If you hire someone and give them the idea for a logo and you finally approve the finished work and pay, do we need to have the artist sign a copyright waiver or do we own it 100% outright with no worries about having to pay royalties once that logo begins to generate a substantial income?
From the terms of service:
"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, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. "
In other words, unless specifically stated that you need to purchase rights to own the copyright of the design, you have full ownership once the payment has been made and order is completed.
For more details, please read the Terms of Service here:
Hope this helps!
A logo you own outright and have full usage. Otherwise the work would not be fit for purpose.
However, you may not claim to have made this logo yourself. The person who did the work still has a moral right to state that this is their work. This latter is super important as most creative work is driven by reputation so if you deprive a worker of their reputation - or Credit - you deprive them of ability to generate more work.
With other sorts of work like music, the ownership stays with the creator and they give you a license. The terms of the license are between you and also determine payment. E.g. I might Score “Avatar II” for $1 + lots of Points. This will bring me future work and royalties from those points.
If the Director expected to remove my name, we start the conversation at $1,000,000 for lost future income. This is called Ghostwriting and is paid accordingly. Note that the real ghost creator can often be found within the industry even if they can’t make public claims. This lets them still get more work so they get paid well.
Again though, be aware that every agreement can be different so assuming can have horrible consequences for one or both sides. In other words, be honorable or be hated.
if you are planning to use commercially to generate income then you need to check with your seller if they have commercial rights as an extra to their gig.
Ooh I assumed the OP meant logo for their business (like the Nike logo). Then I wonder if they really meant once we start selling this logo to other people, in which case they really need to disclose that to the seller as pricing and licensing are on the assumption that this is not being resold.
I don’t think that’s the case on Fiverr. The TOS says:
unless clearly stated otherwise on the Seller’s Gig page/description…
the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein
You have chosen only the parts of Fiverr’s TOS to suit your wants.
Also Fiverr cannot create rules that supersede wider law. My partner has been studying I.P. laws and I have précised the core info above. If you like, do your own study but please make sure you read the whole shebang before getting yourself in a knot.
As for Fiverr’s ruling, this is covered above in that to make a Logo “fit for purpose” all rights transfer. They have added the waive clause themselves to all contracts, which is a seller’s right to allow or override (as they clearly state here). Generally speaking, this is the easy way to handle it.
Just think tho that if you made the Nike swish, would you not want to say that was your creation? Yes. Nike would not want to deny that. Nike would not want to lose thier right to use that logo freely seeing it was made for their usage so you could not exert an injunction (unless they neglected to pay you or fulfil some part of the contract) or ransom more money/shoes.