So I am currently chatting with a fiverr rep. and from what I am getting at fiverr can’t classify what is “custom” work in regards to their TOS for copyright ownership since they put money into my account to pay the seller so i can collect copyright documents for custom work that is rightfully mine. The only reason they did so is so that they can cover their ass in the long run. My issue here is that all work on fiverr is custom. So how can a seller claim rights to it.
this is from fiverrs TOS
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.
Once again its custom work and i’m not planning on reselling my own logo why because its something i paid for me only so a commercial use license doesn’t apply to this.
what are your thoughts here? do you think fiverr should remove for clarify to sellers about this BS?
Mod Note: Merged.