at the risk of asking legal advice, i’m a little confused about fiverrs T&C as it relates to the intellectual property rights of delivered work, say a logo
under “ownership”, it states “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.”
it goes on to say " Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use."
then under “commercial use licences”, “For the avoidance of doubt, the Seller retains all ownership rights.”
my non lawyer brain takes this to mean if i order a gig and everything goes to plan (i pay and accept the final product as delivered) and the gig itself made no mention at any point about copyright, then all rights and commercial rights of that work belongs to me. if the gig offers commercial rights as a gig extra, and i purchase that, then all rights and commercial rights belong to me. if, however, i do not purchase that option, then intellectual property rights belong to the seller, and i get a licence of sorts for personal use, not dissimilar to buying a movie DVD?
if that’s the case, then what would happen in the following three situations;
scenario 1; seller offers commercial rights as a gig extra for $20, and confusingly also offers full intellectual rights for $50. you can also buy an extra revision on a gig that includes unlimited revisions. so the buyer orders commercial rights but not intellectual rights. along with the final delivery, seller provides a PDF containing what looks like a legal contract that would give me commercial rights for 2 years provided i use the logo or it could be revoked? (this looks dubious but lets assume it’s legit). buying the intellectual rights would get me a similar document basically wavering all intellectual rights
is this scenario what rights would the buyer have to the delivered logo?
scenario 2; the gig itself includes commercial rights. not as a gig extra, but the descriptions of the gig states something like “you get high resolution JPG, 3D mockup, commercial rights”. other then that, ownership isn’t mentioned at all and the gig is delivered as normal. is this the same as not mentioning rights at all?
scenario 3; a buyer submits a crude drawing of a dog in a circle above their company name “woofeo inc.”, and asks the seller to remake that. this time, the seller offers commercial rights for $20 as an extra which the buyer doesn’t opt for. the buyer delivers the order but adds a collar to the dog. the buyer loves it, completes the order, leaves positive feedback, everything’s good. who owns what now? does the seller just own the rights to that particular drawing of that logo? can the buyer later ask someone else to remake the logo using that drawing as a reference? what if the gig came with source files and the buyer turns off the layer with the collar?
i ask for past gigs, which i love to death, i’m just confused about the copyright, as well as future gigs that i have my beady little eye on