Confused buyer- relationship with seller

[biljanavurdelja]

Hi everyone.

I am a little bit confused about copyrights:)
I bought couple of designs for commercial use and I don’t know what is my responsibility with the seller after it. Does it stop here or not? However, I am not making any money out of it so far.

Let’s say I want to sell a coffee mug with that picture that I bought on Fiverr for commercial use.
Common sense is telling me that that designer should have some benefits or get money.
Imagine that the seller sees that mug. I would be heartbroken to see something I made for 10 $ somebody selling.
How it works and what is my obligation?

Greetings
Billie

[veniceart]

seller sell commercial license too. you can buy the license for the design from the seller.

[humanissocial]

Research commercial use and third party resale.

Once you understand those things you’ll see how this absolves you from commissions and royalties.

This is why you should charge a lot more for commercial use and resale.

Commercial use and copyright are very different things.

[biljanavurdelja]

Research commercial use and third party resale.

Once you understand those things you’ll see how this absolves you from commissions and royalties.

This is why you should charge a lot more for commercial use and resale.

Commercial use and copyright are very different things.

Yes, that’s exactly what I don’t understand.

When I pay for commercial use, I can sell thet mug with that design?

[humanissocial]

Yes, that’s exactly what I don’t understand.

When I pay for commercial use, I can sell thet mug with that design?

Not by default, unless the buyer in this case explicitly allows that.

Commercial use is the freedom to use the work to grow and run your own business (or anything else for profit) but it doesn’t by default mean you can resell it unless the seller says so.

Third-party resale means you by default have the freedom to sell the product to a third-party under the terms of the seller’s agreement. Fiverr doesn’t have that as a setting for some reason, so you need to clarify with the seller because something can have commercial use but not third party resale.

In any case, Fiverr is a marketplace. You don’t pay commissions on anything you buy in a marketplace and there is no mechanism to monitor that. Read the ToS again. Sellers can only take payment for projects.

Sellers are only allowed to accept payment for performing projects and there is no other way to send them money.

[biljanavurdelja]

Not by default, unless the buyer in this case explicitly allows that.

Commercial use is the freedom to use the work to grow and run your own business (or anything else for profit) but it doesn’t by default mean you can resell it unless the seller says so.

Third-party resale means you by default have the freedom to sell the product to a third-party under the terms of the seller’s agreement. Fiverr doesn’t have that as a setting for some reason, so you need to clarify with the seller because something can have commercial use but not third party resale.

In any case, Fiverr is a marketplace. You don’t pay commissions on anything you buy in a marketplace and there is no mechanism to monitor that. Read the ToS again. Sellers can only take payment for projects.

Sellers are only allowed to accept payment for performing projects and there is no other way to send them money.

This definition that you add here is not what I found before I ordered. It is more specific:

Commercial and Non-Commercial Use

Non-commercial use encompasses a wide range of exciting possibilities—including artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold. Examples include, but are not limited to, presentations, research, tattoos, sixth-grade science fair projects, tablet backgrounds, free and ad-free apps, GIFs, holiday centerpieces, Halloween costumes, decoupage, inspiration boards, and shower curtains.

Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. Examples include, but are not limited to, merchandise, books for sale (including textbooks), apps that will be sold or have advertising, periodicals and journals with paid subscriptions, TV programs and commercial films, advertisements, websites that sell images, and cause-related marketing.

[hinajehan]

This definition that you add here is not what I found before I ordered. It is more specific:

Commercial and Non-Commercial Use

Non-commercial use encompasses a wide range of exciting possibilities—including artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold. Examples include, but are not limited to, presentations, research, tattoos, sixth-grade science fair projects, tablet backgrounds, free and ad-free apps, GIFs, holiday centerpieces, Halloween costumes, decoupage, inspiration boards, and shower curtains.

Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. Examples include, but are not limited to, merchandise, books for sale (including textbooks), apps that will be sold or have advertising, periodicals and journals with paid subscriptions, TV programs and commercial films, advertisements, websites that sell images, and cause-related marketing.

I write recipes for my buyers and they sells the books but I only charge them for creating recipes

no extra charges. It is okay for you to use the design how you want.

[biljanavurdelja]

I write recipes for my buyers and they sells the books but I only charge them for creating recipes

no extra charges. It is okay for you to use the design how you want.

I would like to give back to my seller If i really sell anthing with their design. Don’t get me wrong!🙂

[miiila]

Hi there.

If you look at Fiverr’s terms of service, you’ll find this:

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.

If you need further clarification, you could try asking the seller and/or Fiverr support.

I hope that helps. “Copyright stuff” tends to be complicated unfortunately 🙂

[humanissocial]

This definition that you add here is not what I found before I ordered. It is more specific:

Commercial and Non-Commercial Use

Non-commercial use encompasses a wide range of exciting possibilities—including artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold. Examples include, but are not limited to, presentations, research, tattoos, sixth-grade science fair projects, tablet backgrounds, free and ad-free apps, GIFs, holiday centerpieces, Halloween costumes, decoupage, inspiration boards, and shower curtains.

Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. Examples include, but are not limited to, merchandise, books for sale (including textbooks), apps that will be sold or have advertising, periodicals and journals with paid subscriptions, TV programs and commercial films, advertisements, websites that sell images, and cause-related marketing.

No, this is less specific than what I described. It says nothing about resale.

In any case, as a courtesy I would make sure the seller has specified you can use something for resale. I imagine they would have no recourse given Fiverr’s Terms, but it is still important to be on the same page to ensure the product is suitable for the use you intend.

[biljanavurdelja]

No, this is less specific than what I described. It says nothing about resale.

In any case, as a courtesy I would make sure the seller has specified you can use something for resale. I imagine they would have no recourse given Fiverr’s Terms, but it is still important to be on the same page to ensure the product is suitable for the use you intend.

"Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. "

This not what definition says:

“ Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.”

When there is transaction there IS third party.

[humanissocial]

"Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. "

This not what definition says:

“ Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.”

When there is transaction there IS third party.

“Let’s say I want to sell a coffee mug with that picture that I bought on Fiverr for commercial use.

Common sense is telling me that that designer should have some benefits or get money.”

That IS third-party use. I imagine you can do it with no recourse even if a Buyer wouldn’t want you to, but your buyer needs to know that’s what you intend to do because that dictates the nature of the work.

I never said anything about reselling the copyright. That’s not at all what I’m saying. I’m saying taking something someone did for you and then selling it, which is a specific type of commercial use.

Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. That’s different from having someone make something for you and then reselling it.

I’m talking about HOW you use the project in sales, not reselling copyrights. You can’t do that, anyway. That’s not how copyright works.

Using a project to create products to sell to people is not selling the copyright. You aren’t giving buyers the rights to use that project for resale. You are using the rights to create something and then selling what you’ve created. In other words: in your scenario you’re not giving people the design file with the rights for people to make their own mugs and sell them. You’re using your rights to use the design file to make that product. Then you’re selling the product you made with the design you purchased.

[biljanavurdelja]

“Let’s say I want to sell a coffee mug with that picture that I bought on Fiverr for commercial use.

Common sense is telling me that that designer should have some benefits or get money.”

That IS third-party use. I imagine you can do it with no recourse even if a Buyer wouldn’t want you to, but your buyer needs to know that’s what you intend to do because that dictates the nature of the work.

I never said anything about reselling the copyright. That’s not at all what I’m saying. I’m saying taking something someone did for you and then selling it, which is a specific type of commercial use.

Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. That’s different from having someone make something for you and then reselling it.

I’m talking about HOW you use the project in sales, not reselling copyrights. You can’t do that, anyway. That’s not how copyright works.

Using a project to create products to sell to people is not selling the copyright. You aren’t giving buyers the rights to use that project for resale. You are using the rights to create something and then selling what you’ve created. In other words: in your scenario you’re not giving people the design file with the rights for people to make their own mugs and sell them. You’re using your rights to use the design file to make that product. Then you’re selling the product you made with the design you purchased.

humanissocial:"Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. "

This not what definition says:

“ Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.”

When there is transaction there IS third party.

[biljanavurdelja]

Hi there.

If you look at Fiverr’s terms of service, you’ll find this:

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.

If you need further clarification, you could try asking the seller and/or Fiverr support.

I hope that helps. “Copyright stuff” tends to be complicated unfortunately 🙂

Yes it is clear here . Thanks so much!

[humanissocial]

humanissocial:"Something can be for commercial use but not third-party use. Like if you’re just using a service to promote your business. "

This not what definition says:

“ Commercial use is any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.”

When there is transaction there IS third party.

All I’m saying is that your seller should know if you are using the product in sales to your own clients because that affects the work. You can select the Commercial Use extra but that still doesn’t tell the buyer you are reselling for the reasons I explained… several times.

I’m not talking about Fiverr’s definition. I’m explaining why a seller doesn’t know of resale intentions unless you tell them.

You asked a question and I answered it. You’re responding with a debate about Fiverr’s definition which is irrelevant to my point.

And you thought I was talking about copyright resale, which I had to explain was incorrect.

[biljanavurdelja]

All I’m saying is that your seller should know if you are using the product in sales to your own clients because that affects the work. You can select the Commercial Use extra but that still doesn’t tell the buyer you are reselling for the reasons I explained… several times.

I’m not talking about Fiverr’s definition. I’m explaining why a seller doesn’t know of resale intentions unless you tell them.

You asked a question and I answered it. You’re responding with a debate about Fiverr’s definition which is irrelevant to my point.

And you thought I was talking about copyright resale, which I had to explain was incorrect.

That definition wasn’t Fiverr’s definition btw.

This what you are saying is for debate. Why should someone open discussion HOW he will use “Commercial use right”? They didn’t even ask me. I still don’t know how I will use.

What is the point of telling them that?

[humanissocial]

That definition wasn’t Fiverr’s definition btw.

This what you are saying is for debate. Why should someone open discussion HOW he will use “Commercial use right”? They didn’t even ask me. I still don’t know how I will use.

What is the point of telling them that?

Because they need to tailor the product to the audience for whom you intend to sell it and their interests. Barbie wouldn’t do a commission for a cowgirl doll unless they knew what market they are supposed to engage. You create based on who you are targeting.

The definition has nothing to do with that point at all.

Knowing “commercial use” has been selected and knowing the definition doesn’t tell you HOW the person is going to use it. So you need to explain it.