Copyright use good or not

[christos2311]

Hello Sirs,
i really not get really what to look for. Is commercial use good for the buyer or better without?
I want to give someone an art to do and later sell it on some marketplaces. I will take the art and change it a little bit afterwards. So i need to own the property rights for that. and i not want to pay additional fees or anything else. can someone help me what to look for?

[imagination7413]

From the Fiverr Terms of Service:

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.

[christos2311]

From the Fiverr Terms of Service:

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.

thx for telling. so if i buy an art under commercial use licence and i want to later make changes on this and sell it further to other people that is fine?

[imagination7413]

It depends on the seller and the conditions set within the gig/order.

…unless clearly stated otherwise on the Seller’s Gig page/description…

For example, if an artist states in their gig that purchased art may not be altered, or that commercial use only applies to premium packages.

What kind of ‘art’ are you looking for, and what changes do you think you would want to make?

[christos2311]

On 10/14/2020 at 2:24 PM, imagination7413 said:

It depends on the seller and the conditions set within the gig/order.

Quote

…unless clearly stated otherwise on the Seller’s Gig page/description…

For example, if an artist states in their gig that purchased art may not be altered, or that commercial use only applies to premium packages.

What kind of ‘art’ are you looking for, and what changes do you think you would want to make?

on artist makes me a unique frame…one artist a nice drawing…and out them together and have a playing card…and there i will change numbers names and so on…

so the one doing the frame not even has to offer a commercial licence…in this case i not need anything? if someone not offers a commercial licence?

so if i put this design into a playing card and this playing card i sell to someone digitally and gets million of views…is it allowed cause it says in the commercial use part “non-transferable”

[imagination7413]

so the one doing the frame not even has to offer a commercial licence…in this case i not need anything? if someone not offers a commercial licence?

if someone not offers a commercial licence?

According to the ToS, you receive full commercial use if the buyer does not specify within the gig/description/order.

and this playing card i sell to someone digitally

If you’re reselling, then you need licensing, which is different from commercial use.

[christos2311]

if someone not offers a commercial licence?

According to the ToS, you receive full commercial use if the buyer does not specify within the gig/description/order.

and this playing card i sell to someone digitally

If you’re reselling, then you need licensing, which is different from commercial use.

thats why i look for ownership of what i buy…so how i should do the licencing or make sure that i get 100% ownership of what i buy

[imagination7413]

Ask for it from the seller, and have it in writing within the order page.

[christos2311]

Ask for it from the seller, and have it in writing within the order page.

So Where is the order page. Normally i speak before with email and he makes an offer - it has to be done in the requirements part?? A simple question like can i licence this product and will it be under my ownership? is enough? So commercial use in this case is worth 0 or still also to go for commercial use?

thx for your unbelieveably great answers…nice help

[christos2311]

So Where is the order page. Normally i speak before with email and he makes an offer - it has to be done in the requirements part?? A simple question like can i licence this product and will it be under my ownership? is enough? So commercial use in this case is worth 0 or still also to go for commercial use?

thx for your unbelieveably great answers…nice help

and what can i do i ordered a product from someone today and just have told him with commercial use…so what can i do to have this deal with him?

[imagination7413]

Sellers can add ‘extras’ within the order page itself. Discuss the price with your seller. If the licensing rights, or commercial use, need to be bought, ask your seller to send a gig extra.

[christos2311]

and what can i do i ordered a product from someone today and just have told him with commercial use…so what can i do to have this deal with him?

and is there a standard sentence i could use for this case? sorry my english is not the best

[christos2311]

Sellers can add ‘extras’ within the order page itself. Discuss the price with your seller. If the licensing rights, or commercial use, need to be bought, ask your seller to send a gig extra.

but i can read nowhere something about licencing rights …so i just tell him to read about licencing rights?

[imagination7413]

It’s up to the Seller to write it out, and you to approve, but something like this:

I, the seller, hereby amend this order to grant the buyer full commercial use and licensing rights, including transferability, upon completion and payment of the order.

[christos2311]

It’s up to the Seller to write it out, and you to approve, but something like this:

I, the seller, hereby amend this order to grant the buyer full commercial use and licensing rights, including transferability, upon completion and payment of the order.

you helped me so much…thank you very much

last question how can i bring this change into the 2 orders i have

[imagination7413]

Ask your seller.

More from the ToS.

• When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.

Gig Commercial Use License
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.