Commercial vs. copyright - book illustrations

[jmvb2020]

I am planning to publish a book with illustrations from fiverr.

Took this quote from an old thread that was never answered:

Now I am new here and I am confused about the rights for commercial use and publishing illustrations from this site. Could you please share your experience with me? Were you able to publish the illustrations bought here without any other payment than the one you made for the seller? Did you use the illustrator name on your book? I would so much appreciate your response, I researched the site for a long time and I still didn’t find a clear answer.

Thank you!

[mariashtelle1]

I am planning to publish a book with illustrations from fiverr.

Took this quote from an old thread that was never answered:

Now I am new here and I am confused about the rights for commercial use and publishing illustrations from this site. Could you please share your experience with me? Were you able to publish the illustrations bought here without any other payment than the one you made for the seller? Did you use the illustrator name on your book? I would so much appreciate your response, I researched the site for a long time and I still didn’t find a clear answer.

Thank you!

I researched the site for a long time and I still didn’t find a clear answer.

I’m sure it was explained before and your profile shows that you read only 2 topics 😉

Were you able to publish the illustrations bought here without any other payment than the one you made for the seller?

It depends on the conditions specified in the gig.

If your seller has commercial rights as an extra then you have to add It to your order to be able to use it commercially.

If your sellers doesn’t specify it in their gig then all rights automatically transferred to you as per fiverr TOS.

It’s always better to speak with a seller that you chose.

[ignareint]

Hello, I saw your reply on another old thread that you revived (please do not do this, necro-ing threads older than around a month is considered against forum etiquette everywhere).

Regarding your other question of “what is the cheapest I should be expected to pay for a children’s book illustrator?”, it depends on a lot of factors - mainly complexity of art (e.g. watercolor versus digital, textured versus non-textured, etc) and whether background is needed.

Generally, children’s book art should have minimal complexity in terms of characters and background since it is used mainly to teach a child a lesson (so writers usually want to ensure that the focus is more on the texts or the action of the characters and less on the complexity of the art itself).

As a benchmark, I used to offer children’s book art for about USD 10 per character, and this is considered an amateur price with very simple lineart and coloring style. I was also paid USD 60 per full-color illustration with story ghostwritten by me for commercial use (the business never took off though, but I did get paid).

You may get something cheaper due to the competition here - but I do hope you hire someone who charge a professional price for their trade. 😉

[imagination7413]

I found this a while ago. It has a section on ‘Contracts. ’How to work with an illustrator - Twine Blog

It’s best, however, to first revisit what the Fiverr Terms of Service say on the matter:

Quote

 

Fiverr ToS on User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Fiverr by our users (Buyers and Sellers) is User Generated Content. Fiverr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Fiverr is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Fiverr. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Fiverr ToS on Ownership

Ownership and limitations: When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. 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.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes.