Fiverr Community Forum

NFT art and ownership

I have got a lot of inquires about NFT art recently and I’m not sure how respond some of them.
If you are unfamiliar what is NFT, please check the link Non-fungible token - Wikipedia

Main issue that I have with this trend is that buyers thinks they have an ownership to your work and rights to resell it under their name without your knowledge and approval.
I saw a lot of gigs that are related to NFT art and I think it is fine to create these artworks as long as sellers are aware what it means for them, but personally, I took pride in my work and want to be credited for every artwork. I just hope that I’m not the only one who is bothered by this.

How can we recognize these inquires and avoid them in the future?
Is there any protection by Terms of Service?
Do you do NFT art and why?

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I don’t really understand, is this an artwork style like Impressionism? Or is this a bitcoin-like token?

If it is just Art (as if art should ever be “just” anything) you have two choices,

  • Fiverr sets a default state that whatever you make passes fully to the buyer on payment. That is it, done, all over red rover. Hope you like your $4. That is the Work For Hire malarkey (or malady).
  • Fiverr also says that every Seller can specify ownership & licensing of the work created in their Gig. Clearly you need to allow reasonable usage of the product so if it is an album cover, you can’t step in and stop me from using it or ask for more ongoing fees as that makes the work “not fit for purpose”.

Each path has advantages. Less experienced business people assume they want and need total ownership of everything all the time (commonly including, you, me and all our data as customers). This is contrary to law or even how they would wish it the foot is being stomped by the other boot. Allowing the buyer to feel comfy they own everything forever and ever with no thought of you is comforting for them and not offering it will cause some to bail on you (poor deluded fools).

A wise buyer will realize that ownership of some things is a bit more malleable. I may just so happen to own a few Judas Priest records, one of which has a Patrick Woodroffe painting on the front. I own the right to listen to that record as much as I like. I can play it in the bedroom. I can play it in the shower. I can play it in my car. I can play it at breakfast time. But I will not own the actual green eggs and ham (sorry music and cover art).

If you make these Arty things and sell them for $5, probably not worth caring about as the buyers are likely clueless and will ignore anything you ask.

If you sell these Articles for real money, then you should definitely be signing them somehow. A real appreciator of the art will want people to know they have a Molecula. Reselling will be of a Molecula not a “look wot I done last night”.

Based on what I see in your Gig (mighty purdy work I must say and nice album covers they would make - shame a music album doesn’t even make me a visible fraction of the cost of one of your pics) I think that you should be signing more clearly. If you are moving to a new phase of drawing whatever that thing you say is, then it should still be signed clearly - unless you are actually a Ghost Artist.

ReSellers do not get far with me. I am not completely opposed as if eg a Music Supervisor came to me and said “I want to buy a track from you for $10,000 for Avatar 2” (and they sell it to James for $20,000) no dramas at all. Everyone wins. However, my experience with ReSellers is that they have either already bought the job for far too little to actually do the job and they have no skills at anything (except following buyers) and expect I will do their terrible job for even worse pay, whist they mismanage both the real buyer and myself - and then complain that I am not a cool guy; or they are merely probing me for lowest cost to try to win that job which is a waste of my time. Avoid that slime like the slime that it slimily is.

I hope that helps in some way.
:slight_smile:

1 Like

Thanks for your reply, I appreciate it!

I recommend you to research NFT art trend. Basically, you can put your original artwork for sale, prove authenticity and than whenever your work is resold you get a fee or wherever is shared online, your name is behind it. It is like art auctions.

These new buyers on Fiverr are looking for any kind of art that they can sell under their names and profit from it and most of the time they don’t ask for ownership. I’m familiar with commercial rights, but I’m not sure if this is the same thing. If I want to sell my artwork like this I’ll go to these marketplaces by myself.

I’m just unsure what to think about this.

The best thing would be to create an NFT yourself with the artwork with the conditions(embedded within the NFT) like how much royalty you want for every resell of the NFT. You can then sell the NFT in NFT marketplaces or via fiver if you want.

1 Like

Hi there,
I think this is a really interesting issue. I am an author, and I’ve purchased gigs from several artists previously to create artwork to go along with short stories and poems and things.
It looks to me like if a seller includes commercial use, then that would mean the buyer - who then owns the copyright - can use it for whatever they want (as long as it’s legal, as the Fiver TOS are keen to point out!). Which seems like that would include incorporating it into an NFT.
But that’s different from crediting or attribution - if I were making an NFT using work I had bought, I would absolutely feel morally obliged to credit the artist.
The interesting thing with NFT’s though is that you can include resale royalty attribution - so that could eg be split between the seller and the buyer, in some way outlined in the contract between them. I think as long as what’s expected/what the deal is is stated clearly and agreed by all parties, something like that would be entirely reasonable.
Or this could be in some way reflected in pricing of the gig - eg something like “if you use this work in an NFT at some future point, then if you put my wallet address in the NFT metadata as getting 25% royalties of original sale and 5% for resales, the up front gig cost will be 50% cheaper”, something like that.

1 Like