:

Work Samples are added to a seller’s Live Portfolio on their Gig page if the buyer chooses to publish the Work Sample while providing a public feedback review.

So they have the option of whether to include it in the live portfolio.