Confused about Commercial Rights for VO

[krzysztofaudio]

I know it has been asked many times but I still haven’t found a satisfying answer.

I’m preparing a video project that has a few characters, so I need a VO actors. I’m not going to generate money from it since I don’t have rights to make money of it, but I’m going to use it in my portfolio to promote my services.

In that case, should I pay for commercial rights or not? My project will be available online but not on YouTube or any other streaming service because of copyright claim (for example YouTube blocks that kind of videos)

[graphtersawyer]

Yes, you need to pay for commercial rights. Because you’re “using it in [your] portfolio to promote [your] services,” you stand to indirectly benefit financially from the video you’re using.

Here is the portion in TOS:

By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Fiverr is quite clear about this one. Best wishes!