Fiverr Community Forum

How do I handle this situation?/is this alright?

Is this alright? Copyrights are such a difficult topic, is it my problem/can I get in trouble if he would not have gotten a license for the music?

This would help me a for future situations aswell and maybe others have thought about this aswell.

4 Likes

What is it he wants you to do?

Sorry I should have explained, he wants me to make an animation and use a remix of a quite popular song under it

1 Like

I think you should tell him to do his research first and talk to a lawyer who is specialising in copyrighting materials.
It’s not your job to tell him that he can not licence remixed songs.

P.S he would buy licence for himself, but technically you would also need to buy a commercial licence because you will be selling it to him even though he bought licence for himself.

It’s tough questions so on your place I would’ve stay away from that.

4 Likes

This is the exact song

1 Like

I’m no expert but it seems to me it’s not your fault if he doesn’t own the copyright to something he wants to use. You can’t be expected to know who owns copyrights to everything every client brings to you.

I think this was discussed a while back in the forum.

2 Likes

Just use music you are sure you have the right to use.

@lynmotion To be honest, I’m skeptical that he’ll actually get the license. It feels like he’s just saying that to appease you.

Also, I doubt you’d get in trouble for the actual product, but I imagine Fiverr would take issue with it as it could make them liable if it turns out he’s not abiding by a license correctly.

3 Likes

It could get the gig removed if it gets found out/reported.

eg. the terms of service say:

Gigs may be removed by Fiverr for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found

Fiverr CS will cancel orders…

  • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.

In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs

It’s best to just use music you have the license to use and to say sorry you can’t use the music they ask for (eg. if it’s a famous song or from a youtube clip) - unless you can obtain the license for what they ask for. But if it’s a famous song that isn’t very old (ie. if it isn’t out of copyright) it’s likely to be very difficult and expensive to get the rights to use it.

Also I agree with you that it’s unlikely the buyer would get the license to use that music (that he’s just saying that when questioned about it). And the license needs to allow the Fiverr seller to use the music (for the order) not just the buyer.

4 Likes

If you are just making the animations go ahead there is no problem in that! I make tons of videos for my clients all the songs are copyrighted but you are not going to use that song right you are just making a video just make sure you don’t send anything in the gig preview.

Why suggest that the OP breaks the Fiverr terms of service and IP/copyright law?
It could get a seller in trouble even if it isn’t shown in the gig preview.
The seller is also asked to upload proof of work.

2 Likes

She is making the video for an artist I hope the artist is going to send the op a remix which he/she made. Not the original remix right ?

If sellers can’t make videos for remix I would have been banned pretty earlier…

We don’t know the buyer is going to do that or that the buyer has obtained permission from the copyright holder (or will) to create the remix and to allow the video to be created with it. And even if they did they’d need to show proof to the seller I think. I assume the proof would need to show that the company the buyer is from has obtained all necessary rights. Also with user identities being anonymous that might be a problem. Also the Fiverr terms of service says “Sellers represent and warrant that they hold a valid license to use such music”.

To legally create a remix the creator still needs permission from the copyright holders. And if it’s for profit, fair use is much less likely to apply.

edit: Also the buyer didn’t mention remixing. They said “we will get the license” [for the song they linked to on youtube].

2 Likes

How is a seller to know whether or not that everyone who provides something to them is the copyright holder? How could that be their responsibility? They can’t have the time or resources to do detective work and try to track down who owns the copyright of everything they are sent.

2 Likes

This is not possible asking for permissions from huge artist for smaller artist is not possible and even people like me can’t ask that much from buyers for just $10 its like make a video or cancel it they will possibly cancel it and get it done from someone else. But I will have to ask cs about this topic I am worried now…

Then if they aren’t sure/don’t have proof, they should just use music that they (the seller) have the license to use (as it says in the terms of service) and just say sorry they can’t use that other piece of music off youtube etc.

I would advise you to make your video but deliver it without audio/music and tell the buyer how they can add it themselves. (Of course, clear that with them first).

If your buyer doesn’t agree to that, just cancel. If you complete this project and deliver, your buyer is just going to end up having their video automatically flagged on Youtube (and most other video sharing platforms) for copyright infringement. They won’t be able to use it and when that happens, you can guarantee that they will come right back to you or Fiverr and request a refund.

Otherwise, the reality is that no seller can know whether materials they are provided with by buyers are copyright protected or not. Whenever I am not certain, I just deliver via a shareable link rather than uploading files in delivery messages. This way, work does not get added to your live portfolio.

This case is different, as we are not talking about a piece of stock music which you have to trust a buyer owns the necessary rights for. Clearly, they don’t own the rights and are essentially instructing you to infringe the original artists copyright.

4 Likes

This is such an obscure thing, trying to figure out who a copyright holder of anything is. Things change hands so much on the internet and someone could get something that was passed from hand to hand multiple times so that the real, original copyright holder is impossible to determine.

2 Likes

So they will still come back to the seller, even if the seller didn’t add the music but the buyer did it.

At least the seller can go to customer support with proof it wasn’t their fault.

That’s my point. If the seller adds the music, they are liable. If the buyer adds it, they are liable.

3 Likes