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Copyright and Work For Hire legalities

I wanted to touch base with the sellers of copyright-able works. I also wanted to reach out to those who do work for books (illustrations etcs). ** This is in regards to US laws - and may or may not be applicable to copyright and trademark or intellectual property laws in other countries.



Fiverr has stated in their Terms of Service (http://fiverr.com/terms_of_service), under the bottom clause (“Ownership and Limitations (Legal Stuff, yuck…)”) a very important piece of legal yuck.



Quote: "…when the work is delivered, 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. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. "



In simple terms:

‘fragglesrock’

‘fragglesrock’

'fragglesrock’

Sheriff’s Note: Off Fiverr links are not allowed.



Illustrators - you are LOOSING your rights to be compensated on royalties from book sales. You are also loosing your rights to post your artwork in a portfolio either online or in print format due to the nature of “Work for Hire” .



Designers - you are LOOSING your rights to post your artwork in a portfolio either online or in print format due to the nature of “Work for Hire”. Also using duplicates, or re-mods of the same design can be considered “Derivative works” and once you send a design out to a buyer you are not legally allowed to make “derivative works” from that design.



Crafters - YOU are a special case. I need to do more research into this for you folks. When I have more info I WILL post it.



Video folks - you are LOOSING your rights to post your artwork in a portfolio either online or in print format due to the nature of “Work for Hire”.

*** However there is a clause in the TOS that covers your rights to your rights.
*



Thank you Fiverr legal team for this!



Quote: "Ownership and limitations: unless clearly stated otherwise in the Gig description text…"



Which means you can clarify your intentions, and cover YOUR rights to your rights. More or less. :slight_smile: My suggestion is to use it or loose it. Yes I know there are limitations to total number of characters allowed in a description. But this is Important.



Below are examples of what I write.



In some of my Gigs I have this clause (due to character restrictions I keep it as short and simple as I can) - "I retain my copyrights to the pieces unless otherwise contracted. You get the image, not the rights that go with it. For company needs, message me separately about copyright transfer."



In others I’m a little bit more specific -

"Copyright Info:

I retain some basic rights to display, distribute, and reproduce the images in regards to my personal portfolio of works. Otherwise the work is yours to do with as you please."



Space considerations /are/ an issue - however I would not suggest posting your copyright clause in anything BUT the main description. Keep it simple. Protect your rights (unless you just don’t care).



The downside to this is for the Illustrators. You cannot gain royalties for book illustrations you offer on Fiverr - due to the nature of Fiverr’s “no contact outside of Fiverr” clause. The plus side to this is, you can still protect your right to show off your works for future assignments where you might gain royalties. :slight_smile:

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Added note Disclaimer: I am not a lawyer. This is not “legal advice” per say. This is a copyright-savvy fellow seller offering insight and a heads up on something important. If you want further advice seek legal aide. :slight_smile: Thanks.

I know several people who wanted to take legal action towards a few pieces of literature and when they contacted CS about it they had no problem with them going after them but they would not help much. I have that part “unless clearly stated on gig discription” saved on my computer I hold it very dear as I like to keep my rights or atleast charge more for them. I recomend offering non exclusive rights to the buyer as it gives them the freedom they need but you can still resell it or rewrite it for personal use.

It is true that creators giving up rights, but the business would not work any other way - buyers don’t just want a license to use an image, they want to be able to use the content in any way they wish.

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