I just hired an illustrator on here to create some illustrations for my children’s book. They are digital paintings with photoshop software. I am confused about crediting them as illustrator for my book and if that then gives them rights to royalties?
To credit them or not it’s your choice however to be able to use them freely you need to ask to buy commercial rights from your seller for those illustrations and he can send you a custom offer for that (if it’s not already included)
The description of what I bought included “Commercial Use”. I know Fiverr states that once delivered and accepted/paid for the illustrations are the intellectual rights of the purchaser. If it says commercial use I was assuming it was already included?
Then as I said you don’t need to ask for it if commercial rights already included.
You don’t owe anyone a credit for a commission and you can’t know a Fiverr Seller’s real name, anyway. If they gave it to you they could lose their account.
Always make sure you have the terms of an agreement in writing.
Well, some sellers use their real name as username, so in those cases, the buyer knows the name anyway, and it’s also completely possible to use the Fiverr username to credit a seller, in fact that’s what I asked a few customers to do if they wouldn’t mind, when they offered to credit me (I don’t ask for it, it’s in my FAQs that they don’t have to but that I’d be honoured), and they were absolutely fine doing that.
I don’t think many Fiverr sellers expect it but it’s rather common to credit illustrators, translators, …, so if you want to do that, maybe just ask your seller if they’d like it and under what name.
If you paid for commercial use, that should cover you, you can also check Fiverr’s terms of service, which say:
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “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.
Thank you, I am clear about this now. Yes, I own all rights to the illustrations but I will list them as illustrator on the book.
Thanks for your help everybody!